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Computer Issues When Key Personnel Defect

By Leonard Deutchman
Pennsylvania Law Weekly

My firm provides digital forensics and e-discovery services. Most of our digital forensics investigations and analyses involve employees who have left their former employers for a rival or to start their own business. Our investigations focus on a constellation of issues familiar to all involved in "departing employee" litigation: whether the departing employee has deleted or destroyed any of the former employer's electronically stored information, copied or sent any proprietary information, such as pricing, customer lists, agreements or technical specifications, or violated any covenants of noncompetition, disclosure and so on. Often our clients come to us when the matter is fresh, with an eye towards seeking injunctive relief in addition to damages.

In Mintel International Group v. Neergheen, No. 1:2008cv03939 (N.D. Ill. July 11, 2008), the court was presented with this array of issues. Review of the opinion will help the practitioner understand not just the computer-related issues in this area of the law but also how they relate to the procedural and substantive issues the practitioner usually sees.

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