Protecting Trade Secrets When Key Employees Move to Competitors
Recovering Confidential Business Information and Defending Against Misappropriation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide legal strategies for employers and their counsel to prevent or restrict the loss of confidential company information when a key employee goes to work for a competitor. The panel will review the use of computer forensics to obtain evidence to support the employer's case.
- Initial response tactics
- Locate employment contracts
- Identify and preserve all sources of electronically stored information the employee may have accessed
- Dealing with employees left behind
- Assess privilege issues and contract compliance issues
- Consider non-contractual legal theories
- Fact-gathering and evidence gathering
- Issues to be investigated
- Preserving evidence
- Using computer forensics to obtain “smoking gun” evidence
- Formal response strategies
- Cease and desist letters
- Notification to competitor company
- Litigation considerations
- Non-legal alternatives
- Discovery considerations
The panel will review these and other key questions:
- What initial steps should employers take when they learn that a key employee has accepted an offer of employment from a business competitor?
- What non-contractual legal theories should employment attorneys consider when deciding whether to pursue legal action against a departing key employee who allegedly misappropriated trade secrets?
- How is forensic reconstruction being used to obtain key evidence in trade secret misappropriation cases?
- What legal considerations should employment counsel take into account when deciding whether litigation is the most appropriate means for recovering confidential data?
Gibson Dunn & Crutcher
She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and... | Read More
She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and Title VII class actions. She is a recent recipient of the Denver Business Journal's "40 Under 40" Award.Close
Jason C. Schwartz
Gibson Dunn & Crutcher
Mr. Schwartz's practice includes the full range of labor and employment matters, including those... | Read More
Mr. Schwartz's practice includes the full range of labor and employment matters, including those involving wage-hour and discrimination laws, non-competition agreements and trade secrets, Sarbanes-Oxley and other whistleblower protection laws, the Employee Retirement Income Security Act (ERISA), and the Occupational Safety and Health Act (OSHA).Close
Seth P. Berman
Managing Director and Deputy General Counsel
He supervises digital forensics, cybercrime investigations, and electronic discovery assignments involving the... | Read More
He supervises digital forensics, cybercrime investigations, and electronic discovery assignments involving the collection of electronic data in criminal, civil, regulatory, and internal corporate matters. He oversees computer investigations involving data breaches, securities fraud, identity theft, employee misconduct, FCPA violations, and theft of trade secrets.Close