Court Rejects Computer Fraud And Abuse Act Claim

On July 13, 2007, the U.S. District Court for the Eastern District of Pennsylvania ("District Court") ruled that an accountant who used his computer to copy information about a previous employer’s clients to share with his new employer did not violate the Computer Fraud and Abuse Act ("CFAA") (Brett Senior & Assocs. v. Fitzgerald, No. 06-1412, 2007 WL 2043377 (E.D. Pa. July 13, 2007)).

The plaintiff required all of its employees, including the defendant, to sign a confidentiality agreement. In January 2005, the defendant accountant interviewed with the defendant firm and in November 2005, the defendant accountant notified the plaintiff that he had accepted a job with the defendant firm. Both the defendant accountant and the plaintiff contacted clients and informed them of the defendant accountant’s decision to work elsewhere. The defendant accountant managed to get 15 of 20 clients to go with him to the defendant firm.