The Rocket Docket

Privacy Advocate's Website May Post Government Officials' Social Security Numbers

In Ostergren v. McDonnell, 2008 WL 3895593 (E.D.Va. 2008), Betty Ostergren, a personal privacy advocate in Virginia, and author of website The Virginia Watchdog, filed suit against Virginia Attorney General Robert F. McDonnell, seeking declaratory and injunctive relief against Va. Code 59.1-433.2 (2008), as applied.  Ms. Ostergren sought to maintain her website which publishes Virginia court records that list the social security numbers of Virginia judges, court clerks, senators, and even former Secretary of State Colin Powell.  Virginia law establishes a "secure remote access" system which allows indivuduals, for a nominal fee, to access land records of given localities.  The land records accessible to the public have been reposted on Ms. Ostergren's website.  For shock value, Ms. Ostergren posts primarily the records of judges, legislators and court clerks.

Court Upholds Non-compete's Geographic Scope and Duration

In Senture, LLC v. Dietrich, 2008 WL 4108046 (E.D.Va. 2008), the Eastern District was presented with a non-compete agreement with a national geographic scope and a one year duration.  Defendants filed a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).  Applying the law of Kentucky, the court denied the Defendants’ motion to dismiss while upholding the reasonableness of the non-compete agreement’s one year duration and stating that a national geographic scope in the same agreement is reasonable if the employer conducts business nationwide.