Nasty Flood of Phone Calls and E-Mails Gives Rise to Computer Fraud Damage Claim – 6th Cir.

In Pulte Homes International Union of North America, 648 F.3d 295 (6th Cir. 2011), the Sixth Circuit addressed the Computer Fraud and Abuse Act (CFAA) in a case where a national labor union launched a barrage of  harassing telephone calls and e-mails against a Michigan home builder that fired a union member. The plaintiff home sued the union under the …

The Fifield Case: Two Years of Continuous Employment = Sufficient Consideration to Enforce Restrictive Covenants

In Fifield v. Premier Dealer Services, Inc. 2013 IL App (1st) 120327, http://www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1120327.pdf the Court squarely held that two years of continued employment is required to uphold a noncompetition or nonsolicitation provision.  Facts and Procedural History Plaintiff resigned about three months after starting his job as an insurance salesman and went to work for a competing firm.  He …

Employer Commandeers Ex-Employee’s LinkedIn Account: ‘Can They Do That?!’ (Eagle v. Morgan I)

Eagle v. Morgan, 2012 WL 4739436 (E.D.Penn. 2012) is a case whose impact is likely to reverberate through the social media legal landscape for some time.  It addresses interesting questions like who owns an employee’s social media account, what happens to the account when an employee is fired, and whether the account has monetary value to the employee.  In Eagle,  a …