The Digital Office: Legal Remedies for Computer Misuse and Unauthorized Access by Employees

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August 18, 2010

2:00pm – 3:30pm EDT

When corporate assets are nothing more than digital files accessible to any employee with a computer, what remedies do employers have when employees start copying, downloading, or emailing files without authorization? Lawyers are increasingly turning to the Computer Fraud and Abuse Act (CFAA) to recover damages, but a successful outcome is often jeopardized by inartful pleading and a misunderstanding of the law.

Join Pike & Fischer and experts from Paul Hastings, Latham & Watkins, and Yahoo! to learn how to make a viable CFAA claim … and how to protect yourself before employee disloyalty arises.

What Will Be Covered:

What qualifies as “unauthorized access” or “exceeding authorized access”
Is disloyalty enough to render an employee’s access unauthorized?
What are “losses” and "damages" satisfying the jurisdictional threshold
What is a “protected computer”
Pointers for drafting clear policies on employees' use of corporate data
Whether a CFAA violation is a viable cause of action for trade secret cases
Lessons learned in the wake of the Lori Drew acquittal
Alternative causes of action

Who Should Attend:

Employment law attorneys
Privacy advocates
In-house counsel
Human Resource Directors
Employers

About the Speakers:

Moderator: Brad Newman, Partner, Paul Hastings - Bradford K. Newman is a partner who serves as chair of the employment law department for Paul Hastings in Silicon Valley, leads the firm's International Employee Mobility and Trade Secret practice, is vice chair of the ABA Employment Litigation Subcommittee, and is founder and Editor of the Employee Mobility, Restrictive Covenants and Trade Secrets Chapter in the ABA Business Law Section's National Annual Review. In connection with his national practice spanning many industries, Mr. Newman routinely serves as lead trial counsel, and has successfully litigated a broad spectrum of trade secret, employee mobility, whistle-blower, employment, wage and hour and traditional labor law cases in state and federal courts, in arbitration, and before the National Labor Relations Board. He has argued cases before the California Court of Appeal and the Ninth Circuit Court of Appeals. A cum laude graduate of the University of Pennsylvania, Mr. Newman received a J.D. from the University of California, Hastings College of the Law.

Peter Chen, Partner, Latham & Watkins - Peter Chen, a partner in the Litigation Department in the Silicon Valley office of Latham & Watkins, focuses his practice on intellectual property litigation and related strategic counseling and licensing. Mr. Chen has practiced intellectual property litigation since 1984, and has been involved in nearly 70 patent infringement lawsuits regarding computer hardware, computer software, biotechnology and medical devices. He has also handled copyright infringement litigation for software clients and over 25 trade secret lawsuits, several of which involved parallel criminal proceedings. He also advises companies on a broad range of issues involving intellectual property management and licensing, standards organizations, information security and open source licensing. Mr. Chen earned a B.S. and M.S. from Stanford University, as well as a J.D. from the University of California, Davis School of Law.

Darren Weingard, Vice President & Associate General Counsel, Yahoo! Inc. - For the past 5 years, Darren Weingard has been a V.P. and Associate General Counsel responsible for commercial litigation against Yahoo! Inc. worldwide, with an expertise in complex commercial litigation, consumer class action litigation, antitrust law, and trade secret misappropriation. Prior to joining Yahoo!, Mr. Weingard was a Senior Attorney at Sprint Corporation, specializing in litigation, regulatory law and antitrust law, and clerked for the Honorable Harry D. Leinenweber of the U.S. District Court for the Northern District of Illinois following his graduation from the Northwestern University School of Law in 1990.

CLE Accreditation: Pike & Fischer will apply for CLE accreditation in all states for which we receive a request. You will be provided with an opportunity to apply for same as part of the post-event evaluation process. Your request should include name, state, bar association number, and email address of each listener. CLE credits are applicable to live event registrations only. Clients purchasing audio recordings of our webinar events are not eligible for CLE credit. The accreditation process typically takes 2-3 months. Questions? Contact Pike & Fischer Customer Care.

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The Digital Office: Legal Remedies for Computer Misuse and Unauthorized Access by Employees Register one location with unlimited listeners -- $279
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The Digital Office: Legal Remedies for Computer Misuse and Unauthorized Access by Employees Audio recording on CD-ROM -- $279