Be Careful With Company Secrets—But There’s a Last-Ditch Theft Remedy

November 5, 2015 – In The News
Law.com

Jeffrey D. Polsky was featured in the Law.com article, “Be Careful With Company Secrets—But There’s a Last-Ditch Theft Remedy.” Full text can be found in the November 6, 2015, issue, but a synopsis is below.

According to Fox Rothschild Partner Jeff Polsky, a new case in California may support employers who are fighting the theft of sensitive information by former employees. “The Computer Fraud and Abuse Act (CFAA) may be one way for employers to recover for their economic harm,” he said.

“If the person intends to defraud the employer and obtains any information worth $5,000 or more within a 1-year period, or causes damage or loss to the computer system, that person is liable for the employer’s economic harm,” explains Polsky. The act also extends to anyone who once had access to the system but no longer does such as contractors, he said.

Polsky also notes that liability under the CFAA should be a last resort and employers should prevent theft by terminating log-in rights as soon as the employment ends.