Take an Active Role When Working Cases with Attorneys
These days a great deal more is required of an attorney before the motion for injunctive relief can be filed. You can help them meet their professional obligations by providing advice on the preliminary steps that need to be addressed to preserve electronically stored information. The attorney must first establish a litigation hold of all potentially relevant electronically stored information. Once this is done you will be in a position to examine the available electronic evidence in a forensically defensible manner to determine if there is actual proof that underlies the claim that the former employee took confidential information that can be used by the new employer to its financial advantage. Only then will the attorney be able to meet the evidentiary burden required when seeking a temporary restraining order against the use of such information. The attorney needs to have the technical expertise to manage these issues or he needs to find someone who does who can quickly help him build the case. Thus, you may be able to help much sooner in the process than you might think.