Case: 4:20-cv-01228 Doc. #: 1 Filed: 09/10/20 Page: 1 of 22 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MISSOURI
`EASTERN DIVISION
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`SECURE DATA TECHNOLOGIES, INC.
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`Plaintiff
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`JAMIE STEPHANIE GUILFORD
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`GUILFORD TECHNOLOGIES, LLC
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`Defendants
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`COMPLAINT
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`The Parties
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`CASE NO. 4:20-1228
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`JURY DEMAND
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`1.
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`Plaintiff Secure Data Technologies, Inc. (referred to herein as “Secure Data” and
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`“Plaintiff”) is an Illinois Corporation and citizen with its primary place of business located at
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`1392 Frontage Road, O’Fallon, St. Clair County, Illinois.
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`2.
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`Defendant Jamie Stephanie Guilford (referred to herein as “Guilford”) is a
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`resident and citizen of Missouri, 856 Autumn Grove Dr., O’Fallon, Missouri 63365.
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`3.
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`Defendant Guilford Technologies, LLC (“hereto refereed as Guilford
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`Technologies”) is a Missouri Limited Liability Corporation, a citizen of the State of Missouri,
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`formed in May, 2020, with its primary place of business located at 856 Autumn Grove Dr.,
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`O’Fallon, Missouri 63365. Defendant Jamie Guilford is its CEO and registered agent.
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`Nature of the Action
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`4.
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`This civil action is for Breach of Contract (Count I), Tortious Interference
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`with Plaintiff's Contracts and/or Business Expectancies (Count II), Unjust Enrichment
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`(Count III), Misappropriation of Trade Secrets in Violation of the Illinois Uniform Trade
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`Secrets Act, (“ITSA”) (765 ILCS 1065/1 et seq)). (Count IV), Violations of Stored Wire and
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`Electronic Communications Act ("SECA"), 18 U.S.C. § 2701, et seq. (Count V), Violations
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`of Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, et seq. (Count VI),
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`Violation of the Missouri Statute Against Tampering with Computer Data and
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`Equipment, R.S. Mo. § 537.525, and the Missouri Statute Against Tampering with
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`Computer Equipment, R.S. Mo. § 569.097 (Count VII).
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`Jurisdiction and Venue
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`5.
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`This Court has original diversity jurisdiction of the instant matter pursuant to 28
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`U.S.C.§1332 for it is a civil action where the matter in controversy exceeds the sum or value of
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`$75,000, exclusive of interest and costs, and is between citizens of different States. Plaintiff
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`Secure Data is a citizen of Illinois. Defendants Guilford and Guilford Technologies are Missouri
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`citizens. Additionally, This Court also has federal question jurisdiction over Counts VI and VII
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`of this Complaint, which are claims under the Stored Wire and Electronic Communications Act
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`(“SECA”), 18 U.S.C. § 2701 et seq. and the Computer Fraud & Abuse Act (“CFAA), 18 U.S.C.§ 1030
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`ei seq, respectively. This Court has supplemental jurisdiction over the remaining Counts.
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`6.
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`Venue is appropriate in this Court inasmuch as the Plaintiff and Defendant
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`Guilford resides or otherwise can be found within the District, the subject matter leading to the
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`formation of his consulting business, a Missouri Limited Liability Company, was engaged in by
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`Defendant Guilford within this District, the tampering with a computer occurred within this
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`district, and the causes of action against Defendant Guilford arise from multiple acts committed
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`by Guilford in Missouri. This Court has personal jurisdiction over the Defendant who is a citizen
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`of Missouri, residing in the Judicial District of the Eastern District of Missouri.
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`Facts Common to all Counts
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`7.
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`Plaintiff Secure Data is an infrastructure technology company, which provides
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`clients with hardware, software, managed services and professional services in four areas:
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`Collaboration, Data Center, Network and Security.
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`8.
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`Defendant Jamie Stephanie Guilford (referred to herein as “Guilford”) was a
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`salaried Senior Consulting System Engineer. Part of Guilford’s job was to interface with secure
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`data’s client base, to work with wireless, security and Data center design, set up and integration.
