"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential Business or Personnel Information for Use in the Employee's Personal Litigation

The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets stealthily collects confidential information belonging to the employer. The employee uses a work laptop to access this type of information on the company computer system. This information may be as simple as a few emails, but it may also be strategic business plans, revenue forecasts, new business targets, personnel files, executive deliberations on promotions, legal advice from counsel, records of transactions on a government contract, discount pricing information, or other trade secrets or privileged information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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