RedCellSecurity,
Might wanna check out this link, seems like what you are talking about
http//
news.cnet.com/8301-13578_3-9834495-38.html Good luck.
I'm not a lawyer, but this may not apply to RedCellSecurity's case. The news item was relating to a criminal case where the government must maintain freedoms such as the right to not self-incriminate. RedCell is a civil case and such things may not apply. Think about it, what if the ex-employee changed the lock to his office and the corporation could not open that office anymore. I think they would have standing to sue and compel production of the key. The question is, is the data on the hard drive that valuable to warrant a lawyer?
Actually, if you look at the final Boucher appeal (Feb 2009), the court eventually ordered Boucher not to produce the password, but to produce a decrypted version of the drive. This may be applicable to your case.
"Boucher is directed to provide an unencrypted version of the Z drive viewed by the ICE agent."
There's a copy of the ruling on line at the Volokh Conspiracy web site
http//