Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

TD Bank Trade Secret Suit Highlights Data Theft Risks

Author: Scarinci Hollenbeck, LLC

Date: December 4, 2014

Key Contacts

Back

How will TD Bank recover from this trade secret lawsuit?

Employees often pose the greatest threat to a company’s proprietary information. In fact, a Symantec study found that half of employees surveyed who had left jobs within the past year took corporate data with them. In New Jersey, TD Bank is currently embroiled in a trade secret lawsuit involving a rival bank and a former employee. TD Bank’s lawsuit alleges that its former loan officer misappropriated sensitive customer information, including tax returns and credit approvals, in the weeks prior to leaving his job. He then sent the information to his new employer, Kearny Federal Savings Bank, so it could be used to solicit the clients.

TD Bank Trade Secrets
Photo by Fabian Blank on Unsplash

According to the complaint, Kearny Federal executives “plotted and planned for [employee]’s departure from TD Bank and his employment with Kearny, discussing, in detail, numerous TD Bank clients, customers and deals, and how Kearny could compete for and steal that business.” TD Bank also alleges that its former employee violated a non-solicitation agreement under which he was prohibited from soliciting the bank’s customers during the course of his employment as well as 12 months after he left the position.

The complaint, which seeks a temporary restraining order, includes counts of misappropriation of trade secrets, tortious interference with contractual relationships and prospective economic advantage, unfair competition, unjust enrichment, and civil conspiracy. It also alleges violations of the New Jersey Computer Related Offenses Act, the federal Computer Fraud and Abuse Act, and the newly enacted New Jersey Trade Secrets Act.

To deter a similar trade secret theft, New Jersey businesses can take several key actions to protect their proprietary customer data. One of the most important is to require employees to sign non-disclosure and non-solicitation agreements. Even if a breach were to occur, then the existence of the agreement improves the chances of success in a resulting suit and could allow you to seek an injunction. Think about it – if you don’t have measures in place to protect your intellectual property, why would a court consider such property worthy of protection?

Given the growing risk of employee data theft, it also makes sense to review a departing employee’s computer activities in the months preceding departure. In this case, TD Bank allegedly discovered the theft when conducting a forensic analysis of its ex-employee’s email upon his departure.

Businesses should also be sure to immediately discontinue ex-employee access to documents, databases and cloud storage systems as well as request that all company-owned devices be immediately returned. It only takes a few minutes for a departing employee to transfer a file before waking out the door. In some industries, it may also be advisable (if not required by law or regulation) to notify key vendors, clients, or business partners that the employee is no longer affiliated with the company, so as to prevent any unauthorized disclosures.

As highlighted by the TD Bank trade secret suit, these measures are not foolproof. But they can go a long way to protecting your company’s proprietary data.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!