According to a recent online article on LinkedIn account ownership by British solicitor Michael Simkins, this is a new area that the legal profession will be forced to handle in the very near future. (You can read the full article here.)

The Issue

The question is whether the employer or the employee is entitled to control an employee’s LinkedIn account. Simkins writes that, “Client or contact details are only capable of being ‘owned’ if the employer can demonstrate that they amount to confidential information.”

English courts, Simkins says, have ruled in the past that information in Outlook address books amount to information databases and do indeed belong to employers. Since LinkedIn is essentially a web-based database, he believes it is likely that courts may rule on that in a similar fashion.

To my knowledge, no U.S. cases have been brought before the courts relating to LinkedIn -- so far.

Many companies are currently scrambling to include LinkedIn policies in their employee handbooks. Employees who have built extensive LinkedIn connections would be wise (but may not know) to consider negotiating terms relating to their online network before accepting employment.

Why is this issue important? Two reasons.

First, what does this mean for your own biz dev efforts? Can you take your connections with you if you leave your firm?

Second, with all these issues looming, social media law could become a whole new area of legal expertise (and opportunity for business development), if you are not already on it.

What is your firm doing about this issue? Do you have a policy on LinkedIn connections? Is this a new practice area you are developing? 

Until next time,

Robin