White Collar Roundup - December 2011

Don't Count Your Chickens

The U.S. Court of Appeals for the Ninth Circuit has broadly interpreted the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030(a)(4). The court reversed the district court's dismissal of an indictment that charged a firm's former employee with conspiring to violate the CFAA by having current employees send information to him. The Ninth Circuit held that "an employee 'exceeds authorized access' under § 1030(a)(4) when he or she violates the employer's computer access restrictions--including use restrictions." But that ruling has been vacated because the court decided to hear the case en banc on December 15, 2011.

Skilling Alone Can't Keep Bruno Out of Jeopardy