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Social Media › Misappropriation

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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Proskauer - Trade Secrets

Battery Technology Trade Secret Theft Runs Out of Juice

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A recent complaint alleging trade secret misappropriation in the Eastern District of New York demonstrates the importance of combing an alleged trade secret misappropriator’s social media for subtle – and not-so-subtle –...more

Constangy, Brooks, Smith & Prophete, LLP

Would you have fired these hotheads?

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Inquiring minds want to know! It's been a slow week for real news, and we have a long weekend coming up. But I found two stories relating to employees (one was a law partner, so technically not an employee) who blew their...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...

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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

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2021

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Written Description of Therapeutic Efficacy - In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the...more

Foley & Lardner LLP

The Tools Used in Modern Business---Such As Videoconferencing---and the Social Media Culture Create Real Challenges to Protecting...

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In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more

Downs Rachlin Martin PLLC

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

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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

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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

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

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Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

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A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Orrick - Trade Secrets Group

Third Circuit: Spying on Former Employee’s Social Media Account Does Not Constitute “Unclean Hands” to Bar Trade Secret...

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Consider this: a former employee has just left his or her employer and may have taken trade secrets to a competitor. ...more

Zuckerman Spaeder LLP

Is A Twitter Account An Employer’s Trade Secret? Yes, Says Media Company

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Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information....more

Seyfarth Shaw LLP

Top Developments And Headlines In Trade Secret, Computer Fraud, And Non-Compete Law In 2017 And What We Expect In 2018

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Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more

Gray Reed

Great Pic! But Can You Use It?

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Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and...more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

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For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #2

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"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2015

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California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Seyfarth Shaw LLP

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

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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

Downs Rachlin Martin PLLC

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

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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

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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?

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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

Fenwick & West LLP

Fenwick Employment Brief - June 2013

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In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Foley & Lardner LLP

A Compilation of Enforcement and Non-Enforcement Actions - May 31, 2013

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Board Oversight of Distribution and Financial Intermediaries - One of the SEC’s stated focuses is on payments for “distribution in guise.” Mutual funds are only permitted to pay for distribution of their shares if...more

Troutman Pepper

Whose Social Media Account Is It, Anyway?

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A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

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