A majority of cases involving ex-employee misconduct and computers frequently include the misappropriation of company confidential ESI. When exactly does the ex-employer's suspicions come to this conclusion is often triggered weeks or months later when they learn that the ex-employee has gone to work for a competitor or has launched a competing company of their own and has begun soliciting business from the ex-employer's clientele. Or perhaps the ex-employee starts soliciting the ex-employer's key personnel to join the company they just went to work for.
Whatever the scenario, by the time outside counsel catches wind of these troubling developments, the "tracks" of misdeeds perpetrated by the ex-employee have gone cold. This does not mean that considerable evidence might not still exist, but the urgency to deploy an action plan designed to preserve all digital devices once used by the ex-employee needs to be a top priority. To learn what comes next,
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