There is often a gray area as to what an employee believes is their idea and work and what actually belongs to the company
Houston, Texas (PRWEB) November 09, 2011
McCann E-Investigations announces the publication of it’s Response Guide to Non Compete Enforcement. “In the past few months, we have worked on many cases involving theft of intellectual property.” said Daniel Weiss, Partner at McCann E-Investigations. “There is often a gray area as to what an employee believes is their idea and their work and what actually belongs to the company.” continued Weiss. The client has to have clear agreements in place with the employee stating what constitutes the intellectual property of the company.
The intent of the theft is typically designed to setup a competing company. When the client seeks McCann’s services, it is usually after the termination of the employee, either by resignation or by being fired.
The client then hears that their customers are receiving solicitations from the former employee. They quickly figure out that they former employee may of left with more than there last paycheck. They may have taken valuable intellectual property upon their departure in the form of client lists, drawings, plans, unpublished insider company information, etc. The former employee may also be trying to convince current employees to join the new company.
As a first step in bringing legal action against the former employee in a non-compete enforcement case, the client will often want to obtain a TRO (temporary restraining order) against the former employee. In order to have the TRO granted, the evidence must be gathered in a forensically sound matter by state certified investigator. The client should not discuss the issue with former or current employees, as there is often doubt as to who is really involved. The computer assigned to the former employee should be left untouched. The client should not attempt to recover, view or in any other way alter the data on the computer of the former employee. Allowing an in-house IT person attempt to “investigate” would render any evidence recovered as contaminated. This would greatly hamper any attempt to bring legal action against the former employee.
McCann EI will facilitate a complete and thorough investigation. McCann’s investigators will conduct interviews to gain a full understanding of the situation. The E-Investigator will identify what investigative tools best fits the needs of the client according to the situation. These investigative tools may include computer forensic analysis, surveillance of employees, network breach analysis, or mobile phone forensics.
Only through an investigation conducted by licensed investigators can the client company hope to successfully file suit against and win a non compete enforcement case against a former employee. Key evidence must be gathered in a manner which ensures the integrity of the evidence as presented in litigation.
About McCann EI:
McCann EI’s Texas-based digital forensics team provides a one stop solution for your Electronically Stored Information (ESI) investigative needs. McCann EI’s computer forensics, digital forensics, and electronic discovery investigators serve law firms, private industry, and government with the same dedication and expertise that has had clients turning to McCann for over 25 years.
Call us toll-free at 800-713-7670
Computer forensics, digital forensics, electronically stored information, non compete, non compete enforcement, non compete agreement, private investigations, ediscovery, e-investigations, surveillance, legal, law, family law, network breach, mobile phone forensics, litigation, TRO, temporary restraining order.