Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
A recent report by the Ponemon Institute commissioned by Symantec found that nearly 60 percent of departing employees steal company data. Given the amount of information that is electronic it’s not much of a surprise since it is so easy to take data which may be attached to an email, copied to a laptop, loaded to a thumb drive, or copied to a CD. When the departing employee leaves of their own accord, they can plan to take valuable information and may be able to hide their tracks. Often times departing employees want to help their new employers, or so they think, however this can be disastrous to the new employer. This is particularly true when they are unaware that their new employee brought confidential information from a previous job.
Often stealing company information leads to the lawsuits of theft of trade secrets that on the surface appear to be labor and employment disputes. As a result the IT department does not always get involved early enough to help avoid legal problems in discovery.
A few years ago a former employer sued three former employees claiming that they stole trade secrets. The former employer also alleged that one of the former employees wiped his laptop clean before departing which destroyed emails, spreadsheets, and documents which contain confidential information. Based on the representation to the judge, a Temporary Restraining Order was issued against the three former employees to preclude them from using any former employer trade secrets.
Deposition of the CIO
During discovery the former employer’s CIO was deposed, and apparently not aware of what allegations that were made in the court pleadings. So the CIO testified that the day the former employee departed that he took possession of the laptop that had been purportedly wiped clean. That same day the CIO fired up the laptop and testified that there were thousands of emails, spreadsheets, and documents which he copied to his server. Then he turned the laptop over to his staff who “scrubbed” the disk, whatever that meant...and he really did not know. He got the laptop back from his staff a few months later. There was no log or chain of custody documentation regarding the laptop. At the temporary injunction hearing the former employer’s attorney did not know how to defend a claim of spoliation and as a result never got an injunction and the case soon settled.
Before filing a lawsuit the CIO and lawyers should have had a discussion about the evidence concerning the laptop and electronic evidence, and even though the suit was filed it would have been prudent for the lawyers to have properly prepared the CIO for his deposition. Not knowing the claims proved to be a disaster on many levels.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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