Tweets and non-competes: Post-termination restrictions in the social media age
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Dorothy Murray
Dorothy Murray is a partner specialising in commercial dispute resolution at Proskauer Rose
Nicola Bartholomew
Nicola Bartholomew is a special international labour and employment counsel at Proskauer Rose


Companies and individuals increasingly use social media as a core part of work life, to establish networks, to gather information and to engage with customers and opportunities. This means that employers and employees (and their lawyers) must consider how traditional obligations within the employment relationship map onto this ever-expanding virtual world.

This article focuses on the interactions between social media and post-termination restrictions in the context of ownership, confidentiality, solicitation, and evidence of breach.