Tag Archives: linkedin

No Computer Fraud and Abuse Act violation for taking over former employee’s LinkedIn account

Eagle v. Morgan, 2012 WL 4739436 (E.D.Pa. October 4, 2012)

After plaintiff was fired as an executive, her former employer (using the password known by another employee) took over plaintiff’s LinkedIn account. It kept all of plaintiff’s contacts and recommendations but switched out plaintiff’s name and photo with those of the new CEO.

LinkedIn identity writ large

Plaintiff sued in federal court under the Computer Fraud and Abuse Act, the Lanham Act, and a slew of state law claims including identity theft, conversion and tortious interference. The former employer moved for summary judgment on the CFAA and Lanham Act claims. The court granted the motion, but continued to exercise supplemental jurisdiction over the state law claims.

On the CFAA claim, the court found that plaintiff failed to show how the taking over over her account gave rise to a cognizable loss under the CFAA. The kinds of losses she tried to prove, e.g., lost future business opportunities and professional reputation, did not pertain to any impairment or damage to a computer or computer system. Moreover, the court found, plaintiff failed to specify or quantify the damages she alleged.

As for the Lanham Act claim, the court found that there was no likelihood of confusion. It noted that “anyone who navigated to [plaintiff’s] LinkedIn account would be met with [the new CEO’s] name, photograph and new position.” Accordingly, there was no effort to “pass off” the new CEO as plaintiff or to otherwise suggest an endorsement or affiliation.

Though it dismissed all the federal claims, the court kept the pending state law claims. The matter had been before the court for over a year, the judge was familiar with the facts and the parties, and dismissing it so soon before trial would not have been fair.

Other coverage by Venkat.

Photo credit: Flickr user smi23le under this Creative Commons license.

Nefarious LinkedIn use finally makes it to the courts

TEKsystems, Inc. v. Hammernick, No. 10-99819 (D. Minn., Filed 3/16/2010). [Link to Complaint (PDF)]

Here is an interesting lawsuit that is bound to convince some employers that social media is causing the sky to fall (to the extent they’re not thinking that already).

Minnesota, showing roads and major bodies of water
Image via Wikipedia

An IT headhunting company that does business in the Twin Cities area of Minnesota has filed suit against a former recruiter-employee for breach of her noncompetition agreement. The complaint says that she violated that agreement when she connected on LinkedIn with 20 of the candidates her old firm was working with.

One thing that’s missing from the allegations is when the defendant made these allegedly improper LinkedIn connections. Did she already have them as connections when she left the plaintiff’s employment or did she invite them to connect after she left? The distinction seems like it would be relevant.

No doubt this case should get some attention due to the novelty of the allegations, namely, that the defendant used a social networking site to break the law. But as thinking persons, we should be careful not to sensationalize these facts. When you stop and think about it, how does the fact that the defendant may have used LinkedIn really differentiate the case from one in which she would have used a more conventional form of communication to solicit?

[Thanks to Paul Cherner at the HR Counsel blog for alerting me to this case. More coverage at the Delaware Employment Law Blog and Portfolio.com]