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 Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013
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 Tips For Protecting Trade Secrets In The Social Media Age
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 Massachusetts Judge Rules That Updating LinkedIn Does Not Constitute Solicitation
By Erik Weibust and Ryan Malloy
An employer can enforce a non-solicitation provision against a former salesman even where the clients initiated contact with the salesman, according to Judge Douglas P. Woodlock of the U.S. District Court for the District of Massachusetts
In Corporate Technologies, Inc. v. Harnett, et al., , a Massachusetts information technology company, sued its former salesman,
Continue Reading Massachusetts Federal District Court Rules That Initiating Contact Not Necessary For Finding of Solicitation In Breach of Customer Non-Solicitation Agreement
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
Continue Reading Federal Court Rules That Twitter Invites and Facebook Posts Do Not Constitute Impermissible Employee Solicitations
ING Life Ins. and Annuity Co. v. Gitterman, Slip Copy, 2010 WL 3283526 (DNJ August 18, 2010)
Plaintiffs ING Life Insurance and Annuity Company (“ILIAC”) and ING Financial Advisors (“IFA”) (collectively, “Plaintiffs” or “ING”), sought to enjoin defendants, all of whom were former employees of ING, from soliciting clients to withdraw certain accounts from ING, pending the resolution of
Continue Reading “Circumstantial” Proof of Solicitation Found Insufficient by District of New Jersey