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Category Archives: Social Media

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Monitoring Employee Communications: A Brave New World

Posted in Practice & Procedure, Privacy, Social Media, Trade Secrets

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For convenience, employees often use one device for both personal and work-related communications, whether that device is employee-owned or … Continue Reading

Q&A Concerning IP Protection and Social Media Issues in the Workplace

Posted in Social Media, Trade Secrets

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in the workplace, however, come with modern issues – one such challenge for companies is protecting intellectual property (IP) and confidential information in today’s dynamic, digital and mobile … Continue Reading

Seyfarth Shaw is Pleased to Sponsor the State Bar of California’s Intellectual Property Protection and Social Media Issues in the Workplace Program

Posted in Social Media, Trade Secrets

The workplace is often the laboratory where creative ideas are hatched and innovative products are launched. While striving to create environments where innovation and creativity thrive, successful companies must also ensure that appropriate safeguards and agreements are in place to protect intellectual property. Employers also face challenges in navigating fair trade practices and employee privacy rights while capitalizing on the … Continue Reading

Best Practices Shared in Seyfarth Shaw’s 2015 Trade Secrets Webinar Series Year in Review

Posted in International, Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Social Media, Trade Secrets

Throughout 2015, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. The series consisted of nine webinars:

2014 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer… Continue Reading

Webinar Recap! Social Media Privacy Legislation Update

Posted in Computer Fraud, Computer Fraud and Abuse Act, Privacy, Social Media, Trade Secrets

We are pleased to announce the webinar “Social Media Privacy Legislation Update” is now available as a podcast and webinar recording.

In Seyfarth’s eighth installment in its series of Trade Secrets Webinars, Seyfarth social media attorneys discussed their recently released Social Media Privacy Legislation Desktop Reference and addressed the relationship between trade secrets, social media, and privacy legislation.

As … Continue Reading

Upcoming Webinar: Social Media Privacy Legislation Update

Posted in Privacy, Social Media, Trade Secrets

Social media and related issues in the workplace can be a headache for employers. There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging from employee privacy and protected activity to data practices, identity … Continue Reading

2015-2016 Edition of the Social Media Privacy Legislation Desktop Reference Now Available

Posted in Legislation, Privacy, Social Media, Trade Secrets

Social Media Privacy Legislation Desktop Reference What Employers Need to Know

There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging from employee privacy and protected activity to data practices, identity theft, cybersecurity, … Continue Reading

Inside Views: The Intersection Of Trade Secret Law And Social Media Privacy Legislation

Posted in Social Media, Trade Secrets

Eric Barton authored the following article on August 20, 2015 in Intellectual Property Watch summarizing several recent cases addressing trade secret claims involving social media issues, as well as providing some suggested takeaways for employers based on the limited information presently available.

There is no question that social media privacy issues now permeate the workplace. In an attempt to provide … Continue Reading

CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

Posted in Computer Fraud and Abuse Act, Cybersecurity, Social Media, Trade Secrets

The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v. Fox, Case No. 14 C 8191 (N.D.Ill., June 1, 2015) (Holderman, J.), the court held that those allegations do not state … Continue Reading

Connecticut Governor Signs New Social Media Privacy Legislation

Posted in Legislation, Privacy, Social Media, Trade Secrets

As we have frequently reported in this blog, social media privacy issues increasingly permeate the workplace.  For example, earlier this year, Montana and Virginia joined a growing number of states in enacting laws restricting employer access to the social media accounts of applicants and employees.  With Governor Dannell Malloy’s approval of similar legislation in Connecticut on May 21, the Constitution … Continue Reading

Aspects of Private Social Media Groups May Be Protectable Under Illinois Trade Secret Law

Posted in Social Media, Trade Secrets

In Illinois federal court, a plaintiff alleged aspects of their LinkedIn group were trade secrets misappropriated by the defendant. The defendant moved to dismiss for failure to state a claim. The court denied the motion in part and granted in part, ruling that portions of social media groups may be protectable under the state’s trade secret law. CDM Media USA, Continue Reading

Don’t Tweet On Me! Montana and Virginia Become Latest States to Pass Social Media Privacy Legislation

Posted in Legislation, Social Media

By Adam Vergne and Chuck Walters

Following a national trend, Montana and Virginia have become the nineteenth and twentieth states to enact laws restricting employer access to the social media accounts of applicants and employees.[1]

Virginia’s law, which takes effect on July 1, 2015, prohibits requesting (or requiring) the disclosure of usernames and/or passwords to an individual’s social media … Continue Reading

Employee Social Networking: Protecting Your Trade Secrets in Social Media Webinar

Posted in Restrictive Covenants, Social Media, Trade Secrets

On Thursday, May 28, 2015 at 12:00 p.m. Central, in the fourth installment of our 2015 Trade Secret Webinars, Seyfarth attorneys John Tomaszewski, Eric Barton and Joshua Salinas will address the relationship between trade secrets, social media, and privacy.

