E-Mail Theft Case Sparks First-of-a-Kind Ruling

In a case stemming from an employer's theft of e-mails from an employee, a panel of the 4th U.S. Circuit Court of Appeals recently became the first circuit to hold that plaintiffs must prove actual damages to be eligible for an award of statutory damages under the Stored Communications Act. But the unanimous panel, led by Chief Judge Karen Williams, also ruled that a showing of actual damages is not required for awards of punitive damages or attorney fees.. See Van Alstyne v. Electronic Scriptorium Ltd., No. 07-1892.