Arizona Federal Court Issues Significant Computer Fraud and Abuse Act and Trade Secret Preemption Decision

According to a recent Arizona federal court decision, (a) an employee who had the right to access his employer’s confidential emails did not violate the federal Computer Fraud and Access Act (CFAA), 18 U.S.C. § 1030, by downloading 300 such documents to his personal computer and sharing them with a recently terminated employee; (b) an employer may pursue either a misappropriation claim under the Arizona Uniform Trade Secrets Act (AUTSA), or statutorily pre-empted causes of action based on the same facts; and (c) a rule to show cause is appropriate where the defendants violated a 48-hour deadline to return the employer’s confidential documents. Food Services of Amer. Inc. v. Carrington, No. CV-12-00175-PHX-GMS (D. Ariz., Nov. 8, 2012).

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