N.Y. Court Rules in Electronic Records Conversion Case

NEW YORK — The state Supreme Court last week, rejecting a company’s contention that it owned all information used on a former worker’s computer, has allowed a suit to go forward claiming that the documents were wrongfully retained.

The case, a landmark ruling in New York, establishes that common law recognizes a cause of action for conversion of electronic records, not just tangible documents. Conversion is the wrongful exclusionary retention of another’s property.

In its opinion, the court reasoned that other courts have grappled with the need to modernize the law of conversion in order to afford plaintiffs a just civil remedy in response to outright theft.

N.Y. Supreme Court Judge Herman Cahn cited the 9th U.S. Circuit Court of Appeals case that involved Sex.com operator Gary Kremen in his opinion in the New York case.

In Kremen vs. Cohen, 337 F3d 1024 (9th Circuit 2003), Steve Cohen was accused of stealing Kremen’s domain name by falsely informing the domain name registrar that Kremen abandoned the name, and then taking it for himself. The court reversed a U.S. District Court dismissal of plaintiff’s conversion claim on intangibility grounds.

That court later concluded that “Kremen’s domain name falls easily within this class of property…. That it is stored in electronic form rather than on ink and paper is immaterial.”

In the New York case decided last week, the court said the electronic documents do not become an “extinct vestige of the past” merely because of the intangible medium upon which the valuable information is recorded.

The case involved a real estate broker, who worked for the firm as an independent contractor and used the firm-provided computer to manage her personal database. The electronic documents in dispute consisted of detailed records of deals over the past 14 years, including hundreds of deals prior to and independent of her association with the brokerage.

When the firm later terminated her, it kept a hard copy of her client contacts as well as locked her out from accessing her electronic records.

She later sued for conversion, misappropriation of proprietary information and interference with prospective business relations, among other charges.

In seeking to dismiss the complaint, the real estate firm argued that the electronic records could not support a claim of conversion because they did not amount to tangible property. Not so, the court concluded.

The court also rejected the firm’s argument that it owned the information as a consequence of owning the computers used by the broker and denied the firm’s motion for summary judgment seeking dismissal of the conversion claim.

The ruling is Shmueli vs. Corcoran Group, No. 104824/03.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More