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.
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 accounts typically contain useful information developed over the course of employment that can give a departing employee a head start in competition with an ex-employer. While there has been a lot of litigation about these issues ...
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.
A recent survey suggests that employers are planning to increase their hiring during the second quarter of 2011. Are your employees poachable? Consider these factors, and take action now.
Profit isn’t always the motive underlying trade secret theft. Sometimes people simply want revenge or to wreak havoc. The lesson for companies is that protecting trade secrets sometimes requires something more than asking employees to sign confidentiality agreements. It means taking steps to secure your company's computer system and network.
As 2011 rolls upon us, five non-compete and trade secret issues are likely to share the spotlight in the coming year. Keep an eye out for judicial and legislative action in Texas, California, Massachusetts on state-specific issues. Federal Courts are likely to adress the Computer Fraud & Abuse Act. And online social media is going to become a routine part of departing employee case law.
Protecting a company's non-compete and trade secret interests can be a daunting task. There are so many things to consider. Here's a list of ten things to keep in mind and some resources to help you take action.
In a sobering reminder that online social media is changing the way the world does business, a federal court recently shot down an employer's trade secret claim based largely upon the availability of information via the internet. Does this mean that employers seeking trade secret status for customer lists and related information should throw up their hands and surrender? No. This case presents a textbook example of what not to do if an employer regards its client information as confidential.