Former Employer Fails to State Claim Under Computer Fraud and Abuse Act
The District Court of Minnesota granted a motion to dismiss for failure to state a claim under the Computer Fraud and Abuse Act (CFAA) in Cenveo Corp. v. CelumSolutions Software GMBH & Co., 2007 WL 951550 (D. Minn. 3/27/07).
Wilker was an employee at Cenveo for 10 years, then left to join CelumSolutions (CS). Cenveo filed suit claiming that Wilker gave CS access to Cenveo's computer systems in violation of the CFAA. The complaint included 10 other counts, including trade secret misappropriation.
The court granted the motion to dismiss on the CFAA claim because Cenveo only pled that Wilker wrongfully and intentionally accessed its computer system. However, Cenveo failed to plead damages as required by the CFAA, and the CFAA claim was dismissed with prejudice.
