By Carlos Lopez, Caroline Keller and Chris Lowe The New Jersey General Assembly voted today on a new version of an employee social media privacy bill which incorporates revisions suggested by Governor Chris Christie when he conditionally vetoed the bill on May 6, 2013. The Assembly passed the revised version with an overwhelming vote of… Continue Reading
Category Archives: Social Media
Subscribe to Social Media RSS FeedNew Jersey Federal Court Issues Sanctions For Deletion of Facebook Profile
Posted in Practice & Procedure, Social MediaBy Jessica Mendelson and Grace Chuchla Litigants ought to think twice before deleting their Facebook profiles. Just this month, a New Jersey federal judge issued sanctions against a litigant in a personal injury case for deleting his Facebook profile after agreeing to grant defense counsel access to the profile. In Gatto v. United Air Lines, the… Continue Reading
Utah, New Mexico, and Arkansas Pass Social Media Legislation Restricting Employer Access to Personal Social Media Accounts
Posted in Legislation, Practice & Procedure, Social MediaBy Jessica Mendelson and Robert Milligan Social media legislation restricting access to personal social media accounts has been a hot topic in recent months, and as 2013 progresses, more and more states seem poised to pass such legislation. Here’s a roundup of some of the more recent social media legislation passed in Utah, New Mexico, and Arkansas:… Continue Reading
Federal Court Allows Service On Foreign Defendants Through Facebook
Posted in Legislation, Practice & Procedure, Social MediaDid you think Facebook was just for “likes” and “status” updates? Think again! A federal district court in New York recently tackled the issue of service of process via social media head on, permitting service via Facebook as a backup means of service for serving foreign defendants. In the case of Federal Trade Commission v. PCCare247, Inc.,… Continue Reading
Court Issues Decision in Eagle v. Morgan: Employee Owns LinkedIn Account But Fails To Recover Any Damages Against Former Employer
Posted in Social Media, Trade SecretsBy Jessica Mendelson and Robert Milligan The ownership of social media accounts in the employment context remains a very hot topic. We’ve previously blogged about the the case of Eagle v. Morgan, Case No. 11-4303, E.D.Pa.. The case went to trial in November 2012, and the court has recently issued its trial order, finding that… Continue Reading
New Jersey Poised To Adopt New Social Media Legislation
Posted in Legislation, Social MediaWith the passage of A2878 in the New Jersey General Assembly in March, New Jersey is poised to become the eighth state to “pass legislation preventing employers from asking prospective and current employers for passwords to their accounts on social media sites.” The proposed law, which is now being considered by Governor Chris Christie, would become… Continue Reading
Upcoming Webinar: Employee Privacy and Social Networking – Can Your Trade Secrets Survive?
Posted in Social Media, Trade SecretsIn Seyfarth’s third installment of its 2013 Trade Secrets Webinar series, on Tuesday, March 19, 2013, at 12:00 p.m. Central Standard Time, Seyfarth attorneys Gary Glaser, Scott Schaefers, and Jessica Mendelson will address the relationship between trade secrets and social media. The Seyfarth panel will specifically address the following topics: What’s are “Trade Secrets” and… Continue Reading
Federal Court Questions Whether Damages Exist in LinkedIn Account Ownership Dispute
Posted in Social Media, Trade SecretsBy Jessica Mendelson and Robert Milligan The ownership of social media accounts in the employment context remains a very hot topic. In fact, you might remember the case of Eagle v. Morgan, Case No. 11-4303, E.D.Pa., a heavily disputed case regarding the ownership of a company LinkedIn account, which we’ve blogged about previously. In a post-trial hearing last… Continue Reading
Federal Court Rules That Twitter Invites and Facebook Posts Do Not Constitute Impermissible Employee Solicitations
Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Social Media, Trade SecretsOn January 22, 2013, United States Magistrate Judge Steven Shreder of the Eastern District of Oklahoma issued a report and recommendation, following Plaintiff Pre-Paid Legal Services, Inc.’s motion for preliminary injunction against its former employee Todd Cahill, concerning whether certain social media communications constituted impermissible employee solicitations in violation of a restrictive covenant agreement. Pre-Paid… Continue Reading
Hands Off My Tweets: Washington State Senate Proposes Ban on Mandatory Disclosure of Employee Social Networking Passwords
Posted in Legislation, Social MediaOn January 30th, the Washington state senate introduced a bill which would prohibit public and private employers within the state from requiring employees to turn over their online social-network account passwords. Senate Bill 5211. As we previously blogged, a number of states have passed or are considering similar legislation, which ostensibly is aimed at protecting employees’… Continue Reading