In Mintel International Group v. Neergheen, No. 1:2008cv03939 (N.D. Ill. July 11, 2008), the court was presented with this array of issues. Review of the opinion will help the practitioner understand not just the computer-related issues in this area of the law but also how they relate to the procedural and substantive issues the practitioner usually sees.

Mintel International Group provides consumer, product and market research to clients worldwide. Meesham Neergheen worked for Mintel’s marketing department starting in June 1997, but did not sign an employment agreement until June 1998. The contract stated that Neergheen could not compete against Mintel for the 12 months following his departure and that he could not use or disclose trade secrets or other proprietary information. In August 2003, Neergheen signed a “non-compete agreement” which contained similar non-compete and non-disclosure provisions. In April 2008 Neergheen resigned from Mintel. A search of Neergheen’s work computer revealed that on his next to last day of work he had copied, printed and e-mailed to his personal account client lists, vendor lists and “strategic documents.” Neergheen immediately went to work for Datamonitor Inc., a competitor. Mintel filed a seven count complaint against Neergheen and sought, in addition to damages, a temporary restraining order and preliminary injunction barring him from working for or giving Mintel’s information to Datamonitor.

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