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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Category Archives: Social Media

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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

Webinar Recap! National Year in Review of Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law

Posted in Computer Fraud and Abuse Act, Non-Compete Enforceability, Social Media, Trade Secrets

By Michael Wexler, James McNairy and Joshua Salinas

We are pleased to let you know that the webinar “2013 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer Fraud Law” is now available as a podcast and webinar recording.

In Seyfarth’s first installment of its 2014 Trade Secrets … Continue Reading

Upcoming Client Webinar: Employee Social Networking: Protecting Your Trade Secrets In Social Media

Posted in Social Media, Trade Secrets

On Thursday, April 24, 2014 at 12:00 p.m. Central, Seyfarth’s second installment of its 2014 Trade Secrets Webinar series will address the relationship between trade secrets and social media. 

The Seyfarth panel will specifically address the following topics:… Continue Reading

Defining and understanding trade secrets in social media, including a deeper dive into how courts are interpreting ownership of and whether social

Big Data and IP Business Strategy

Posted in Computer Fraud, Cybersecurity, Data Theft, Privacy, Social Media

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about the big data and IP business strategy by technology lawyer and IP strategist Joren De Wachter. Joren serves as a Co Chair with me on the ITechLaw Intellectual Property Law Committee and has an excellent blog of his … Continue Reading

Trading Secrets – 2013 Year in Review

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

Seyfarth Shaw is pleased to announce the publication of the Trading Secrets 2013 Year in Review. The 2013 Review is a compilation of our significant blog posts from 2013 and is categorized by specific topics such as: Trade Secrets; Computer Fraud and Abuse Act; Non-Competes and Restrictive Covenants; Legislation; International and Social Media. As the specific blog entries, including … Continue Reading

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Espionage, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets, Unfair Competition

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all Continue Reading

Social Media and Its Impact on the Workplace: What Every Employer Needs To Consider

Posted in Social Media

The rapid evolution of social media and the activities of employees have created legal challenges for employers. Social media has the potential to impact almost every aspect of an employment relationship. Cyberbullying, harassment, protected concerted activity, employment discrimination, confidential company information, and employee privacy rights are all issues that employers have been forced to struggle with when addressing the use/misuse … Continue Reading

Upcoming Webinar: 2013 National Year in Review — What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer Fraud Law

Posted in Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Espionage, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Social Media, Trade Secrets

On Thursday, March 6, 2014 at 12:00 p.m. Central, Michael Wexler, Jim McNairy and Josh Salinas will present Seyfarth’s first installment of its 2014 Trade Secrets Webinar series. They will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secret and data theft, non-compete enforceability, computer fraud, and the interplay … Continue Reading

Tips For Protecting Trade Secrets In The Social Media Age

Posted in Social Media, Trade Secrets

Social media clearly has numerous uses and benefits, as hundreds of millions of users worldwide can attest. From connecting with a long lost friend, to marketing a new product or service, to organizing a high school reunion or even an uprising in the Middle East, social media has become a ubiquitous part of our lives. But its rapid proliferation comes … Continue Reading

2013 Trade Secrets Webinar Series – Year in Review

Posted in Computer Fraud and Abuse Act, Cybersecurity, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets

Throughout 2013, 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 twelve webinars:

1. 2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Continue Reading

Trading Secrets Makes ABA Top 100 Blawg List!

Posted in Social Media, Trade Secrets

The American Bar Association recently announced their winners for their 7th Annual Blawg 100 competition and our Trading Secrets blog has made the list for the first time in the Labor & Employment category!

We thank everyone who nominated and voted for us, and we really appreciate all of your support.

The ABA is now conducting a secondary competition identifying … Continue Reading

Massachusetts Judge Rules That Updating LinkedIn Does Not Constitute Solicitation

Posted in Non-Compete Enforceability, Restrictive Covenants, Social Media

Judge Thomas P. Billings, of the Massachusetts Superior Court’s Business Litigation Session, recently declined to issue a preliminary injunction in a non-compete case brought by KNF&T Staffing, Inc. against its former employee, Charlotte Muller, who had left to join a competitor. Among other things, KNF&T alleged that Muller had updated her profile on LinkedIn to reflect her new position, “resulting … Continue Reading

The Romance of Trade Secrets: Competing Speed Dating Companies Engaged in Trade Secret Misappropriation Battle

Posted in Social Media, Trade Secrets

Dating comes with its own set of challenges, and apparently, these now include trade secrets!  This month, a speed dating service provider, Speed Date USA Inc. (“Speed Date”) filed a multi-million dollar lawsuit against Match.com (“Match”) in Pennsylvania federal court.

According to the Complaint, the parties had an agreement under which Speed Date would operate and manage speed dating … Continue Reading

When does LinkedIn Activity Violate Non-Solicitation Agreements?

Posted in Non-Compete Enforceability, Practice & Procedure, Social Media, Trade Secrets

LinkedIn is the biggest professional networking site in the world.  It has more than 225 million users in more than 200 countries and territories.  Approximately 75 million users are in the United States.  Many of those users have signed non-solicitation agreements with their employers prohibiting them from soliciting the employers’ customers and workers.  Unfortunately, many of those non-solicitation agreements are … Continue Reading

Computer Fraud And Abuse Act Violated By Bundling Facebook And Other Social Networking Accounts Without Authorization

Posted in Computer Fraud and Abuse Act, Practice & Procedure, Privacy, Social Media

A California federal court recently issued a substantial monetary award in favor of Facebook and permanent injunction against a website that enabled its users to aggregate their data in social networking sites and messaging services.

Summary of the case.  Power Ventures, Inc. (PVI) operates a website called power.com which integrates multiple social networking accounts.  In late 2008, PVI began permitting … Continue Reading

Fourth Circuit Holds That Facebook “Like” Is Protected by the First Amendment

Posted in Practice & Procedure, Social Media

Remember that Facebook photo of a friend’s vacation that you “liked” a couple of days ago?  Well, congratulations, you’ve just exercised your constitutional right to free speech!  This week, in an intensely followed case in the Fourth Circuit, the court held that “liking” something on Facebook is “a form of speech protected by the First Amendment.”

In Bland v. RobertsContinue Reading

District Court of New Jersey Continues Growing National Trend Permitting Employers to View “Publicly” Available Social Media Posts

Posted in Practice & Procedure, Privacy, Social Media

Following a growing recent national trend, Judge Martini of the District Court of New Jersey issued summary judgment to Defendants Monmouth-Ocean Hospital Service Corporation (“MONOC”) and two of its senior management employees on August 20, 2013, in a claim brought by a former nurse and EMT, Deborah Ehling, who accused MONOC of retaliation and other claims. 

Ehling’s claims, in part, … Continue Reading