Business protection & staff misconduct
We understand the hard work and creative sparks that go in to developing a successful business. We also understand the need to protect your business from those who might seek to damage or steal its key assets for their own profit.All business is at risk of attack from both internal and external parties. Whether driven by greed, envy, frustration or misguided ethics, companies face regular challenges to the integrity of their business.
Fraud and misconduct does not always relate to the misappropriation of tangible assets. It can also include the conduct of employees and competitors in taking advantage of confidential information or intellectual property which, if misused, can have a devastating impact on business.
We work with clients to help them understand areas of risk so that they can better protect themselves. A little bit of work on minimising risk can save a whole lot of cost later on. Where an attack does occur, prompt and decisive action to investigate such misconduct, and to secure and preserve evidence means we can help you protect your interests, working with you to recover damages for loss or for an account of profits made by the offender.
It is worth noting that a proactive response to prevent action being taken to cause you damage can be much more effective than waiting to recover damages for losses suffered after the event. As an example, once a former employee has taken away one of your clients, you may never recover them for the business. You might recover damages, but only to cover part of the real loss and only if the defendant has money to pay you.
However, if you can injunct the former employee to prevent them from contacting the client in the first place, you may retain that client without them ever realising that anything went wrong.
Swift action to defend your business interests and goodwill could include applying for injunctive relief against your former employees and their subsequent employers for breach of employment contracts, sabotaging IT systems, theft of confidential information or breach restrictive covenants. It might also include other injunctions to stop wrongdoers in their tracks and establish the extent of their criminal activity.
Even without a clear breach of contract or restrictive covenants, a former employee or a competitor may be prevented from benefitting from the hard work you have invested in developing your business if their conduct amounts to an infringement of intellectual property rights.
We are specialists in intellectual property disputes and have acted for both claimants and defendants, winning claims relating to copyright, trade mark, trade secrets and allegations of passing off.
For more information on business protection & staff misconduct and to start a conversation on how we can help you please contact Jonathan Stevens, Partner, Head of Dispute Resolution.