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Departing Employees

By Jason Park

Most companies have taken care to ensure that new and departing employees have completed Human Resource files with nondisclosure agreements, non-competition agreements (where applicable), invention and assignment agreements and various other agreements, acknowledgements and forms. Are companies doing enough to protect themselves from intellectual property theft by departing employees and consultants?

Typically, departing employees turn in their keys, access cards, and computers on their last day. The keys are reused, access cards destroyed, and the departing employee's computer makes its way back to the IT department to be reformatted and reissued to a new employee. When companies reissue computers without making a forensically sound copy of the hard drive prior to reformatting, they hinder their ability to proactively prosecute theft of intellectual property by departing employees.

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