Authorized Access Of Proprietary Information And Impact On CFAA Claim

R. David Donoghue and Steven E. Jedlinski areboth Partner's in our Chicago office.

Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business. In these inevitable scenarios, the loss – potential or actual – of the company's proprietary information and associated business is of utmost concern. When misappropriation does occur, companies often seek to protect themselves through claims based on versions of the Uniform Trade Secret Act, the Defend Trade Secrets Act or the Computer Fraud & Abuse Act (CFAA). A recent Middle District of Tennessee decision on a motion to dismiss takes an interesting look at the pleading requirements for claims based upon such a scenario.