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
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 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
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
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
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 even though the plaintiff … Continue Reading
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:… Continue Reading
What’s are “Trade Secrets” and Best Practices to Protect Against
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 Act Standoff;
2) Employee Theft … Continue Reading
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 education company, was … Continue Reading
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 social media accounts. Appropriately enough, … Continue Reading
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 Jose), and seeks to prohibit … Continue Reading
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. 9, 2012)) . … Continue Reading
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 effective January 1, 2013, makes … Continue Reading
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 address the issue.
This … Continue Reading
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 anti-discrimination laws and the United … Continue Reading
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 media’s pervasiveness (and benefits) presents … Continue Reading
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 their relationships for the … Continue Reading