Jenner & Block

“What Do You Do When an Employee With Access to Your Company’s Trade Secrets Leaves to Work for a Competitor?” Employee Relations Law Journal, Vol. 32, No. 2.

In this article, Jenner & Block Partners Rick Richmond and Kelly M. Morrison and Associate Eugene Lim explain that millions of pages of information can now be transmitted globally at unprecedented speeds through flash drives or cloud storage.  They caution that “your company would be well-advised to consider rigorous off-boarding procedures for employees who may potentially cause irreparable harm by taking your trade secrets with them.”  They then offer strategies that companies can use to prevent this from happening.  “A company’s best chance of protecting its trade secrets may be through immediate termination of the departing employee’s access to confidential data, collection of devices and data used by the employee, preservation and analysis of that data, and continued monitoring for unauthorized access,” they conclude.