Is Social Media Eroding Nonsolicitation Agreements?

Law360, New York (July 20, 2015, 11:54 AM EDT) -- The Internet is fertile ground for ambiguity and abuse when it comes to former employees’ nonsolicitation obligations. Over the past few years, one of the most frequently asked questions we have received from both employers and employees regarding enforceability of restrictive covenants is: Can former employees be enjoined from contacting, or having contact with, the employer’s customers or co-workers via social media, such as LinkedIn, Facebook or Twitter? The answer is often: It depends.

Aside from determining the critical issue of what state law applies to this situation (and whether customer or employee nonsolicitation agreements are prohibited under that state’s law),...

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