Computer Fraud and Abuse Act

* Our thoughts and prayers go out to the families, friends, and colleagues of the victims of the deadliest church shooting in modern U.S. history, which took place yesterday in Sutherland Springs, Texas. This is the second mass shooting in a little more than one month. [ABC News]

* The Russian election collusion investigation is just getting started, but lawmakers have introduced a nonbinding resolution demanding that special counsel Robert Mueller resign due to his “obvious conflicts of interest.” [POLITICO]

* “Jeff, you need to tell us everything you know about Russia.” Senator Lindsey Graham wants AG Jeff Sessions to testify again before the Senate Judiciary Committee about whether there were any arranged meetings between President Trump’s campaign and Russia. [UPI]

* According to the Bureau of Labor Statistics, the legal profession lost 1,100 jobs in October, which is depressing news for jobless law school graduates who just found out positive bar exam news. [American Lawyer]

* LSAT or GRE? Thanks to a vote by the ABA’s Section of Legal Education and Admissions to the Bar, it might not matter. If this proposal passes, soon law schools won’t even have to test potential applicants seeking admission. [Law.com]

* Advice for the internet hero who shut down President Trump’s Twitter account on his last day of work: “Don’t say anything and get a lawyer.” Why? He likely violated the Computer Fraud and Abuse Act. [The Hill]

* Todd Macaluso, one of Casey Anthony’s former attorneys, has been found guilty in an international cocaine distribution conspiracy involving a plane load of drugs worth about $13 million. He plans to appeal his conviction. [New York Daily News]

Companies have plenty of remedies available against defecting employees who inappropriately use corporate information.

Sure. Yeah. Why not?

* “NEW CIVILITY WATCH: Dem Senate candidate and former Ohio Gov. Ted Strickland: Scalia’s death ‘happened at a good time.'” [Instapundit]

* A Skull and Bones society for top NYC law firms? Professor Rick Swedloff discusses a secretive group whose membership includes some of Biglaw’s biggest names. [SSRN]

* A notable new petition (filed by Professor Orin Kerr and Marcia Hofmann) in a high-profile appeal about the Computer Fraud and Abuse Act. [Volokh Conspiracy]

* Donald Trump’s infamous “Second Amendment” quip is protected by the First Amendment — but just barely, according to Professor Noah Feldman. [Bloomberg View via How Appealing]

* Jury consultant Roy Futterman of DOAR wonders: is concern about prejudicing jurors actually driving them to using the internet for decision-making? [Big Law Business]

* Could the ABA someday lose its power to accredit law schools? Steven J. Harper thinks its day of reckoning is coming closer. [The Belly of the Beast]

Significant Case Developments P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.). As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”

But which law? Here's a hint: it's the same one public document hacker Aaron Swartz allegedly violated.