Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 4, 2014
The Firm
201-896-4100 info@sh-law.comEmployees often pose the greatest threat to a company’s proprietary information. In fact, a Symantec study found that half of employees surveyed who had left jobs within the past year took corporate data with them. In New Jersey, TD Bank is currently embroiled in a trade secret lawsuit involving a rival bank and a former employee. TD Bank’s lawsuit alleges that its former loan officer misappropriated sensitive customer information, including tax returns and credit approvals, in the weeks prior to leaving his job. He then sent the information to his new employer, Kearny Federal Savings Bank, so it could be used to solicit the clients.

According to the complaint, Kearny Federal executives “plotted and planned for [employee]’s departure from TD Bank and his employment with Kearny, discussing, in detail, numerous TD Bank clients, customers and deals, and how Kearny could compete for and steal that business.” TD Bank also alleges that its former employee violated a non-solicitation agreement under which he was prohibited from soliciting the bank’s customers during the course of his employment as well as 12 months after he left the position.
The complaint, which seeks a temporary restraining order, includes counts of misappropriation of trade secrets, tortious interference with contractual relationships and prospective economic advantage, unfair competition, unjust enrichment, and civil conspiracy. It also alleges violations of the New Jersey Computer Related Offenses Act, the federal Computer Fraud and Abuse Act, and the newly enacted New Jersey Trade Secrets Act.
To deter a similar trade secret theft, New Jersey businesses can take several key actions to protect their proprietary customer data. One of the most important is to require employees to sign non-disclosure and non-solicitation agreements. Even if a breach were to occur, then the existence of the agreement improves the chances of success in a resulting suit and could allow you to seek an injunction. Think about it – if you don’t have measures in place to protect your intellectual property, why would a court consider such property worthy of protection?
Given the growing risk of employee data theft, it also makes sense to review a departing employee’s computer activities in the months preceding departure. In this case, TD Bank allegedly discovered the theft when conducting a forensic analysis of its ex-employee’s email upon his departure.
Businesses should also be sure to immediately discontinue ex-employee access to documents, databases and cloud storage systems as well as request that all company-owned devices be immediately returned. It only takes a few minutes for a departing employee to transfer a file before waking out the door. In some industries, it may also be advisable (if not required by law or regulation) to notify key vendors, clients, or business partners that the employee is no longer affiliated with the company, so as to prevent any unauthorized disclosures.
As highlighted by the TD Bank trade secret suit, these measures are not foolproof. But they can go a long way to protecting your company’s proprietary data.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!