Consider a scenario that many in-house lawyers
and HR professionals are all-too familiar with: an employee is terminated or
leaves the company. After the employee’s departure, the company learns the
employee has gone to work for a competitor, and after checking the employee’s
computer, the company learns he plugged in a flash drive and downloaded files
containing confidential information, including customer lists, just days before
leaving. Under this scenario, the employee signed an employment agreement containing
non-compete, non-solicit, and confidentiality provisions.