SOCIAL MEDIA IN THE WORKPLACE: LEGAL CONSIDERATIONS FOR PRIVATE AND PUBLIC EMPLOYERS

Employers may have a valid interest in reviewing or monitoring an employee’s or applicant’s social media pages, even when the employee’s online conduct occurs outside of working hours. That is often the case when the employee’s conduct affects his or her job performance or the employer’s reputation. When employees post derogatory or slanderous remarks on… [Continue Reading]

Montana Supreme Court Affirms Enforcement of Covenant Not to Compete

The Montana Supreme Court has affirmed a trial court injunction enforcing a covenant not to compete in a business buy-sell agreement, confirming once again that it is far more willing to enforce covenants against sellers of businesses than against former employees. In Friedman v. Lasco, 2016 MT 115, Aaron and Constance Lasco had sold Spirit… [Continue Reading]

Faulty Memories, Misplaced Confidence, and Bad Outcomes

“I would not have chosen to make this mistake….  I don’t know what screwed up in my mind that caused me to conflate one aircraft with another.” — Brian Williams in 2015 explaining earlier statements he had made claiming he was in a helicopter when it was hit by RPG fire in 2003.   “I… [Continue Reading]

The Emerging Field of Assisted Reproductive Technology Law in Montana

Reproductive Technology Law? Montana does not yet have surrogacy agencies, egg donor agencies, or sperm banks. Nonetheless, gestational surrogates, egg donors, and sperm donors who help people create families through assisted reproductive technology (ART) do live in Montana.  ART arrangements more often than not are multi-jurisdictional or international.  The law in every state and country… [Continue Reading]