Employers victimized by trade secret misappropriation
appropriately express righteous outrage, both at the offending
ex-employee and sometimes at the new employer. However, on another
day the roles can reverse: That same employer may unwittingly
— or worse, intentionally — have hired someone who has
stolen trade secrets or confidential information. Failure to take
appropriate precautions or implement sufficient remedial measures
can expose the hiring employer to a variety of civil, and even
potentially criminal, claims. Burying your head in the sand is not
a winning strategy, especially given how easy technology has made
it to copy and take confidential information.
The following tips can eliminate or minimize this risk and/or
mitigate the consequences of having hired an individual who has
misappropriated trade secrets. Prospective prevention steps
include: