MSCI Inc. v Jacob

MSCI Inc. v Jacob 2012 NY Slip Op 05107 Decided on June 26, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2012
Gonzalez, P.J., Tom, Andrias, Acosta, Freedman, JJ.
8024 651451/11

[*1]MSCI Inc., et al., Plaintiffs-Appellants,

v

Philip Jacob, Defendant-Respondent, Axioma Inc., et al., Defendants.




Pryor Cashman LLP, New York (Lisa M. Buckley of counsel),
for appellants.
Friedman Kaplan Seiler & Adelman LLP, New York (Lance J.
Gotko of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 14, 2011, which granted defendant Philip Jacob's motion to dismiss plaintiffs' seventh cause of action alleging that he violated the Computer Fraud and Abuse Act (18 USC § 1030) (CFAA), unanimously affirmed, With costs.

The court properly determined that plaintiffs failed to state a cause of action under the CFAA. Even assuming the truth of the allegations in the complaint (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the CFAA does not encompass Jacob's misappropriation of information that he lawfully accessed while working for plaintiffs or misuse of work computers in
violation of their computer policies (see United States v Nosal, 676 F3d 854 [9th Cir 2012]; see also University Sports Publs. Co. v Playmakers Media Co., 725 F Supp 2d 378, 385 [SD NY 2010]).

We have considered plaintiffs' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 26, 2012

DEPUTY CLERK