![]() This is as broad as it sounds-anomalous activity encompasses a broad variety of acts, whether caused by a program (malware) or a user (improper access). IT systems routinely experience “anomalous activity,” meaning any activity that is outside the norm. During the initial assessment with the client, the following discussion points should be raised: There are several additional steps-beyond merely collecting laptops and personal devices-that should be employed to cull further evidence of misappropriation. If possible, that consultation should take place along with a forensic analyst who can assist in collecting pertinent data and analyzing what it shows. Communicating with the client and the client’s technical staff about the IT systems in place is the first step in this process. The process of culling that evidence involves a number of considerations, such as identifying the potential locations where a bad actor may have accessed the trade secreted information, understanding what systems (if any) the client has in place to monitor and document such access, and collecting the records (if any) those systems may generate. Obtaining evidence of this access is therefore critical. ![]() Misappropriation requires unauthorized access: a defendant cannot use or disclose sensitive information without having the ability to access and appropriate that information in the first place. Collecting and Preserving Evidence in a Trade Secret Case Best practices for these considerations is described below. The collection of this evidence for use in litigation. Once located, the preservation of evidence that shows that the targeted areas have been improperly accessed and by whom. The identification of targets that bad actors may look to appropriate confidential, proprietary, and trade secreted information. There are three primary considerations for the identification, collection, and preservation of evidence for use in a trade secrets case: And with information technology being incorporated into every business at a lightning-fast pace, evidence has accordingly become increasingly complicated to source. Yet before a lawyer can focus on what evidence they have to make or defend their case, they must first collect that evidence. Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. To embed, copy and paste the code into your website or blog: How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |