Our McCann investigators have worked on hundreds of cases involving non-compete violations. These complex investigations involve the use of McCann’s exceptional resources, assets and investigation tools to gather evidence to support the client’s case. Gathering sufficient evidence supporting the non-compete violation is key in obtaining a temporary court injunction to halt the violation and to take steps to begin recovery efforts.
Is a former employee attempting to start a new venture in violation of a non-compete agreement? How can you prove this? In order to obtain a temporary restraining order (TRO), it is important to substantiate the claims that the employee has downloaded proprietary company information, such as client lists, pricing information, trade secrets, designs or plans. The best practice in proving such a claim is employing a licensed computer forensics examiner who can document that the data has been downloaded. When the investigation goes beyond the digital realm, McCann employs other investigation tools such as surveillance, undercover work and detailed reporting that can be used legally in civil proceedings.
Many non-compete enforcement violations encompass a component of intellectual property theft. Often there is a gray area as to whom the intellectual property belongs – it could be to the developer who created the idea, or the company that provided the resources for the developer.
It is key that employers have tight non-compete agreements in place to ensure that any intellectual property developed belongs to the company. The theft of intellectual property can be facilitated by internal sources such as current or former employees who access and download proprietary data to either use for their own personal gain or to give to company competitors.
Intellectual property theft can cause significant harm to a business, both in terms of revenue and reputation. To learn more about McCann’s non-compete violation cases, please click on the links below, or read McCann’s Case Study: Enforcing and Non Compete Agreement