The Second Circuit had certified the question
of whether New York law extended the tort of conversion to electronic data. The New York State Court of Appeals accepted the question and answered that conversion under New York law did extend to electronic data
. In light of this decision, the Second Circuit, in Thyroff v. Nationwide Mutual Insurance Co.
, has vacated the District Court's dismissal of the plaintiff's conversion claim and remanded the case to that court for further proceedings