LVRC Holdings LLC v. Brekka, No. 07-17116

In an action claiming that defendant violated the Computer Fraud and Abuse Act (CFAA) by accessing plaintiff's computer without authorization, both while defendant was employed by plaintiff and after he left the company, summary judgment for defendant is affirmed where: 1) defendant was authorized to use plaintiff's computers while he was employed by plaintiff, and thus he did not access a computer "without authorization" in violation of the applicable statutes when he emailed documents to himself and to his wife prior to leaving employment; and 2) plaintiff failed to establish the existence of a genuine issue of material fact as to whether defendant accessed plaintiff's website without authorization after he left the company.

Read LVRC Holdings LLC v. Brekka, No. 07-17116

Appellate Information

Argued and Submitted March 13, 2009

Filed September 15, 2009

Judges

Opinion by Judge Ikuta

Counsel

For Appellant:

Thomas G. Grace, Las Vegas, NV

For Respondent:

Norman H. Kirshman, Las Vegas, NV