An Introduction To Theft Of Trade Secrets Investigations

by Laurence D. Lieb, Managing Director, HaystackID.

The subjects we will be covering include:

• Defining When One Should Reasonably Panic
• Reasonable Triage Steps to Take in Order to Identify if There is Only Smoke or an Actual Fire
• The Importance of Defining “Win” Upfront and the Avoidance of Mission Creep
• Definition and Identification of trade secrets
• Improper Misappropriation as Defined By 18 U.S.C. § 1839(5) (A) and (6)(B)
• Restrictive Covenants and Departing Employees
• Evidence Mapping and Preservation
• Reasonable Forensic Analysis Steps
• Special Considerations Regarding Smartphone Based Evidence
• Agreed Orders To Address Privacy Concerns
• Reasonable Attorney-Client Communication Security Measures
• Civil Subpoena for Carrier Call and Text Message Records

In the first section, we will define and lay out reasonable steps one can take in the event smoke has begun to appear which could indicate fire.

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