Question:
Scott Bauknecht previously worked for Pontiac National Bank ("PNB"). In 2002, Bauknecht signed a confidentiality agreement with PNB where he agreed "not to disclose confidential customer information for a period of two years." PNB eventually changed its name to Freestar, and merged with First Financial Bank in 2011. In 2011, Bauknecht became a loan officer, as well as president of the bank. When PNB became Freestar, the bank had a policy forbidding release of confidential information any time during or after employment, as well as measures to require encryption of electronic devices. In December of 2011, Bauknecht allegedly communicated with a competitor of Freestar, Ronald Minnaert, who was the president of Graymont Bank. Bauknecht spoke to Minnaert about the possibility of working for Graymont. Bauknecht then quit Freestar Bank and began working for Graymont Bank. Bauknecht continued to retain his previous customers after transitioning to employment at Graymont. Freestar Bank brought suit against Bauknecht, including breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. The plaintiff also alleges that Bauknecht obtained customer information from a "Master Database." It was undisputed that both Bauknecht and Graymont Bank possessed a number of plaintiff's financial documents, including loan agreements. The plaintiff additionally sought summary judgment on a claim under the Computer Fraud and Abuse Act (CFAA) due to the defendant's accessing information from the "Master Database." How do you think the court ruled? What evidence would the plaintiff need to provide to satisfy a CFAA claim? First Fin. Bank, N.A. v. Bauknecht, 2014 U.S. Dist. LEXIS 151244 (C.D. Ill. 2014).