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

Tag Archives: social media

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 …

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 …

Federal Court Allows Service On Foreign Defendants Through Facebook

Posted in Legislation, Practice & Procedure, Social Media

Did 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., the Federal Trade …

New Jersey Poised To Adopt New Social Media Legislation

Posted in Legislation, Social Media

With 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 the most restrictive social …

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 Secrets

On 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 Legal Services, Inc. v. Cahill

Upcoming Webinar: Trade Secrets in the Telecommunications Industry

Posted in Trade Secrets

In Seyfarth’s next installment in its series of 2013 Trade Secret Webinars, on Wednesday, February 20, 2013, at 12:00 p.m. Central Standard Time, Seyfarth attorneys Jim McNairy, Mark Hansen and Justin Beyer will address the role that trade secrets play in the telecommunications industry. The Seyfarth panel will specifically address the following topics:…

 What information qualifies as trade secret
The

Hands Off My Tweets: Washington State Senate Proposes Ban on Mandatory Disclosure of Employee Social Networking Passwords

Posted in Legislation, Social Media

On 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’ privacy in their

Employers Take Note: Michigan Adopts Social Media Privacy Legislation

Posted in Data Theft, Legislation

By Jessica Mendelson and Robert Milligan

The Michigan Legislature recently passed the Internet Privacy Protection Act (“IPPA”), otherwise known as House Bill 5523. On December 28, 2012, Michigan Governor Rick Snyder signed the IPPA, making Michigan the fourth state to enact a social media privacy law regulating employers. In explaining the reasoning behind the law, Governor Snyder stated, “Cyber security …

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

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 Act Standoff;
2) Employee Theft …

Big Brother Can’t Ask For Access To Your “Personal” Social Media Accounts Either….More Social Media Legislation Proposed In California

Posted in Data Theft, Legislation, Trade Secrets

By Robert Milligan and Jessica Mendelson

Recently, we blogged about the passage of California Assembly Bill 1844 (“AB 1844”), which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts. Assembly Bill 1844 was codified as section 980 of the California Labor Code. Recently, California State Assemblywoman Nora Campos has proposed an additional bill, AB

Former PhoneDog Employee Off the Hook in Closely Watched Trade Secrets Spat

Posted in Trade Secrets

By Jessica Mendelson and Joshua Salinas

We previously blogged about the case of PhoneDog v. Kravitz, a Northern District of California case that called into question the ownership of Twitter followers on an employee’s professional account following the employee’s departure from the company. After over a year and a half of litigation, the parties have finally reached a settlement …

Massachusetts Court Rules That Facebook Posting of New Job Does Not Violate Non-Competition Covenant

Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade Secrets

A hair salon’s motion for entry of a preliminary injunction against a stylist was denied even though she had signed non-competition, non-solicitation and confidentiality agreements with the salon, and immediately after leaving her prior employment she was employed by a nearby competitor, a fact noted on her Facebook page. Invidia LLC v Difonzo, Case No. MICV20123798H (Middlesex [Mass.] County …

Seyfarth Shaw Trade Secret and IP Attorneys Gather At California State Bar Annual Intellectual Property Institute

Posted in Data Theft, Espionage, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade Secrets

Several Seyfarth Trade Secret and IP attorneys are scheduled to attend and participate at the California State Bar Intellectual Property Law Section’s “IP Institute” in San Diego on November 8-10th.

Seyfarth is a silver sponsor of this prestigious IP event and will have a sponsor table staffed throughout the event.

High level experts will cover a wide range of IP …

Zynga Sues Former Employee For Trade Secret Theft While Defending Its Acquisition Of Other Alleged Proprietary Information

Posted in Computer Fraud, Data Theft, Practice & Procedure, Restrictive Covenants, Trade Secrets

On October 12, 2012, Zynga, a major provider of social game services based in San Francisco, filed suit against its former general manager of its highly successful CityVille game, Alan Patmore. Zynga alleges that Patmore, after allegedly refusing to acknowledge his confidentiality obligations, wandered out of the offices of Zynga with 760 computer files, which he uploaded to his personal …

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

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 social media accounts. Appropriately enough, …

California Governor Jerry Brown Signs New Social Media Legislation

Posted in Legislation, Practice & Procedure, Trade Secrets

California Governor Jerry Brown announced on Twitter, Facebook, Google+, LinkedIn and MySpace today that he has signed two bills (Senate Bill 1349 and Assembly Bill 1844) prohibiting public and private postsecondary schools and California employers from requiring applicants and employees to provide their social media account passwords.

“California pioneered the social media revolution. These laws protect Californians from unwarranted invasions …

Summary of the 2012 IP and the Internet Conference Presented by the State Bar of California

Posted in Data Theft, Espionage, Legislation, Trade Secrets, Unfair Competition

On September 14, 2012, the State Bar of California Intellectual Property Section presented its 2012 IP and the Internet Conference. The conference featured high level experts from companies such as Twitter, Yahoo!, Warner Bros. Entertainment, Salseforce.com, True Religion Brand Jeans, and Autodesk, who covered emerging issues and hot topics in intellectual property and Internet law. Below are a few highlights …

Trade Secrets and Non-Compete Legislative Update Webinar On September 20, 2012

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

Please join us for our sixth trade secrets webinar of the year entitled Trade Secrets and Non-Compete Legislative Update.

The webinar will be September 20, 2012 from noon to 1:00 p.m. central.

The past year has seen significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions. As trade secrets …

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

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. 9, 2012)) . …

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

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 effective January 1, 2013, makes …

Massachusetts Legislature Considers New Social Media Bill

Posted in Practice & Procedure, Trade Secrets

By Ryan Malloy and Erik Weibust

The Massachusetts legislature recently joined the growing wave of states nationwide that are considering bills, which, if enacted, would forbid employers from requesting social media user names and passwords from employees or prospective employees. The issue of privacy with regards to social media accounts has garnered significant attention across the country during recent months, …

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

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 address the issue.

This …

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?

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 anti-discrimination laws and the United …