PROBLEM CASE 13: CHAPTER 5, PROBLEM CASE 11 CHAPTER 6
Julius R. Reed
Grand Canyon University: Business 240: Ethical and Legal Issues in Business
May 13, 2014

Chapter 5 – Problems and Problem Cases: Problem 13 Garelli Wong & Associates, Inc (GW) filed suit against Williams Nichols who was a former employer of their firm. GW claims that Nichols used confidential information that was in a database that the firm maintained. GW contended that Nichols was in breach of contract and referenced the Consumer Fraud and Abuse Act (CFAA). Based on their claims, the court will rule in favor of Nichols and dismiss the plaintiff’s case. The plaintiff failed to state a claim upon which relief could be granted. Specifically, Nichols did not meet any of the requirements outlined in the CFAA. Nichols did not transmit information or cause damage without authorization to a protected computer. Nichols was a former employee of CW: therefore he had authorization to the computer with the database. Nichols did not intentionally access the computer without authorization, or cause any type of loss to CW. Nichols was right to request dismissal of the plaintiff’s claim. Based on their claim, no relief would be granted. Nichols did not impair the integrity or availability of the information in the database. Any firm will risk the chance of a former employee leaking information to a new employee. CW should have been more specific in their contract for employee’s who had access to confidential information Chapter 6 – Problems and Problem Cases: Problem 11 The lower courts were correct in ruling in favor of Comedy III. The California statue specifically states, “Any person who uses a deceased personality’s name, voice, signature, photograph, and likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or