Last year we profiled the TEKSystems v. Hammernik case that was filed in the United States District Court for the District of Minnesota. The case was significant because it was one of the first where a Plaintiff seeking a temporary injunction used communications from social media (LinkedIn) as evidence of a non-solicit violation.
Ultimately, the case was resolved through entry of a stipulated permanent injunction. This required the Defendants to among other things: (1) search their computers for TEKSystems documents and information and return or destroy the information; (2) submit their computers to forensic inspection; and (3) not contact, solicit or accept business from any persons identified in an agreed to customer list.
Though the lawsuit was novel in terms of social media evidence it’s resolution was not. Parties frequently agree to a set of customers that are essentially “hands off” in order to resolve these type of disputes.