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

Tag Archives: LinkedIn

Court Issues Decision in Eagle v. Morgan: Employee Owns LinkedIn Account But Fails To Recover Any Damages Against Former Employer

By Jessica Mendelson on Posted in Social Media, Trade Secrets

By 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

Upcoming Webinar: Employee Privacy and Social Networking – Can Your Trade Secrets Survive?

By Daniel Joshua Salinas on Posted in Social Media, Trade Secrets

In 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

2012 Trade Secrets, Computer Fraud, and Non-Competes Webinar Series – Year in Review

By Robert B. Milligan on Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade Secrets, Unfair Competition

Throughout 2012, 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 eight webinars: 1) Employee Privacy, Social Networking at Work, and the Computer Fraud and Abuse… Continue Reading

Pennsylvania Federal Court Dismisses Employee’s Computer Fraud and Abuse Act Claim Based Upon Employer’s Alleged Improprer Access of LinkedIn Account: No Cognizable Damages

By Jessica Mendelson on Posted in Computer Fraud, Computer Fraud and Abuse Act, Practice & Procedure, Trade Secrets

By Jessica Mendelson and Robert Milligan Ownership of company social media accounts has recently become a hot topic in the legal industry, and with its decision in Eagle v. Morgan, 2012 WL 4739436, E.D.Pa., October 04, 2012 (NO. CIV.A. 11-4303) this past week, the Eastern District of Pennsylvania has added fuel to the fire. Edcomm, a banking… Continue Reading

What Employers Need to Know About California’s New Social Media Law

By Robert B. Milligan on Posted in Data Theft, Legislation, Practice & Procedure, Trade Secrets

By Robert Milligan, Jessica Mendelson, and Joshua Salinas On September 27, 2012, California Governor Jerry Brown signed two bills, AB 1844 and SB 1349, into law, making California the third state in the country – Maryland and Illinois are the others – to regulate employers’ ability to demand access to employees’ or prospective hires’ personal… Continue Reading

Proposed Social Media Legislation On California Governor’s Desk

By Jessica Mendelson on Posted in Legislation, Practice & Procedure, Trade Secrets

By Jessica Mendelson and Grace Chuchla On September 12, 2012, California Assembly Bill 1844 was enrolled and presented to Governor Brown. This bill is the counterpart to the Social Media Privacy Act (SB 1349), which was approved by the California State Senate in August 2012. AB 1844 is the work of Assemblywoman Nora Campos (D-San… Continue Reading

Facebook Fans For Piggy Paint Not A Business Expectancy, Michigan Federal Court Dismisses Tortious Interference Claims for Facebook Page Takedown

By Daniel Joshua Salinas on Posted in Trade Secrets, Unfair Competition

On August 9, 2012, a district court for the Western District of Michigan dismissed counterclaims of tortious interference with a business expectancy and conversion brought after the removal of a company’s Facebook page and the alleged loss of its more than 19,000 “fans.” (Lown Companies LLC v. Piggy Paint LLC, No. 11-cv–911 (W.D. Mich., Aug…. Continue Reading

Illinois Becomes Second State In Nation To Bar Employers From Obtaining Access To Employee Social Networking Pages

By Guest Author for TradeSecretsLaw.com on Posted in Computer Fraud, Legislation, Practice & Procedure, Trade Secrets

By Ronald Kramer On August 1, 2012, Illinois became the second state in the nation to adopt a law prohibiting employers from seeking employee or prospective employee passwords to access their non-public portions of their social networking sites. The Illinois’ law, an amendment to the Right to Privacy in the Workplace Act that will become… Continue Reading

Hey Lumbergh, You Don’t Own My Facebook Account: Maryland Passes Legislation To Protect Employee’s Social Media Accounts

By Jessica Mendelson on Posted in Practice & Procedure, Trade Secrets

Recently the legality of requiring prospective hires to hand over social networking usernames and passwords received national attention when New York Sen. Charles Schumer and Connecticut Sen. Richard Blumenthal asked the U.S. Department of Justice to investigate whether the practice violates federal laws. Although federal legislation has yet to be passed, state legislatures have begun to… Continue Reading

Access To Social Media Accounts In The Hiring Process And Employer Ownership Of Trade Secrets Or Confidential Information Contained In Social Media Accounts: Legislation On Horizon?

By Jessica Mendelson on Posted in Computer Fraud and Abuse Act, Trade Secrets

On Monday March 26, 2012, Senators Richard Blumenthal (Connecticut) and Chuck Schumer (New York), called for federal agencies to determine whether requiring prospective hires to hand over social networking usernames and passwords violates federal law. Blumenthal and Schumer called on the United States Equal Employment Opportunity Commission (“EEOC”) to investigate whether such practices violate federal… Continue Reading

Protecting Trade Secrets and Confidential Information In The Social Media Generation

By Robert B. Milligan on Posted in Trade Secrets

By Robert Milligan and Jeffrey Oh Over the past decade, no avenue has had a bigger impact on society and the ways in which people interact than social media. Websites like Facebook, Twitter, LinkedIn, which traffic in information shared on its servers, encourage users to publish every detail of their lives. For employers, the reality of social… Continue Reading

Employers May Have Sweat Equity In Their Executives LinkedIn Accounts, But Employees Score Win In War Over The Applicability Of The Federal Computer Fraud And Abuse Act In The Workplace

By Guest Author for TradeSecretsLaw.com on Posted in Computer Fraud and Abuse Act, Trade Secrets

By Scott Schaefers In the age of social media and networking, where employees undoubtedly use their company-issued computers to network with customers, vendors, colleagues, and friends, a legal question presents itself: can employers claim an interest in their employees’ LinkedIn accounts, or other social networking accounts, which the employees use in part to grow and maintain… Continue Reading