David W. McGrath
Phone: 603.627.8255
Fax: 603.641.2349
dmcgrath@sheehan.com
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A sales manager with a non-disclosure and non-solicitation agreement informed us yesterday that he plans to open his own competing business next week. Should the company take steps to safeguard our computer information?
Thursday, June 30, 2005
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| Yes. The company must ensure that the employee has not pirated the company's confidential information. Among other things, the company should immediately terminate the employe4e's access to computer files and require the immediate return of all company property, such as laptops, PDAs or other electronic devices. In the event of suspected breach of non-disclosure or non-solicitation agreements, companies should download departing employees' e-mail and that of close associates to determine if there is a basis to support the suspicion. Finally, companies should segregate departing employees' computers and preserve all electronic information. Because this often implicates chain of custody and other evidentiary issues, companies should consult with counsel and forensic computer experts to assist in this regard.
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