Why Companies Must Ensure Their Non-Solicitation Agreements Are Fit for the Social Media Era

One frequent area of client need in the realm of business torts arises from companies with former employees who have committed post-termination violations of non-solicitation covenants in their prior employment agreements. Indeed, non-solicitation agreements lead to many requests to initiate litigation and, to a lesser extent, to assist with revising and modernizing client non-solicitation clauses. This article focuses on non-solicitation covenants and how those provisions may be breached through social media activity; it does not undertake questions about the impact of digital activity on geographic non-compete restrictions.