Celesq® Programs

What is “Authorized Access and How Do Employers Deal with Misuse of Access Credentials Post-VanBuren vs United States

Active
Program Number
3122
Program Date
2021-02-03

As this summary is being written on December 1, 2020, the United States Supreme Court is considering the fate of the Computer Fraud and Abuse Act (“CFAA) in Van Buren v. United States. CFAA had been used by employers in certain circuit courts successfully to hold employees accountable for misuse and/or misappropriation of employers data to which the employees were otherwise authorized to access in the course of their employment. At the time this program is presented, we expect the Court will have rendered its ruling in Van Buren. Regardless of the fate of the CFAA, employers can and should employ other means, statutorily, contractually, and technologically, to protect their trade secrets and other confidential and proprietary information from misuse, exfiltration and alteration. Moreover, for employers who are attorneys, they are ethically required to not only keep client information confidential, but to stay abreast technology that may facilitate the protection of that information. This presentation will discuss: A brief review of the Circuit Courts split on the interpretation of the CFAA which led to the Van Buren case and the CFAA coming before the Supreme Court; A sampling of states laws that attorneys, employers and advisors can consider to protect their “secret sauce after the fact; Contractual and technology and data management tools that can and should be implemented proactively to protect proprietary information; and The mandates on attorneys to be aware of those tools.

Available in States

  • California
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Asset Protection
  • Business Organizations & Contracts
  • Communications and Media Law
  • Computer, Internet & E-Commerce Law
  • Copyright Law
  • Corporate and Securities Law
  • Cybersecurity
  • Data Security and Outsourcing
  • Federal Courts
  • Florida Eligible
  • Intellectual Property Law
  • Securities and Antitrust Litigation
  • Technology Law
  • Trademark Law