Peter Steinmeyer, a Member of the Firm in the Labor and Employment practice and Managing Shareholder of the Chicago office, was quoted in an article in titled "5 Tips for Drafting Employment Pacts in the Social Media Era." (Read the full version – subscription required.)

Following is an excerpt:

Facebook, LinkedIn and Twitter have radically changed how companies and employees connect to each other as well as clients or customers, and those changes have left the law — and employment contracts — struggling to keep up, lawyers say.

"Technology and society move quicker than the law, and the law is catching up right now," said Peter Steinmeyer, co-chairman of the noncompetes, unfair competition and trade secrets practice group at Epstein Becker Green. …

Exactly what constitutes "solicitation" may be the biggest unresolved question for lawyers trying to enforce agreements barring departing workers from luring clients or former co-workers away from a company in the social media realm, Steinmeyer said. …

"In the social media era, it makes sense to have a more specific definition of solicitation, but an awful lot of agreements simply use the word 'solicit' without defining what that means," Steinmeyer said. …

But in light of the uncertainty swirling around what constitutes a solicitation on the social media sphere, employers might want to go against the grain and make sure their nonsolicitation agreements are accompanied by restrictions that prohibit departing employees from doing business with their former customers, Steinmeyer said. …

In addition to making sure workers understand the significance of any confidential information they may have access to, companies should clearly label confidential information as such and hold exit interviews with departing employees that stress the need to protect confidential data, according to Steinmeyer.

Back to Trade Secrets & Employee Mobility Blog

Search This Blog

Blog Editors

Related Services



Jump to Page


Sign up to receive an email notification when new Trade Secrets & Employee Mobility posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.