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Unauthorized access to electronic information can give rise to liability under The Computer Fraud and Abuse Act (the “CFAA”). In addition to state law causes of action that may be asserted, such as trade secret misappropriation, the CFAA provides a private right of action against unauthorized users who access a computer “without authorization” or who “exceed authorized access.” The CFAA is often the federal question that creates a basis for federal court jurisdiction over a…
On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and misleading health claims related to its pomegranate juice.  Judge Pregerson’s decertification order is significant because it makes class certification more difficult for plaintiffs, requiring that: 1) Plaintiffs comport with the rigorous analysis of class-wide damages set forth in the recent U.S.…