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`9.
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`Defendant Guilford Technologies is a direct competitor of Secure Data, formed
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`and maintained by Guilford to provide consultative, infrastructure technology services.
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`10.
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`Defendant Guilford work for Secure Data from the period of approximately July
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`9, 2018 to February 23, 2020 (beginning under her previous name Stephen Guilford), and now is
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`employed by Guilford Technologies.
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`Guilford Illegally Hacked into Company Email
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`11.
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`During the period of Guilford’s employment with secure Data for which she was
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`receiving salary, there were concerns raised within the company that Guilford improperly and
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`without authorization hacked into the email accounts of Secure Data management.
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`12.
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`Secure Data confirmed that prior to her termination, Guilford improperly and
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`illegally hacked into Secure Data’s communications system to review sensitive email
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`exchanged among Secure Data’s management team.
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`13.
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`On the evening of February 23, 2020, Jeff Young of Secure Data was alerted to a
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`possible security breach of Secure Data’s email system. Upon reviewing audit logs, Young
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`noticed that Guilford had provided herself unapproved access to the mailboxes of CEO Dana
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`Steffey, CFO Derek Herbison and employee Simonne Meszaros
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`14.
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`After additional review, Young confirmed that Guilford also accessed Young’s
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`own email mailbox without approval on February 21, 2020 and multiple other times the week of
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`February 17, 2020.
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`15.
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`On the evening of February 23, 2020, Young of Secure Data was alerted to a
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`possible security breach of Secure Data’s email system. Upon reviewing audit logs, Young
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`noticed that Guilford had provided herself unapproved access to the mailboxes of CEO Dana
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`Steffey, CFO Derek Herbison and employee Simonne Meszaros
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`16.
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`After additional review, Young confirmed that Guilford also accessed Young’s
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`own email mailbox without approval on February 21, 2020 and multiple other times the week of
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`February 17, 2020.
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`17.
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`Attached hereto as Exhibit 2 and incorporated herein is an admission by Guilford
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`that she illegally hacked into Secure Data’s confidential emails.
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`18.
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`Guilford was terminated from Secure Data as a result of her improper conduct.
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`The Non-Compete Agreement
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`19.
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`Attached hereto as Exhibit 1 is an Employee Non-Compete Agreement entered
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`into by Guilford with Secure Data on June 22, 2018.
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`20.
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`Section 2 of said Non-Compete Agreement has the following terms in place
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`concerning “Confidential Information”:
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`21.
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`On March 2, 2020, Secure Data sent a letter via Certified Mail to Guilford, with a
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`copy of the Non-Compete Agreement attached. The letter stated in part:
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`Per paragraph 4, you are required to provide a copy of the Agreement to any
`prospective employer so that any such employer would not inadvertently cause the
`violation of the Agreement. I have provided a copy of the Agreement, so that you will
`be able to provide it to any current or prospective employer.
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`As you can see, Paragraph 1 of the Agreement provides that for a period of one year
`following your departure from Secure Data, you will (a) not solicit or accept business
`from any entity that is a past, current or prospective customer of Secure Data; and (b)
`will not solicit or induce any person to leave the employ of Secure Data. Further,
`paragraph 2 provides that you will not divulge or use Secure Data’s confidential
`information.
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`Your departure date from Secure Data was February 23, 2020. In your time at Secure
`Data, you acted as an engineer and has had contact with all of Secure Data’s clients and
`had access to Secure Data’s customer lists. Per the Agreement, you are to turn over all
`documents related to his work with Secure Data, including all customer information.
`Please ensure that you have done so, and that you will not use your knowledge of
`Secure Data Customers derived from Secure Data’s proprietary information while you
`are either under the employ of any third party or acting as an independent contractor.
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`Guilford’s Access to Confidential Information
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`22.
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`During her remaining days with Secure Data time period, Guilford had the
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`advantage of reviewing, choosing and storing relevant information to take from Secure Data to
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`use after she departed from Secure Data’s employ for the benefit of starting a competitive
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`business.
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`23.
