Article Archives >> Lead Stories >> November 1-30, 2009
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Court Allows Foundation
To Pursue Computer Claim
Computer Fraud and Abuse Act creates private right
to damages and injunctive relief for harm to protected computers
A federal District Court in New York City has allowed the Dedalus Foundation, formerly the [Robert] Motherwell Foundation, to pursue a Computer Fraud and Abuse Act case against a former curator of his art who allegedly wiped two Foundation computers clean after a dispute arose about her rights to several paintings. The Court declined to exercise supplemental jurisdiction to handle state law claims of breach of fiduciary duty, conversion and other claims for misuse of property. (Dedalus Foundation v. Banach, S.D. NY, No. 09 Civ. 2842, 10/16/09.)
Joan Banach because a curator of the Foundation that Motherwell had created in 1981 to manage his art for public exhibitions and educational activities. She became a member of the Board after his death in 1991. She often worked from home on two computers owned and provided by the Foundation.
Article Archives >> Lead Stories >> November 1-30, 2009
