Overly Quoted on LVRC v. Brekka

Foley Partner Michael Overly was quoted in an article titled “Brekka Case Shows Need for Comprehensive Strategy to Shield Data From Insider Misuse” in the September 30, 2009 issue of BNA’s Electronic Commerce & Law Report. Overly discusses a Ninth Circuit decision disfavoring Computer Fraud and Abuse Act (CFAA) claims brought by companies against disloyal employees. He notes that under the decision companies are not going to have a claim for ‘unauthorized’ use of their systems under the CFAA if they do not have a policy that explains acceptable uses of data and computer systems. He adds that employers should require employees to return all company data upon termination of employment, as well as delete it from any non-company devices and accounts to which it was transferred.