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Fifth Circuit: FCA Inapplicable to Claims Involving Private Funds Administered by Government-Created Programs

In United States of America ex rel Rene Shupe v. Cisco Systems, Inc. and Avnet, Inc., No. 13-40807 (5th Cir. July 7, 2014), the Fifth Circuit reversed a district court’s order denying a motion to dismiss a qui tam...more

OSHA Issues Substantial Award To SOX Whistleblower Claiming “Blacklisting”

According to a news release from OSHA, OSHA recently ordered DISH Network (the “Company”) to pay a former employee over $257,000 in back wages and compensatory damages, plus reasonable attorneys’ fees, and to expunge his...more

Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Yes, Disclosures On Social Media Are Still Disclosures

You can’t make this stuff up. Have you read this one? I can’t blame you if you haven’t. Between the serious and tragic stories dominating the news from Malaysia and Russia, this little employment law nugget snuck into...more

Announcing a Job Move on LinkedIn or Facebook - Breach of Contract or Fair Game?

It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import. Much of the fun, however, lies in playing the forecasting game, and...more

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against...more

LinkedIn: Protecting confidential information

Lisa Hodgson, an Associate in our Birmingham office, comments: Social media is becoming an increasingly common business tool as it is easy to use, free and effective. Many of our clients, particularly in professional...more

"Solicitation" In the Era of Social Media Remains Unsettled

Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement,...more

Recent UK Court Rulings on Employees’ Use of LinkedIn

Following our post on U.S. lawsuits concerning the ownership of LinkedIn and Twitter accounts, we report on a recent United Kingdom High Court ruling that considered who was entitled to operate four LinkedIn Groups, and other...more

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

Washington State Joins Trend of New Social Media Laws

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

Employee Working For You? You Say "No", LinkedIn Says "Yes"

Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more

Who Owns an Employee’s LinkedIn Account?

LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more

Facebook Posts Breached Confidentiality Agreement

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more

Supreme Court Raises The Bar For Class Actions

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in...more

Who Owns a LinkedIn Account?

A Federal District Court in the Eastern District of Pennsylvania recently addressed the issue of ownership of an employers LinkedIn account created by a former employee....more

Fourth Circuit Blunts CFAA As A Remedy Against A Rogue Employee

Let's say a client calls telling you that a valued former employee has left to work for a competitor. Just before leaving, the employee emailed himself a substantial number of your client's confidential documents. He's now...more

Labor Letter - July 2012

In This Issue: - “Here’s Looking At You, Kid” - The EEOC Looks For Beauty Bias By James J. McDonald, Jr. (Irvine) - The EEOC is currently investigating Marylou’s Coffee, a chain of Massachusetts coffee shops, for...more

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute...

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute...more

My Friends are Your Friends? U.S. Court Rules that an Employer’s MySpace “Friends” List Can be a Trade Secret

In a decision that may one day be cited by Canadian courts on the extent of an employer’s rights over its social media properties, the United States District Court for Colorado has ruled that an employer’s MySpace Profile and...more

Do You Know Who Owns Your Company's Social Media (Facebook, Twitter, LinkedIn) Accounts?

With the ever-evolving world of digital media, it is imperative that companies remain ahead of the curve by making sure that you have appropriate policies in place to address social media – whether it's Facebook, Twitter or...more

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