September 28, 2020 Articles

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

When is “friending” a breach of contract?

By Christopher W. Tackett

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.

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