California Court: Facebook Can Enforce No Scraping Prohibition in Terms of Service in Password-Protected Section of Site

Facebook aggressively monitors web scraping on its platforms. And they aren’t shy about sending out cease and desist letters when they believe someone is violating their terms of service. After the Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. in 2019, however, there might have been some question whether a court (and, in … Read More

Cross-Post: 11th Circuit Reverses Legal Momentum for Permissiveness in Web Scraping

I recently wrote a post at Professor Eric Goldman’s Law and Technology Blog about an important web scraping case out of Florida from earlier this year. If you’re in the web-scraping business, you’ll definitely want to check that out here. This blog post is for informational purposes only. The views expressed in this post may … Read More

5 Ways to Beat a Non-Compete in Colorado

Once rare, non-compete agreements are now everywhere. For the companies that use them, they’re a great way to ensure employee loyalty and to protect against theft of trade secrets. For the employees who are subject to them, they can be a horrible restriction on the ability to freely pursue one’s trade. So if you you’ve … Read More

Don’t Panic: What to Do When You Receive a Cease & Desist Letter

If you’ve received a cease-and-desist letter, now is the time when it is most important to engage in rational decision-making. There is a famous saying by Carl von Clausewitz that war is “simply the continuation of political intercourse, with the addition of other means.” Similarly, litigation, and pre-litigation activity like cease-and-desist letters, can often be … Read More

How to Approach Negotiations: Game Theory and Generous Tit for Tat

How to Approach Negotiations: Game Theory and Generous Tit for Tat

In business negotiations, it’s critical to develop a reputation as someone who will cooperate and get things done. But business is competitive and occasionally aggressive, and there’s a fine line between having a desire to cooperate and ending up a pushover to more aggressive competitors. So where does one strike a balance between the need … Read More

Terminating an Employee: Best Practices for a Bad Situation

Six months ago you hired an employee. He shows up to work late more often than not. He’s always calling in sick, but never provides a medical explanation. When he is at work, he seems more devoted to updating his Facebook page than improving your company’s bottom line. He looked good on paper when you … Read More

Inevitable Disclosure Doctrine: When Your Employer Can Keep You from Working for a Competitor

Most people have heard of non-compete agreements. But there’s another scenario where an employer can keep you from working for a competitor, even in the absence of a prior agreement: the Inevitable Disclosure Doctrine. Three tests must be met for a court to invoke the doctrine. 1) You must possess trade secrets that you do … Read More