To Delete or Not to Delete? Illinois Federal Court Helps Answer Question for Employees Changing Jobs

Illinois, Employment Agreements, Spoliation, Confidentiality Clauses, Trade Secrets

A common issue in employee transitions is how to deal with company information on an employee’s phone or personal laptop. Should the employee simply delete it? Or should a forensic copy be made before deletion to preserve evidence in anticipation of litigation?

A recent decision by U.S. District Court for the Northern District of Illinois gives comfort to those who opt for the more pragmatic approach of simply deleting the data. Even so, the case suggests steps that could have been taken to avoid litigation and a claim of destruction of evidence.  Continue reading