Partner Kunal Shah obtained a substantial seven-figure recovery for a Texas land surveyor who brought claims against a competing land surveying company for misappropriation of trade secrets under the Texas Uniform Trade Secret Act (“TUTSA”) and hacking under the Computer Fraud and Abuse Act (“CFAA”). In addition to being delayed by the Covid-19 pandemic, discovery was further complicated by several defendants asserting their Fifth Amendment Privilege against incrimination during depositions and in discovery responses, leading to unprecedented discovery disputes.

Kunal and his team were able to compile a plethora of evidence against the defendants by serving subpoenas on internet service providers and software companies, which ultimately linked the hacking and misappropriation back to the defendants. The magnitude of undeniable evidence against the defendants fueled the win for Mayer’s client after three hard-fought years.

The competitive job market has led to an uptick of claims resulting from departing employees misappropriating company information or breaching their covenants not to compete and/or solicit. Mayer LLP’s employment team is highly specialized in all aspects of post-termination litigation, from filing and defending against temporary injunctions ordering former employees to stop using and to return information, to complex litigations involving loss profit and unjust enrichment damages.