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`On information and belief, towards the end of her employment, Guilford gained
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`access to the proprietary and confidential internet cloud based information, including Secure
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`Data’s information.
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`24.
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`Said confidential and proprietary information was kept by Guilford for Guilford
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`to use to subsequently offer competing services to Secure Data’s customers.
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`Guilford’s Offer of Services to Secure Data’s Customer Tacony
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`25.
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`One of the customers to which Guilford is offering competing services is Tacony
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`Corporation (“Tacony”).
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`26.
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`Tacony was a major client of Secure Data, for multiple years, starting in 2013. In
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`2019, alone, Secure Data received $ 378,557 in revenue.
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`27.
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`Guilford was aware of the secure Data/Tacony relationship, and worked with
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`Secure Data on Tacony projects.
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`28.
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`Guilford maintained and used the Confidential Information related to the Tacony
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`projects after parting from Secure Data, in order to have his newly formed company, Guilford
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`Tachnologies contract with Tacony and offer a competing set of services, based on the original
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`services provided by secure Data.
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`29.
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`During Secure Data’s daily review of their client Tacony’s Veeam infrastructure,
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`which is covered under their managed services, Secure Data became aware that some
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`information regarding Jamie Guilford, was added after Guilford’s departure from Secure Data.
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`30. When Secure Data attempted to connect to their Veeam server via remote desktop
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`it was observed that a user (main\jguilford) was connected to the machine (jguilford-rdp.jpg).
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`31.
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`Upon Secure Data’s review of the Tacony status of backups it was noticed that
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`new job was created by “main\jguilford” on August 24, 2020 (jguilford-backupjob.png).
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`32.
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`Upon noticing this job creation Secure Data recalled a ticket (#51168 bundled
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`with ticket #51018) being created in its system on August 26, 2020 for failed jobs. On this ticket
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`Secure Data notified Tacony that Secure Data was looking into this. Tacony’s representative
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`responded that the alert issued by Secure Data requested should be disregarded, and that Tacony
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`would work out the issue without Secure Data’s involvement.
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`33.
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`Around the same period of time that the “main\jguilford” data was observed
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`within the Tacony system, Secure Data became aware of a change in the relationship between
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`secure Data and Tacony, which included a loss of expected revenue from the relationship.
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`COUNT I- Breach of Contract- Guilford
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`34.
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`Plaintiff incorporates by reference Paragraphs 1 through 33 into this Count I of
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`Plaintiff’s Complaint.
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`35.
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`Guilford’s Non-Compete Agreement (Exhibit 1) is a valid and enforceable
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`contract.
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`36.
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`The confidentiality covenants and other provisions contained in the Non-Compete
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`Agreement are reasonably necessary to protect legitimate protectable interests in trade secrets,
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`confidential information, customer relationships, work force and goodwill.
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`37.
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`Secure Data has fully performed all of its obligations under the Non-Compete
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`Agreement.
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`38.
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`Guilford breached and threatens to continue to breach the Non-Compete
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`Agreement in at least one of the following ways by: A. Using an appropriating Secure Data’s
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`proprietary and secret data concerning its client Tacony, and other clients; B. by forming a
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`competitor company to use said Confidential information; C. by soliciting clients of Secure Data
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`(including Tacony); D. By entering into service agreements, and being employed by a company
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`that enters into service agreements, with Secure Data’s clients (including Tacony) to provide
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`services related to Secure Data’s proprietary information and services; E. By using Secure
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`Data’s proprietary Information in competition against Secure Data concerning the service of on-
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`going clients of Secure Data; F. by sharing Secure Data’s proprietary information with a
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`competitor, Guilford Technologies, for it to compete directly against Secure Data.
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`39.
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`As a result of anyone of these breaches of the Non-Compete Agreement, Secure
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`Data has been injured and faces additional injury.
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`40.
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`Secure Data lost and is threatened with losing customers, technology, its
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`competitive advantage, its trade secrets and goodwill.
