Although not strictly limited to intellectual property, I found a recent article by my colleague Maureen Dwyer of the Pepper Hamilton labor and employment group to be very useful. The article describes what an employer should do when it believes that an employee may be stealing from the company. A Maureen discusses, investigation of the incident should include steps such as:
- gather facts and compile documentation (information about witnesses, documents and physical evidence)
- perform audits of computer records, financial records, etc.
- preserve documents/evidence (e.g. computerized records, e-mails, videos)
- maintain the chain of custody, to restrict handling of evidence, and to document the movement of physical evidence.
The article also discussions precautions to consider when using surveillance cameras and conducting employee interviews, as well as steps to avoid defamation claims. For the complete article, click here.