Balough
December 22, 2013
Illinois is the second state in the nation to prohibit employers from asking employees or applications for their Facebook and other social media passwords. Illinois Public Law 097-0875, which becomes effective January 1, 2013, is an amendment to the State’s Right to Privacy in the Workplace Act. The amendment makes it “unlawful for any employer […]
Balough
December 17, 2013
It’s not a federal offense to use your company computer for personal browsing, even if it is contrary to corporate policy—at least in the Ninth Circuit. The appellate court upheld the dismissal by the trial court of criminal charges under the Computer Fraud and Abuse Act (CFAA) against David Nosal, a former employee of the executive search […]
Balough
December 16, 2013
For purposes of determining whether a contract not to compete is enforceable, Illinois courts must consider the legitimate business interests of the former employer, the Illinois Supreme Court found. The court said that in determining whether a legitimate business interest exists, judges must look to the “totality of the facts and circumstances of the individual […]
Balough
December 16, 2013
The use of information obtained by a warrantless-tracking of a New York state employee with a GPS device on his private car, even while he was on a week’s vacation, was approved by the state’s appellate court. The case involved an employee who was fired because of a pattern of taking unauthorized absences from work […]
Balough
December 15, 2013
A newspaper crime reporter was lawfully terminated for making what the newspaper considered were inappropriate and offensive tweets. The National Labor Relations Board (NLRB) found that the Arizona Daily Star was justified in firing the reporter who ignored warnings from his editor and superiors to stop posting what they believed were inappropriate and offensive tweets. Postings on […]
Balough
December 15, 2013
Hewlett-Packard Company has sued Mark Hurd, HP’s former chairman and president, for breach of contract and threatened misappropriation of trade secrets for taking the position of co-president of Oracle Corporation. The HP complaint seeks to enjoin Hurd from taking the position with Oracle, a competitor, “in which he will serve in a capacity that will make it […]
Balough
December 15, 2013
An Ohio state judge and her daughter have sued various entities for breach of contract for revealing confidential registration information provided when an account was set up on Cleveland.com to comment on legal issues. Cuyahoga Court of Common Pleas Judge Shirley Strickland Saffold alleges in her complaint that the Cleveland Plain-Dealer and Cleveland.com violated the […]
Balough
December 15, 2013
A former Bimbo Bakeries executive’s plan to go to work for a competitor turned into a recipe for an injunction. Chris Botticella, a former vice president of operations for California for Bimbo, decided to take a similar position with Interstate Brands Corporation, a predecessor company to Hostess Brands, Inc. His actions following the decision to […]
Balough
December 14, 2013
It’s hard to keep a trade secret in a small town, especially if the secret is a customer list for providing computer networking service. An Illinois appellate court reversed the trial court’s finding that an existing and potential customer list was a trade secret. The court also dissolved an injunction that prevented former employees from […]
Balough
December 14, 2013
It takes an entire city council to fire a psychologist. Unless the psychologist can show that his membership in a conservative organization was a motivating factor behind the city’s decision to terminate his contract, there is no violation of his First Amendment right of freedom of association, the Seventh Circuit has found. The City of […]