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`WHEREFORE, Plaintiff requests that this court issue an order in its favor and against
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`Defendant Guilford as to Guilford’s’ breach of contract, to award damages concerning said
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`breach, costs, attorneys’ fees and all other relief the Court finds appropriate.
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`Additionally, Plaintiff requests that (a) Defendants be temporarily, preliminarily, and
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`permanently enjoined and restrained as follows: (1) That Defendants will keep at all times
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`confidential and shall not divulge, reveal or disclose any of Secure Data’s trade secrets,
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`confidential or proprietary information including, but not limited to, discoveries, patentable and
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`non- patentable ideas, concepts, software in various stages of development, design, drawings,
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`formulae, specifications, techniques, technology, processes, procedures, “know how”, marketing
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`techniques and materials, marketing and development plans, customer names and other
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`information related to customers, price lists, pricing policies and financial information, as well
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`as any information described above which Secure Data treats as proprietary or Confidential
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`Information. (2) That Defendants shall return to Secure Data all originals and all copies of
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`documents (electronic or otherwise) that are proprietary, confidential, and/or trade secret
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`information, including trade secrets documents concerning Secure Data’s clients, that Defendants
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`obtained, learned, created, or was made aware of during his employment with Secure Data.
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`(3)That Defendants are prohibited from using, relying upon, or disclosing to Guilford
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`Technologies or any affiliate or any other person or legal entity any Trade Secret Information or
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`confidential information of Secure Data acquired by Guilford in the course of or arising out of
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`their employment by Secure Data. (4) For an accounting of all monies and profits realized by
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`Guilford as a result of the conduct alleged herein and for other damages that may be determined
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`and fixed by this Court. (5) For an Order restraining Defendants from duplicating or copying any
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`of Secure Data’s electronic information. (6) For an Order requiring Defendants to immediately
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`return all Secure Data information currently in their possession, whether in electronic or hard
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`copy form.
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`(b)
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`For monetary damages in an amount equal to the loss sustained by Secure Data as
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`a result of Defendants’ misappropriation and wrongful use or disclosure of Secure Data’s trade
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`secrets, according to proof at trial, including lost profits to Secure Data;
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`(c)
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`Punitive damages and for attorney’s fees in an amount fair and reasonable under
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`the circumstances and to deter Defendants and others from any continuation, repetition, related
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`misconduct in violation of Secure Data’s rights and interests in Secure Data’s trade secrets or
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`other electronic information to the extent Defendants engaged in any fraudulent or intentional
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`misconduct; and
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`(d) For further relief the Court deems just and reasonable.
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`COUNT II- Tortious Interference with a Contract- Guilford and Guilford Technologies
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`41.
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`Plaintiff incorporates by reference Paragraphs 1 through 40 into this Count II of
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`Plaintiff’s Complaint.
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`42.
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`Guilford and Guilford Technologies breached and threatens to continue to breach
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`the contract in at least one of its client’s (Tacony’s) contracts and/or business expectancies.
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`43.
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`Guilford had knowledge of the agreement and services provided by Secure Data
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`to Tacony based on the Confidential Information he acquired while employed with Secure Data.
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`44.
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`Guilford and Guilford Technologies used the Confidential Information acquired
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`with Secure Data to contract with Tacony to offer competitive services, directly in contravention
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`with his Non-Compete Agreement.
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`45.
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`Guilford and Guilford Technologies intentionally and unjustifiably induced
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`breach of the agreement and business expectations that Secure Data shared with Tacony; and
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`Defendants used the Confidential Information received surreptitiously from Secure Data for
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`competitive purposes against Secure Data, in direct violation of the agreement.
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`46.
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`As a result of the tortious interference with Secure Data’s contract and business
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`expectancy with Tacony, Secure Data has been injured and faces additional injury.
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`47.
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`Secure Data lost and is additionally threatened with losing customer sales and
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`services, its competitive advantage, its trade secrets and goodwill, as result of Guilford and
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`Guilford Technologies’ conduct.
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`48.
