WEC Carolina Energy Solutions v. Miller, No. 11-1201 (4th Cir. 2012)
Annotate this CaseIn April 2010, Mike Miller resigned from his position as Project Director for WEC Carolina Energy Solutions, Inc. (WEC). Twenty days later, he made a presentation to a potential WEC customer on behalf of WEC's competitor, Arc Energy Services, Inc. (Arc). The customer ultimately chose to do business with Arc. WEC contended that before resigning, Miller, acting at Arc's direction, downloaded WEC's proprietary information and used it in making the presentation. Thus, it sued Miller, his assistant Emily Kelley, and Arc for, among other things, violating the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. 1030). The district court dismissed WEC's CFAA claim, holding that the CFAA provided no relief for Appellees' alleged conduct. Upon review of the trial court record, the Fourth Circuit agreed with the court's opinion and therefore affirmed.
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