SHERMAN & COMPANY, Plaintiff/Counter-Defendant, vs. SALTON MAXIM HOUSEWARES, INC., Defendant/Counter-Plaintiff., 94 F. Supp. 2d 817

Summary

After termination of a sales representative contract, defendant moved to amend its counterclaim, asserting plaintiff, without authorization, accessed sales data using a computer, in violation of the Electronic Communications Privacy Act, 18 U.S.C.S. § 2701 et seq., and misappropriation of trade secrets in violation of Mich. Comp. Laws § 445.1902(b)(ii)(A). The court found plaintiff's access to the network system was not restricted. Because 18 U.S.C.S. § 2701 prohibited only unauthorized access and not misappropriation or disclosure, there was no violation of § 2701. Unlike 18 U.S.C.S. § 2701(a), § 445.1902(b)(ii)(A) did prohibit the use of improperly acquired trade secrets, if the data amounted to "trade secrets," and plaintiff had neither express or implied consent to disclose or use the data. Such issues were dependent upon the content of the retrieved data and the context of its availability elsewhere. The motion was granted only to allow the state law claim.