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`Guilford’s conduct as to the misappropriation of Secure Data’s trade secrets in
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`relation to inducing a secretive business agreement with Tacony is contrary to the terms of the
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`agreement Guilford entered into with Secure Data. Said conduct has been willful and malicious,
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`as Guilford’s conduct occurred, intentionally surreptitiously, after Guilford was fully cognizant
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`that she was seeking business with Tacony based on ill-gotten competitive information.
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`Therefore, Plaintiffs are entitled to an award of punitive damages.
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`WHEREFORE, Plaintiff requests that this court issue an order in its favor and against
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`Defendants Guilford and Guilford Technologies as to inducing a breach of contract and/or
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`reduction in business expectancies, to award actual and punitive damages in excess of $ 75,000
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`concerning said breach, costs, attorneys’ fees and all other relief the Court finds appropriate.
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`COUNT III -Unjust Enrichment
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`49.
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`Plaintiff incorporates by reference Paragraphs 1 through 48 into this Count III of
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`Plaintiff’s Complaint.
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`50.
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`Defendants will be unjustly enriched by the misappropriation of Secure Data’s
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`trade secrets and confidential information, and, unless restrained, will continue to threaten to use,
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`actually use, divulge, and threaten to disclose, acquire and/or otherwise misappropriate Secure
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`Data's trade secrets and confidential information.
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`51.
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`Defendant's misappropriation has been willful and malicious in light of Guilford’s
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`execution of a contract prohibiting his current conduct and his deliberate violation of the
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`contractual obligations, and secretive application and acceptance of a job offer to work for a
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`competitor, and selection, download and use of Secure Data’s Confidential Information.
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`Plaintiffs are entitled to an award of punitive damages.
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`WHEREFORE, Plaintiff requests that this court issue an order in its favor and against
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`Defendants Guilford and Guilford Technologies, to award actual and punitive damages in excess
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`of $ 75,000 concerning said breach, costs, attorneys’ fees and all other relief the Court finds
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`appropriate.
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`COUNT IV- Violation of the Illinois Trade Secrets Act
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`- Guilford & Guilford Technologies
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`52.
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`Plaintiff incorporates by reference Paragraphs 1 through 51 into this Count I of
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`Plaintiff’s Complaint.
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`53.
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`Under Illinois law, an employer's trade secrets are a protectable interest.
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`54.
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`Defendants misappropriated Secure Data’s trade secrets in violation of the Illinois
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`Trade Secrets Act (“ITSA”) (765 ILCS 1065/1 et seq)).
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`55.
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` The ITSA, in relevant part, provides: `Trade secret' means information, including
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`but not limited to, technical or non-technical data, a formula, pattern, compilation, program,
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`device, method, technique, drawing, process, financial data, or list of actual or potential
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`customers or suppliers that: (1) is sufficiently secret to derive economic value, actual or
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`potential, from not being generally known to other persons who can obtain economic value from
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`its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances
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`to maintain its secrecy or confidentiality." 765 ILCS 1065/2(d) (West 2002).
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`56.
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`Secure Data has expended considerable time, resources and expense to develop
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`and market its products, to develop substantial relationships and goodwill with its customers,
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`suppliers, prospective customers, and brokers, and to develop its goodwill and name.
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`57.
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`Secure Data considers certain confidential customer, production and business
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`information to be trade secrets (hereinafter “Trade Secret Information”), This Trade Secret
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`Information includes but is not limited to certain reports (which contain specific information
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`regarding customers), customer lists, prospect lists, pricing information, customer preferences,
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`costs and processes, proprietary vendors, profit margins, proprietary processes, and formulae.
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`58.
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`The Trade Secret Information is not generally known to the public nor readily
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`ascertainable by proper means.
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`59.
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`The Trade Secret Information, including the confidential customer information
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`contained in the reports was developed at considerable cost and expense over a period of years. It
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`would require, at a minimum, a number of years, and considerable time and expense, to recreate
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`even a portion of this Trade Secret Information through lawful means. The possession and/or use
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`of such information would give Secure Data’s competitors an unfair economic advantage in
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`developing, marketing and selling their products.
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`60.
