Litigation Investigation: Unfair Sales Practices
Our client, the victim of a competitor who was recruiting away their sales force, called us requesting surveillance services to determine if their customers were being called on by their former employees. The Intelligence Group implemented a nationwide surveillance team to monitor these efforts, and additionally conducted background investigation of existing sales employees to determine where new businesses had been established in advance of territorial sales rep relationships with the competitor. In addition to establishing e-mail traffic filtering with our client's IT team to screen for recruiting efforts, The Intelligence Group assisted counsel in crafting information subpoenas for former company computer assets still in the hands of departed employees. Once obtained, the devices were forensically analyzed for relevant evidence. A new business plan, crafted six weeks before one former employee left our client's firm, was retrieved from one of the computers. Compelling to the court in issuing an injunction was the mission statement of the new business plan: to migrate the existing customers of our client to the new business. Armed with all of this information, our client was successful in enforcing various restrictive covenants against its former employees and curb the efforts of their competitor.