PLI’s Noncompetes and Restrictive Covenants 2020: Managing a Key Employee Departure and Avoiding Trade Secret Theft

San Francisco, CA

Practising Law Institute (PLI)
685 Market Street, First Floor
San Francisco, CA

James P. Flynn, Member of the Firm, will participate in a panel discussion titled "Managing a Key Employee Departure and Avoiding Trade Secret Theft" at Noncompetes and Restrictive Covenants 2020, a one-day program hosted by the Practising Law Institute (PLI).

Employees are a company's greatest assets and greatest threat to trade secrets. Each time an employee moves to a competitor, the former employer needs to immediately determine whether and what steps may be necessary to protect itself, all while the employee and the new employer should be evaluating and minimizing the risks posed by the change in employment.

  • Assess the risks posed to all parties when an employee leaves for a competitor
    • An employee who departs with information and relationships poses a risk not just to the former employer’s legitimate business interests, but risks exposing the new employer cross-contaminating of technology and other liability. Understanding where the risks are is critical to limiting or preventing altogether the potential harm.
  • Evaluate options and decide when to seek injunctive relief
    • Not every departing employee poses the same risks, and no company will pursue, or needs to pursue, every employee who leaves. Learn how to differentiate between those departures that require action and those that done, and what action is required.
  • Understand what your internal capabilities are, what forensic options are available, and when to use which
    • How to preserve and assess perishable audit logs.
    • What nonstandard electronic data sources should be evaluated.
    • IT dos and don’ts: how to preserve the data for future use in court.

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