November 27, 2017 | The American Lawyer’s Litigation Daily

The Danger of 'Autofill' and Inadvertent Disclosure in Employee Mobility Matters

1 min

A blog post by Tom Wallerstein and Juan Aragon, "The Danger of 'Autofill' and Inadvertent Disclosure in Employee Mobility Matters," was featured in the November 27, 2017, issue of The American Lawyer's Litigation Daily. An excerpt:

The Federal Rules of Civil Procedure were amended in December 2015 to help mitigate the risk of inadvertent disclosure of privileged information present in virtually every litigation. Such risk, however, is particularly acute in litigation involving trade secrets, non-competition, non-solicitation, and/or non-disclosure agreements.

Employee mobility litigation poses a special risk for inadvertent disclosure because of the email address "autofill" function common in various email programs. Needless to say, employees use work-issued email accounts. Even after the employee leaves the company, the email account often remains active and may be monitored by the former employer, especially if the employee and company become litigation adversaries.