California Court: Facebook Can Enforce No Scraping Prohibition in Terms of Service in Password-Protected Section of Site

Facebook aggressively monitors web scraping on its platforms. And they aren’t shy about sending out cease and desist letters when they believe someone is violating their terms of service. After the Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. in 2019, however, there might have been some question whether a court (and, in … Read More

Are Bots Legal?

Bots are perfectly legal. Unless, of course, they’re programmed or designed to do illegal things. To paraphrase legal scholars Mark Lemley and Bryan Casey, well-drafted laws prohibit verbs, not nouns. There are millions of ways that you could code or program an automated system that generates almost no legal risk whatsoever. And there plenty of … Read More

5 Ways to Beat a Non-Compete in Colorado

Once rare, non-compete agreements are now everywhere. For the companies that use them, they’re a great way to ensure employee loyalty and to protect against theft of trade secrets. For the employees who are subject to them, they can be a horrible restriction on the ability to freely pursue one’s trade. So if you you’ve … Read More

Don’t Panic: What to Do When You Receive a Cease & Desist Letter

The first thing to remember when you’ve received a cease and desist letter, or any other threatening letter from a lawyer: Don’t panic. You’ve developed your business to the point that you’ve ended up on someone’s radar. These things happen. The important thing now is to weigh your options and figure out how to respond. … Read More

How to Approach Negotiations: Game Theory and Generous Tit for Tat

How to Approach Negotiations: Game Theory and Generous Tit for Tat

In business negotiations, it’s critical to develop a reputation as someone who will cooperate and get things done. But business is competitive and occasionally aggressive, and there’s a fine line between having a desire to cooperate and ending up a pushover to more aggressive competitors. So where does one strike a balance between the need … Read More

Terminating an Employee: Best Practices for a Bad Situation

Six months ago you hired an employee. He shows up to work late more often than not. He’s always calling in sick, but never provides a medical explanation. When he is at work, he seems more devoted to updating his Facebook page than improving your company’s bottom line. He looked good on paper when you … Read More

Inevitable Disclosure Doctrine: When Your Employer Can Keep You from Working for a Competitor

Most people have heard of non-compete agreements. But there’s another scenario where an employer can keep you from working for a competitor, even in the absence of a prior agreement: the Inevitable Disclosure Doctrine. Three tests must be met for a court to invoke the doctrine. 1) You must possess trade secrets that you do … Read More