Social Media Trade Secrets

News & Analysis as of

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

Are You Ready for the Attack? Online Brand and Reputation Protection

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Intellectual Property Bulletin - Spring 2015

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

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

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.

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

Secret Connections: LinkedIn contacts may be a trade secret

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture....more

Social Media - Love it or leave it?

Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more

Big Data, Social Media, and IP: How to Make “Likes,” “Tweets,” and “+1’s” Your Trade Secrets

Leading players from different business sectors have spent the past few years learning how to use social media insights and analytics to drive consumer behavior. But outside partners usually provide the algorithms that drive...more

Social Media: Protecting Trade Secrets and Proprietary Information

The ability of employees to steal trade secrets, reveal customer lists, and expose proprietary business information with the press of a button is frightening. In over 85 percent of trade-secret cases, the alleged...more

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

Zombies, Ghouls, and Unpaid Wage Claims: The Top 5 HR Horrors This Season

As the group that shepherds employees from the application stage through the end of the employment relationship, human resources (HR) departments administer programs and policies that could greatly impact a company if a...more

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

Labor Letter, July 2013: Social Media And Trade Secrets

Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more

Say What? Terminated Employees ‘Own’ Their LinkedIn Accounts (and the Company’s Trade Secrets)?

Companies are getting a big surprise these days: Employees are leaving with their LinkedIn accounts and the company’s proprietary list of business contacts. LinkedIn is a well-known, business-oriented social media website...more

Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?  [Video]

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

The Expanding Law on Employee Use of Social Media

Employee use of social media, such as Facebook, Twitter, MySpace and other internet social sites, whether at the workplace and during work time or off-duty, can be a minefield for both employees and employers....more

Social Networking Contacts Could Be Trade Secrets

Like it or not, Facebook, LinkedIn, Twitter, and other social media is playing a larger role in our everyday business lives. Nowadays, many companies are using social networking to maintain their client list and further...more

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

“Three can keep a secret if two are dead.” — Benjamin Franklin. In the shrinking world of social media, privacy seems to be an all but forgotten concept. But in the world of business, trade secrets are critical to...more

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced...

Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The...more

The Rising Threat Of Trade Secrets Theft

One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more

Suit Over Ownership of Twitter Followers Settled

We previously reported on the lawsuit over ownership of Twitter followers, when an employee left PhoneDog and changed the twitter handle of an account that had been used to tweet to PhoneDog customers....more

Who Owns Your Company’s Social Media? Are You Sure?

In my presentations on social media this year, I’ve talked a bit about the Phonedog v. Kravitz case where an employer sued a former employee who continued to use the company Twitter account he had started....more

Take Reasonable Efforts to Avoid Inadvertent Employee Disclosure of Trade Secrets Through Social Media Platforms

Social media websites have become an integral part of business practice as a means of fast and inexpensive communication for businesses and individuals alike to make prospective employment contacts, build brands and expand...more

Tweet Rights as Trade Secrets?

Many folks use LinkedIn, Twitter and Facebook for business. When an employee leaves, what's that social media account worth? Saying that the account password and business contacts are trade secrets, some companies have...more

Using Your Social Media Strategy to Protect Trade Secrets and Minimize Liability

As most employers know, restrictive covenant agreements, often referred to as Confidentiality Agreements or Proprietary Information Agreements, are not the only documents that can be used to protect employers’ confidential...more

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