The Seyfarth panel will specifically address the following topics:

Defining, understanding, and protecting trade secrets in social media, including a deeper… Continue Reading

First United Kingdom Decision on Tweeting in Workplace

Posted in Social Media

Season’s Tweetings

In the first UK high court decision on tweeting, the Employment Appeal Tribunal has held that dismissal of an employee for offensive posts on his private twitter account could potentially justify termination under the UK’s unfair dismissal rules.

The employee was dismissed after a colleague raised an anonymous complaint about the content of his tweets. The Court held … Continue Reading

2014 Trade Secrets Webinar Series Year in Review

Posted in Computer Fraud, Cybersecurity, Data Theft, International, Non-Compete Enforceability, Social Media, Trade Secrets

Throughout 2014, Seyfarth Shaw LLP’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever changing area of law. The series consisted of 10 webinars:

2013 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete,… Continue Reading

Trade Secret Attorneys Discuss Latest Issues in Trade Secret Litigation in Corporate Disputes Magazine

Posted in Cybersecurity, Data Theft, Espionage, International, Legislation, Privacy, Social Media, Trade Secrets

On October 1, 2014, Michael D. Wexler and Robert B. Milligan, partners and co-chairs of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group participated in a Q&A mini-roundtable from Corporate Disputes Magazine on current trends in trade secret disputes and the steps companies can take to reduce these disputes.  Below are fielded questions from the Seyfarth Shaw Reprint Continue Reading

NLRB Rules That “Liking” A Facebook Comment Is Protected Activity

Posted in Social Media

By Jeffrey A. Berman and Candice T. Zee

The National Labor Relation Board (“Board”) issued its latest decision on social media issues on August 22, 2014.  In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted … Continue Reading

Upcoming Webinar: Trade Secret and Non-Compete Legislative Update

Posted in Legislation, Non-Compete Enforceability, Social Media, Trade Secrets

On Tuesday, June 17, 2014 at 12:00 p.m. central, in Seyfarth’s fourth installment of our 2014 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Dawn Mertineit and Daniel Hart will discuss the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions over the past year.  As trade secrets … Continue Reading

Tips for Avoiding Liability for Trade Secret Misappropriation Concerning the Hiring and Departure of Employees

Posted in Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Social Media, Trade Secrets

By Robert Milligan and Joshua Salinas

As companies face increasing competitive and financial pressures, management is understandably consumed with running the day-to-day operations of the business and working to achieve business objectives and maximize the bottom line. As a result, it is not uncommon for companies to find themselves in situations where important assets are overlooked or taken for granted. … Continue Reading

Seyfarth Shaw’s Social Media Privacy Legislation Desktop Reference

Posted in Privacy, Social Media, Trade Secrets

We are pleased to provide you with our Social Media Privacy Legislation Desktop Reference.

There is no denying that social media is an ever-present issue in the workplace and in our personal lives. Since April 2012, a growing number of states have passed some form of social media privacy legislation. Nearly all other state legislatures, as well as Congress, considered, … Continue Reading

Trading Secrets is on Twitter, Facebook, Google+, Tumblr, YouTube, and LinkedIn

Posted in Social Media, Trade Secrets

As the social media landscape continues to evolve rapidly, Trading Secrets is committed to keeping pace with this evolution in order to provide the most value for our readers. Regular blog contributors Erik Weibust and Dawn Mertineit, both attorneys in Seyfarth’s Trade Secrets Practice, serve as the Trading Secrets “social media directors” and will be actively monitoring the social … Continue Reading

Scott Schaefers Discussing Employee Social Media Privacy – How Employers Can Strike the Necessary Balance

Posted in Legislation, Privacy, Social Media, Trade Secrets

On April 16th, Scott Schaefers spoke with LexBlog’s Colin O’Keefe in a live online interview about what employers need to know about the social networking privacy legislation passed by thirteen states in the last two years.  Scott discussed Seyfarth’s soon-to-be-published survey of that legislation, as well as some ideas of what employers can do to protect its proprietary assets.  Those … Continue Reading