Assume that Eric Smith is a partner in the Labor and Employment group at the prominent law firm of Smith & Jones. Smith’s largest client, Apex Technologies, recently discovered that a competitor has been attempting to solicit and hire all of Apex’s key engineers and technical employees. Worse still, Apex has uncovered, through a forensic analysis of certain key employees’ computers, that those employees have been sending the competitor Apex’s confidential business information and trade secrets.
Eric calls Sarah Simmons, a second-year litigation associate, into his office. Eric tells Sarah the following:
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