Joseph Lazzarotti writes:
What is a company’s recourse when a former employee deletes e-mails and other company electronic information before he leaves? A case from Indiana provides a lesson.
When Meridian Financial Advisors began serving as Receiver for bankrupted OCMC, Inc., it took possession of a number of OCMC computers, including one belonging to Joseph A. Pence, OCMC’s President and CEO. In the course of its investigation, Meridian learned that OCMC employees, including Mr. Pence, had deleted e-mails and computer documents detailing improper conduct just before leaving OCMC. Meridian filed suit against Pence and others in connection with OCMC’s collapse, including a claim for civil damages under the Computer Fraud and Abuse Act (“CFAA”) for damaging OCMC’s protected computers. Meridian Fin. Advisors Ltd. v. Pence, No. 07-995 (S.D. Ind. 1/14/11).
Read more on Workplace Privacy Data Management & Security Report.