Social Media, Former Employee

Look Out for LinkedIn: Top Questions for Employers on How the Platform Impacts Your Workplace

Fisher Phillips on 5/31/2024

LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more

New Jersey Appellate Division Rules That Private Social Media Posts Are Subject to Discovery

Carlton Fields on 5/2/2023

In a recent decision, the New Jersey Appellate Division provided new guidance on whether private social media posts, profiles, and comments may be compelled in litigation. In Davis v. Disability Rights New Jersey, Norma Davis...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

Flipping The Script: Employer Sues Former Worker For COVID-19 Defamation

Fisher Phillips on 7/6/2020

In what can only be described as a complete flipping of the script in employment-related litigation, the owner and manager of a suburban Pittsburgh restaurant adversely impacted by the COVID-19 pandemic have sued a former...more

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

Butler Snow LLP on 4/23/2019

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

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

Orrick - Trade Secrets Group on 3/25/2019

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

Third Circuit Rules In Favor Of Employer Who Monitored Former Employees’ Social Media Accounts

Jackson Lewis P.C. on 3/25/2019

On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not barred from winning an injunction to prevent four former employees from...more

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on 3/4/2019

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Facebook-Hacking Employer Still Gets Injunction Against Ex-Employees

Sherman & Howard L.L.C. on 2/27/2019

Scherer Design Group (“SDG”) sued several of its former employees for starting a competing business (while still employed), stealing trade secrets, and stealing clients. The trial court entered an injunction against the...more

#SecretTweets: Protecting Social Media As A Trade Secret?

Orrick - Trade Secrets Group on 9/10/2018

Social media today connects people more than ever. It can be a means to bring together long-lost friends, new acquaintances, and love interests, or the public with celebrities, sports teams, new products, and companies—to...more

Fight Over Virginia Tech Sportswriter's Twitter Account: Who Owns Employees' Social Media Accounts?

Womble Bond Dickinson on 8/8/2018

Andy Bitter was a sportswriter for the Roanoke Times covering Virginia Tech football. He recently announced on Twitter that he was leaving the Roanoke Times and would become the VT beat writer for The Athletic, a...more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

Proskauer - New Media & Technology on 10/16/2017

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

LinkedOut: Court finds Ex-Employee Likely Violated Non-Solicitation Provision with LinkedIn Post

Proskauer - Minding Your Business on 8/23/2017

The use of social media sites, like LinkedIn, can be a helpful tool to reach a customer base. But a recent district court case out of Minnesota exemplifies the need to ensure that LinkedIn usage complies with the user’s...more

Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful...

Mintz - Employment Viewpoints on 7/17/2017

New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard...more

The Trump Administration Retweets and Retreats

Jackson Walker on 4/25/2017

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

Nossaman LLP on 9/21/2016

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

Weintraub Tobin on 3/9/2016

Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable...more

Hack Attack?

Gray Reed on 6/23/2015

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

Akin Gump Strauss Hauer & Feld LLP on 4/28/2015

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

Trolling Social Media To Find Your Disgruntled Employees

Cozen O'Connor on 4/21/2015

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

Social Media in the Context of Post-Employment Litigation

Levenfeld Pearlstein, LLC on 4/2/2015

At the frontier of post-employment litigation is the issue of how to address social media contacts and communications. To date, while courts in other jurisdictions, such as California and Colorado, have passed on such...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

Yet Another Tale of (Alleged) LinkedIn Indiscretion in a Non-Compete Matter

Mintz - Employment, Labor & Benefits... on 12/23/2014

For those of you following the saga our Employee Mobility Practice Group has been documenting about the many ways in which social media appears to be impacting the non-compete world, I present to you yet another case that...more

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Mintz - Employment, Labor & Benefits... on 12/4/2014

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

Status Updates - November 2014 #3

Morrison & Foerster LLP - Social Media on 11/7/2014

..Lyfted documents? Uber and Lyft, two ride-sharing companies that are both expanding rapidly and trying to take business away from traditional taxis in cities across the nation, have never been on the best of terms. Their...more

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