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`Secure Data used, and continues to use, reasonable and diligent efforts to maintain
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`the secrecy and protect its Trade Secret Information. These efforts include but are not limited to
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`prohibiting access to the information by the general public, adopting employment policies,
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`including confidentiality, return of property, and electronic media policies, to protect the
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`confidentiality of the Trade Secret Information. In addition, Secure Data maintains extensive
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`security at its facility. Among the steps taken by Secure Data to protect its proprietary customer
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`information was to enter into agreements with all of its sales force to keep such information
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`confidential; to store the information on a limited access computer system, and only allow those
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`who have acknowledged the secret and proprietary nature of the information to use it, and to
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`intentionally not publish the information to the public.
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`61.
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`The Trade Secret Information derives independent economic value from not being
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`generally known to, and not being readily ascertainable by proper means, by other persons who
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`can obtain economic value from its disclosure or use. By reason of the above, the Trade Secret
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`Information and/or portions thereof, constitute trade secrets within the meaning of the Illinois
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`Uniform Trade Secrets Act.
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`62.
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`Guilford’s Non-Compete Agreement specifically provides “From and after the
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`date of this agreement (without limitation as to time), Employee shall treat as the Company’s
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`Confidential Information (‘Confidential Information) all data, customer lists, information…and
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`papers which the company has not made public under the direction of the company’s
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`management.
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`63.
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`Among the Trade Secrets/ Confidential Information taken by Guilford to her new
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`employer, Guilford Technologies, are, inter alia, materials specifically deemed confidential
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`under the Non-Compete Agreement, including the identity of its customers (Tacony and others),
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`the Company’s estimates and costing procedures and the cost and gross prices charged by Secure
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`Data for its services, and sales and promotional policies.
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`64.
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`In the instant case, Guilford secretly retrieved and took trade secrets maintained
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`by Secure Data before departing its employment. Prior to her departure, Guilford retrieved from
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`Secure Data’s proprietary software system information concerning its customers (Tacony and
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`others).
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`65.
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`Secure Data has an ascertainable right to the information taken—specifically that
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`the customer lists, bids, service history (to Tacony and others) and sales quotations that
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`Defendants misappropriated.
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`66.
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`The sales and other related data taken is sufficiently secret to derive economic
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`value, actual or potential, from not being generally known to other persons who can obtain
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`economic value from its disclosure or use.
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`67.
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`The sales and other related data taken is the subject of efforts that are reasonable
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`under the circumstances to maintain its secrecy or confidentiality.
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`68.
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`The sales and other related data taken could not be easily acquired or duplicated
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`by others.
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`69.
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`On information and belief, in her new employment with Guilford Technologies,
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`Guilford through the auspices of Guilford Technologies is calling on the clients and potential
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`clients of Secure Data, and using the competitive information taken.
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`70.
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`Defendants’ willful misappropriation of Secure Data’s trade secrets was
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`intentional and motivated by malice and in conscious disregard of Secure Data’s rights.
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`71.
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`Under the ITSA, the statute specifies, "[a]ctual or threatened misappropriation
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`may be enjoined." 765 ILCS 1065/3 (West 2002).
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`72.
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`Also, under Illinois law, courts may also grant injunctive relief to prevent the
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`inevitable use or disclosure of misappropriated trade secrets.
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`73.
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`Among other things, there is a real threat Guilford will use Secure Data’s
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`information, which includes customer information, including customer service information,
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`pricing and other customer information, to underbid Secure Data.
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`74.
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`Under the circumstances, there is a danger of irreparable harm and the absence of
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`an adequate remedy at law as to future use of Secure Data’s data by Guilford and Guilford
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`Technologies.
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`75.
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` In this case, plaintiff seeks a preliminary and permanent injunction to prevent
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`further or inevitable disclosure or use of the trade secrets Guilford misappropriated.
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`76.
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`The data acquired by Guilford will inevitably be used by Defendants to further
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`Guilford Technologies’ business interests, to the detriment of Secure Data.
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`77.
