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Disputes over trade secrets and confidential information have increased dramatically in recent years. Often arising after a business hires an employee from a competitor, a proposed acquisition falls through, or information is leaked through overseas operations, these cases expose companies to large financial damages, crippling injunctions and even criminal prosecution.
A swift but carefully managed response is critical to managing those risks. An immediate internal investigation can help management take decisive action that may head off civil or criminal litigation. Even if a lawsuit ensues, quick action can help contain contamination and limit liability.
Preserve electronic evidence. From the very outset, take steps to prevent the destruction of electronic evidence, including transient metadata and other evidence that may be lost during routine business operations. Independent investigators should collaborate with a technical team capable of freezing electronic records and be able to work closely with in-house IT staff, who often can implement retention measures on the back end without alerting potential witnesses.
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