News & Analysis as of September 20, 2024

Misappropriation

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

Proskauer - New Media & Technology on 4/22/2022

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

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

Downs Rachlin Martin PLLC on 11/18/2020

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

Protecting Social Media Contact Lists as Trade Secrets

Sheppard Mullin Richter & Hampton LLP on 4/1/2020

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

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

Seyfarth Shaw LLP on 5/30/2015

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

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

Downs Rachlin Martin PLLC on 3/31/2015

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

Ownership of Business-Related Social Media Accounts

Morrison & Foerster LLP - Social Media on 12/18/2013

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

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

CMCP - California Minority Counsel Program on 7/1/2013

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

Who Owns Your Online Persona?

Sheppard Mullin Richter & Hampton LLP on 3/27/2013

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

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

Mintz - Employment, Labor & Benefits... on 3/20/2013

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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