Legal Question in Intellectual Property in New York

Re: email hacking

It is potentially a breach of fiduciary duties, and perhaps one or two other things relating to improper use of various intellectual property of the company - all of which are civil claims. To be certain would require an in depth analysis of the actions of the former employee.

Depending upon the type of violations discovered, it could be possible to seek injunctive relief through an order to show cause - but, again, this would require in depth analysis.

If I can be of further help, please feel free to get in touch.

Re: email hacking

This exact situation happened at a corporation while I was their in-house counsel. Corporate employee in the scope of his employment registers a domain name (not in the name of the corporation, but in his own name), controls the website content and email access, then leaves the company and won't give it back.

It's a complicated situation to straighten out, to be sure. There are so many things wrong with the situation that I cannot even begin to explain it here.

What your company needs to do is immediately retain counsel, and that counsel needs to do immediate damage control (injunction). Subsequently, cleaning up the mess could be easy if the former employee gets really scared of what can happen to him. Or, it could be a fight to the death. One never knows.

Please retain an attorney immediately to protect your rights!!

Good luck!

Sarah