Recently, an already cash-strapped small California city realized that a finance employee embezzled $4.3 million over twelve months. Multiple theories emerged about what would motivate an educated, professional with a clean employment history to steal money from his public employer, and from the unwitting citizens, who were impacted by the massive theft. An interesting theory
Fraud
Ferreting Out Family Medical Leave Act Fraud: Practical Ways to Discover and Prevent FMLA Misuse
Do you have that employee who takes intermittent Family Medical Leave Act (FMLA) leave and is usually out on Mondays and Fridays? What about the employee on an extended FMLA leave who is going to school full-time? Is it possible for employers to verify FMLA abuse and prevent it? Although FMLA leave is highly protected…
Computer Hacking Law Does Not Prohibit Employees from Misusing Data They Are Authorized to Access
This guest post was authored by Alison L. Carrinski
Last year we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals held that an employee may be criminally liable when he or she misuses employer data in violation of the employer’s computer use policy. Reversing course, the…
Ninth Circuit Agrees To Rehear Computer Data Fraud Case
This blog post was authored by Alison Carrinski
In May we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals examined whether an employee violates the federal Computer Fraud and Abuse Act (CFAA) when misappropriating data from an employer’s computer system in violation of the employer’s…
Computer Use Policies More Important Than Ever: Employee Liability Under The Computer Fraud And Abuse Act
This guest post was authored by Alison Carrinski
The U.S. Ninth Circuit Court of Appeals recently held in U.S. v. Nosal that an employer may sue for damages under the federal Computer Fraud and Abuse Act (CFAA) when an employee’s computer or data use exceeds authorization provided by the employer.
Section 1030(a)(4) of the CFAA…