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Non-Compete and Trade Secrets Blog

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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 recently addressed this question and decided not to apply the “unclean hands” doctrine against the employer in a trade secrets case, clearing the way for the injunction.

Courts are increasingly asked to examine the scope and enforceability of non-solicitation agreements in the age of social networking. With employees using LinkedIn and other websites to stay in touch with current and former colleagues, a recent Illinois appellate court decision helps shed some light on the types of communications that may or may not constitute a breach of a valid non-solicitation agreement.

Everybody in the modern workforce is involved in social media in one way or another. Sometimes problems arise when an employer dictates that employees may not communicate, via social media, confidential or proprietary company information.

A U.S. District Court recently held that an employee's excessive use of the internet at work does not constitute a violation of the Computer Fraud & Abuse Act.

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