Monthly Archives: November 2012

MA Judge: Facebook Announcement Was Not a Solicitation

Let’s say a company has an employee who is connected with the company’s customers through social media, on sites like Facebook and LinkedIn.  And let’s say that after the employee departs for a competitor, the competitor posts an announcement on the employee’s Facebook page that she has joined the competitor.  Customers see that announcement and want to follow the employee to her new company.  Has there been a violation of the employee’s non-solicitation agreement?… More

New Noncompete Case from the District of Massachusetts Highlights What an Employee Should Not Do to Defeat a Noncompete

Late last month, Judge Patti Saris of the U.S. District Court for the District of Massachusetts ruled that a noncompete was enforceable and ordered the defendant employee not to work for a competitor of the plaintiff employer for one year.  In addition to determining that the noncompete was valid, Judge Saris concluded, among other things, that the employer would likely suffer “irreparable harm,” an injury that cannot adequately be compensated by money damages,… More

The Supreme Court Now has the Opportunity to Review the Computer Fraud and Abuse Act

I have written much on this blog about the Computer Fraud and Abuse Act (“CFAA”) and the split among the federal circuit courts of appeals over how it should be interpreted.  (See my prior posts here.)  The issue being debated among the circuits is whether CFAA claims should only be permitted against an employee who “hacks” into an employer’s computer system, or should also be permitted against an employee who has access to an employer’s information,… More