What to Do When a Departing Employee Downloads Information
Learn what your options are when dealing with an employee that took company information.
Upon learning that an exited employee downloaded and transmitted company and client documents to his personal cloud storage account your first thought will likely be … what can I do about it? What are the legal options that apply in this situation? Under the CFAA it appears that your former employee clearly exceeded their authority when they downloaded documents on the way out the door. However, the U.S. Supreme Court begs to differ. This white paper reviews recent case law to provide insight on what your options are if you are faced with this situation.
Bennett L. Epstein is a partner and labor and employment lawyer with Foley & Lardner LLP. He practices exclusively in the area of labor and employment law and has extensive experience in resolving disputes between executives and their employers, including conflicts concerning age discrimination, written and implied employment contracts, and financial or sexual impropriety. He is an authority on civil rights, downsizing, the FMLA, Sarbanes-Oxley whistleblower claims, union negotiations and the Americans with Disabilities Act. Mr. Epstein is a member of the firm's Labor & Employment Practice and the Health Care Industry Team.
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