In Federal Court, A Win is a Win

Any practicing attorney knows that when you file a lawsuit, you need to include all potential possible causes of actions that are relevant to the client’s claims.  In general, claims not asserted arising from the same set of circumstances may…

VRCompliance LLC v. Homeaway, Inc., 715 F.3d 570 (4th Cir., 2013)

Sometimes Courts spend more time deciding whether to hear a case than actually hearing it.  When multiple jurisdictions are involved, it may get more comical.  Why would litigants allow such a “waste” of attorney’s fees?  Forum shopping for the State…

Othentec Ltd. v. Phelan, 526 F.3d 135 (4th Cir., 2008)

If a court refers to a case alleging violations of the Computer Fraud and Abuse Act and the VCCA as “no evidence outside of selfserving speculation” and adds that “there simply isn’t any evidence here to go forward with the unauthorized use…

A.V. ex rel. Vanderhye v. Iparadigms, LLC, 562 F.3d 630 (4th Cir., 2009)

This is a very long and factually strange case about plagiarism… through some creative lawyering, the CFAA and the Virginia Computer Crimes Act also got their share of pleadings…. – Domingo Rivera562 F.3d 630A.V., a minor, by his next friend…

United States v. Steele (4th Cir., 2014)

So, what happens when an employee  spends nine months secretly logging in to the email server of his former employer (without permission, obviously), gaining access to confidential and proprietary information related to its government contract bids.  Yes, criminal conviction under…

Tech Sys., Inc. v. Pyles (4th Cir., 2015)

The Computer Fraud and Abuse Act is a criminal statute that also provides a civil remedy.  In cases where employees abuse an employer’s computer systems, there may be a case of action for breach-of-fiduciary-duty. – Domingo Rivera TECH SYSTEMS, INC.,…

United States v. Rich (4th Cir., 2015)

Accused of violating the Computer Fraud and Abuse Act and enter into a plea agreement…. then figure out that perhaps access was not unauthorized because an accused co-conspirator had a password and arguably “authorized access”… Too late! – Domingo Rivera…

WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir., 2012)

The CFAA prohibits “unauthorized access” to computer systems.  What is unauthorized access has been subject to many interpretations.  The Fourth Circuit adopts a narrow reading of the terms “without authorization” and “exceeds authorized access” and has held that they apply only…