
The founder and majority shareholder of a consultancy business sold his interest to a multinational communications corporation. The contract of sale contained restraint clauses, prohibitions on the removal of confidential information, and non-solicitation of staff and client clauses. After about a year our client, the multinational, became suspicious that he was acting in breach of contract.
We were asked to investigate.
At the outset, we suggested that the individual's desktop and laptop computer be recovered, the hard disks copied and their content analysed. Within an encrypted file on his desktop, we found a draft business plan for a new enterprise which would compete with his former business. On his laptop, in a deleted file that was restored, we recovered details of key clients and revenue streams. It was possible to demonstrate that information had been updated within these files after he had left the company, but before he had returned the computer. Taken together, the evidence was sufficient to initiate proceedings.
