News & Analysis as of

LinkedIn Breach of Contract

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

Polsinelli

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

Polsinelli on

2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Morgan Lewis - Tech & Sourcing

LinkedIn v. hiQ: Landmark Data Scraping Suit Provides Guidance to Data Scrapers and Web Operators

Following up on our April 27, 2022 post, Data Scraping Deemed Legal in Certain Circumstances, the most significant data scraping lawsuit has finally come to an end. After six years of litigation, LinkedIn Corp. and hiQ Labs,...more

ArentFox Schiff

December 2022 AFS Privacy Report: Pandora's Virtual Try-On Tool Leads to BIPA Class Complaint

ArentFox Schiff on

Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint - On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more

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

Court Finds hiQ Breached LinkedIn’s Terms Prohibiting Scraping, but in Mixed Ruling, Declines to Grant Summary Judgment to Either...

On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data...more

Proskauer - New Media & Technology

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

The ink is barely dry on the landmark Ninth Circuit hiQ Labs decision. Yet, a new dispute has already cropped up testing the bounds of the CFAA and the ability of a platform to enforce terms restricting unauthorized scraping...more

Jones Day

Scraping the Web: Practical Implications From the hiQ v. LinkedIn Opinion

Jones Day on

The ability of companies to prevent scraping of their publicly available information may now be limited. In a highly anticipated decision, the Ninth Circuit ruled on September 9, 2019, that scraping data from the public...more

Troutman Pepper

LinkedIn Activity May Violate Non-Solicitation Agreements

Troutman Pepper on

Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company? ...more

Fisher Phillips

LinkedIn Over Her Head: When Broadcasting a Change in Employment Counts as Solicitation

Fisher Phillips on

A recent blog post discussed an Illinois state court decision evaluating an employer’s claim against a former employee for breach of a non-solicitation agreement, when the employee had added former co-workers on LinkedIn...more

Proskauer Rose LLP

A Green Light for Screen Scraping? Proceed With Caution…

Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Proskauer - New Media & Technology

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to, or accessing user postings for their own commercial purposes. For...more

Orrick - Trade Secrets Group

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

Sheppard Mullin Richter & Hampton LLP

LinkedIn Has Beef With Data Scraping Bots

Linkedin has filed a lawsuit to prevent unauthorized use of “bots” that register fake profiles on the social network and steal data about actual users. According to the suit, these acts constitute a breach of Linkedin’s terms...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

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

McDermott Will & Emery

LinkedIn Claims Breach of Contract by Bot Users

McDermott Will & Emery on

LinkedIn, the social networking site popular among professionals, recently filed suit in the US District Court for the Northern District of California against unknown users who deployed automated software programs known as...more

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