Seven in 10 Americans use social media, according to the Pew Research Center’s 2018 Social Media Fact Sheet. Business articles such as Forbes’ “2018’s Biggest Social Media Trends for Business” recognize that social media provides businesses with a rich, real-time source of customer information.
Social media may sprout business opportunity, but it also compounds existing challenges to predictably protecting critical, secret business information. Enforcing confidentiality, noncompete and nonsolicitation clauses and trade secret rights is laden with uncertainty about whether on any given day a given court will issue injunctive relief. Geography and technology heighten uncertainty with operations and employees crossing states and the transmission of highly confidential information across state lines.
