Archive: February 14, 2007

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Court Grants Plaintiff Access to Computers Acquired by Defendant Two Years After Alleged Misappropriation

Court Grants Plaintiff Access to Computers Acquired by Defendant Two Years After Alleged Misappropriation

Frees, Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. 22, 2007)

This litigation involved claims against a former employee for violations of the Computer Fraud and Abuse Act. Plaintiff claimed that defendant had removed proprietary information from his company-provided laptop in connection with his November 2003 departure, and then used that information after he began working for a competitor (“Southeast”). Plaintiff sought an order compelling defendant to produce a laptop provided to defendant by Southeast in December 2005 or January 2006 and a personal computer hard drive which defendant kept at his residence. Plaintiff argued that the computers were likely to have evidence of defendant’s alleged violation of the CFAA as the computers were the most likely places where he would have downloaded, pasted, transmitted, or otherwise deposited the alleged pilfered computer data.
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