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 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 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 Protecting Trade Secrets and Confidential Information In The Social Media Generation

By Robert Milligan and Gary Glaser

A California federal district court denied a former employee’s motion to dismiss his former employer’s claims for tortious interference with prospective economic advantage and negligent inteference with prospective economic advantage Monday in a closely watched lawsuit concerning the interplay between social media, trade secrets, and employee mobility.

We previously wrote about this case from
Continue Reading Court Allows Employer’s Interference With Prospective Economic Advantage Claims To Survive In Lawsuit Claiming Employee’s Theft of Twitter Account

By Gary Glaser

The United States District Court for the Northern District of California recently ruled that PhoneDog, an “interactive mobile news and reviews web resource,” could proceed with its lawsuit against Noah Kravitz, a former employee, who it claims unlawfully continued using PhoneDog’s Twitter account after he quit. PhoneDog v. Noah Kravitz, No. C11-03474 MEJ, 2011 U.S. Dist.
Continue Reading Social Media and Trade Secrets Collide: Whose Twitter Is It, Anyway?