Non-Compete Enforcement & Computer Forensics

June 27, 2011 · Non-Compete, Recent Cases

Did A Former Employee or Partner Take More Than Just Last Paycheck?
Has Client Information Been Exported, Data Deleted, or Is Active Hacking of Network Occurring?

The enforcement of the best written non compete agreements can be difficult. Many companies are now using non-compete contracts with employees to ensure that present and former workers are not collaborating with competitors or using private company information or trade secrets at another company. If you have reason to believe that a former employee has broken this contract and taken proprietary information in order to leverage it with your competitors, it is important to take action immediately to build a case that will hold up in court.

Since this situation usually involves the use of computers to steal data, you’ll need experienced and professional investigators with working knowledge of technological forensics work. The solution? The computer forensics specialists at mccann investigations.

Recovering evidence

It’s important to make your case as quickly as possible and follow the correct legal procedures in order for it to have the best chance of being favored by a judge. You’ll also need solid evidence that is considered valid in court, meaning it cannot be obtained from individuals who are a part of your company. A mccann technician will begin by investigating instances of downloaded client lists, pricing lists, software code and other types of private information being taken off of your company computers. (read more)

Computer forensics specialists have experience in finding the virtual evidence that’s hidden in emails, internet histories, files and networks. For example, if you suspected that a salesperson at your company downloaded customer files prior to leaving your company, a technician will acquire a forensically sound image of the device in question that can be used in court. It is important to remember that evidence can be considered contaminated if the imaging is done within the company filing a complaint, so seeking out a professional is essential to building your case. Mccann investigations’ experts will then analyze the data found to determine what information is useful and upload it into an in-depth analysis tool that allows the client, counsel and researchers to view the recovered data.

Field surveillance & interviewing

After it has been established that a former employee has indeed downloaded private company information for his or her own use, mccann investigators will instigate surveillance of the person in question. By finding out where the former employee is going and who they are talking to, investigators can further explore how the worker is using your company’s information.

In addition to tracking the former employee’s activities, mccann investigators will conduct interviews with current employees, clients and other relevant parties to gather more information about the worker in question. By performing a thorough inquiry into multiple aspects of your case, our researchers can provide a comprehensive report on any wrongdoing.

Reporting & testimony

The success of your case depends on the value of the evidence collected and testimony provided, and the accredited investigators at mccann are invaluable in this regard. It is essential to remember that the integrity of your evidence depends on it being obtained in a legal manner, meaning that for it to be considered uncontaminated, it must be uncovered by a third-party member outside of your company. (read more)

After a clear body of evidence has been gathered, our technicians will compile the findings into a report with insight into what the data and surveillance has revealed. This report can then be used as forensically sound data to proceed with court filings and to obtain a temporary restraining order (tro).

A tro is a short-term court order that prevents the former employee from making any other moves to divulge your company’s private information. In order to successfully obtain a tro against a former employee, you must prove that without it you would suffer damages if the order were not issued. The technicians at mccann have years of experience not only in computer forensics, but also in legal proceedings, and are more than able to provide expert testimony and advisement on how to proceed with your case.

If your company is under attack from a former employee, it might seem like the most efficient way to handle it is from within your own company. However, the experts at mccann can provide extensive and knowledgeable investigation, analysis and review of your situation in a manner that holds up in any court case you might enter into. If you suspect that a former employee has taken valuable company information in order to unfairly compete against your company, it is important to act quickly to ensure that your organization’s security remains intact. Mccann investigations can provide you with the evidence and support you need to maintain what is rightfully yours.