Echoing a new theme in the federal district court in Massachusetts, last month Chief Magistrate Judge Leo T. Sorokin refused to dismiss a Computer Fraud and Abuse Act (“CFAA”) claim brought against the former CEO of a company, but did so without prejudice, meaning that the defendants could ask the Court to dismiss the claim again later in the case. Under the CFAA, “[a] defendant is liable where he or she ‘knowingly and with intent to defraud,… More
Monthly Archives: December 2013
More on the Noncompete Debate
An Op-Ed in last Sunday’s Boston Globe joins the chorus of advocates for noncompete reform in Massachusetts. The author, Jeremy Hitchock, CEO of New Hampshire-based Dyn, prefers California’s “prohibition” approach (in which employee noncompetes generally aren’t enforceable) , arguing that California’s model “has created a unique employment ecosystem that thrives on employee movement.” Conceding that this model “reduces the protection of an individual company’s business know-how,” Hitchcock asserts that “major trade secrets”… More