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`Under the circumstances described herein, there is irreparable harm and lack of an
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`adequate remedy concerning the threat of conversion of Secure Data business, including the
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`prospect that Defendants could strategically underbid Secure Data when competing for future
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`Case: 4:20-cv-01228 Doc. #: 1 Filed: 09/10/20 Page: 17 of 22 PageID #: 17
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`contracts. Secure Data is threatened with losing customers, technology, its competitive
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`advantage, its trade secrets and goodwill in amounts which may be impossible to determine,
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`unless Defendants are enjoined and restrained by order of this Court.
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`78.
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`The type of competitive losses alleged here often inflict irreparable injury and
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`lack an adequate remedy at law, due to the difficulty in calculating the loss of existing and future
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`business.
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`WHEREFORE, Plaintiff requests that this court enter a preliminary and permanent
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`injunction against Defendants prohibiting Defendants and their subsidiaries, officers, directors,
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`agents, servants, employees, licensees, successors, and assigns, and those in active concert, from
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`benefiting from the misappropriation of Plaintiffs’ trade secrets and against such continued
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`misappropriation of Plaintiffs’ trade secrets, and enter preliminary and permanent injunction to
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`prevent the Defendant from gaining competitive advantage through the unlawful
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`misappropriation. Further, Plaintiff requests that this Court enter judgment against Defendants
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`finding that they violated the Illinois Trade Secrets Act; order that Defendants be required to
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`give an accounting of all gains for profit, and advantage derived through the use of the Secure
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`Data’s trade secrets; that judgment be entered for Plaintiff and against Defendants for Plaintiff’s
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`actual damages in an amount in excess of $ 75,000, for gains, profits, or advantages attributed to
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`Defendants’ violation of the Illinois Trade Secrets Act, according to best available proof; award
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`increased and exemplary damages for Defendants’ willful misappropriation of Plaintiffs’ trade
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`secrets, which was intentional and motivated by malice and in conscious disregard of Plaintiffs’
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`rights; and for all other relief just and available under the circumstances.
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`COUNT V -VIOLATIONS OF STORED WIRE AND ELECTRONIC
`COMMUNICATIONS ACT (“SECA”1, 18 U.S.C. § 2701 et. seq.).
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`Secure Data incorporates by reference as if fully restated herein its allegations
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`79.
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`contained in Paragraphs 1-78 above.
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`80.
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`18 U.S.C. § 2701(a) of SECA provides that: “whoever (1) intentionally
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`accesses without authorization a facility through which an electronic communication service
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`is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby
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`obtains, alters, or prevents authorized access to a wire or electronic communication while it is
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`in electronic storage in such system shall be punished as provided in subsection (b) of this
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`section.”
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`81.
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`18 U.S.C. § 2707 provides a civil cause for any violation of SECA. See 18
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`U.S.C. § 2707(a) ("any provider of electronic communication service, subscriber, or other
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`person aggrieved by any violation of this chapter [18 U.S.C. §§ 2701 et seq.] in which the
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`conduct constituting the violation is engaged in with a knowing or intentional state of mind
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`may, in a civil action, recover from the person or entity, ... which engaged in that violation
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`such relief as may be appropriate").
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`82.
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`Guilford intentionally accessed without authorization or otherwise exceeded her
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`authorization to access a facility through which an electronic communication service is provided
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`and thereby gained unauthorized access to Secure Data’s protected Trade Secret Information.
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`83.
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`Guilford’s actions allowed her to obtain authorized access to electronic
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`communications (specifically Secure Data’s Trade Secret Information) while the Information
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`was in electronic storage.
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`84.
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`Guilford’s actions were in violation of SECA, 18 U.S.C. § 2701(a).
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`85. WHEREFORE, Plaintiff, Secure Data prays for judgment in its favor and against
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`Defendant Guilford as Count V of Plaintiff s Complaint as follows: (a) Enter a temporary,
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`preliminary, and permanent injunction requiring Defendants to return all and not retain any
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`copies of information they unlawfully obtained from Secure Data; (b) Award damages in an
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`amount to be determined at trial; (c) Award attorneys’ fees and costs incurred by Secure Data in
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`pursuit of this litigation; and (d) For further relief the Court d