News & Analysis as of

Misappropriation LinkedIn

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

Proskauer - New Media & Technology

Taking Cue from the Supreme Court’s Van Buren Decision, Ninth Circuit Releases New Opinion Holding Scraping of Publicly Available...

On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s...more

Downs Rachlin Martin PLLC

2020 Update: Can your social media (e.g., LinkedIn) contacts be your employer’s trade secret?

Employers and employees alike use social media to promote and define their businesses and themselves in the digital space. From personal connections on Facebook, to professional marketing on LinkedIn, these connections on...more

Sheppard Mullin Richter & Hampton LLP

Protecting Social Media Contact Lists as Trade Secrets

Social media contact lists have become an increasingly important part of a business’s customer lists. While courts are still grappling with who legally “owns” the data that the employee acquired on the employer’s dime—such...more

Faegre Drinker Biddle & Reath LLP

Proposed $13 Million Settlement in LinkedIn Privacy Case Awaits Court Approval

Lawyers in a privacy class action against LinkedIn have urged the U.S. District Court in the Northern District of California to give final approval to a $13 million settlement that was made public last year. The deadline for...more

Fisher Phillips

Ownership of Social Media Accounts

Fisher Phillips on

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media...more

Seyfarth Shaw LLP

Aspects of Private Social Media Groups May Be Protectable Under Illinois Trade Secret Law

Seyfarth Shaw LLP on

In Illinois federal court, a plaintiff alleged aspects of their LinkedIn group were trade secrets misappropriated by the defendant. The defendant moved to dismiss for failure to state a claim. The court denied the motion in...more

Allen Matkins

Employer Can Proceed With Breach Of Noncompete And Trade Secrets Claims Against Former Employee Who Refused To Relinquish Control...

Allen Matkins on

Recently, an Illinois federal district court denied in part an employee’s motion to dismiss various claims asserted by his former employer, allowing the employer to proceed with its claims for breach of a non-compete...more

Downs Rachlin Martin PLLC

Can your social media contacts be a trade secret of your employer? Maybe.

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of...more

Morrison & Foerster LLP - Social Media

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

CMCP - California Minority Counsel Program

Trade Secret Litigation Over Social Media: Is It Worth The Cost?

With the continually increasing popularity of social media websites like Facebook, Twitter, and LinkedIn, where members can be connected to friends, family members, co-workers, clients, and potential clients all by logging in...more

Sheppard Mullin Richter & Hampton LLP

Who Owns Your Online Persona?

Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more

Mintz - Employment, Labor & Benefits...

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

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