Update: Purloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases

Katz, Marshall & Banks partner David J. Marshall, along with Senior Associates Alexis H. Ronickher and Alison B. Asarnow, released a 2013 update to "Purloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases."  The update, which Marshall discussed at the 2013 Metropolitan Washington Employment Lawyers Association Conference, discusses recent developments in the law concerning the ethical use of employer data.  Among the paper's topics are:

  • Document Acquisition and Dissemination as Protected Activity;
  • Acquisition and Dissemination of Documents as Pretext for Retaliation;
  • After-Acquired Evidence;
  • Employee’s Potential Civil Liability for Taking Employer Documents;
  • Criminal Liability;
  • Ethics Issues for an Attorney Whose Client has Purloined Documents; and
  • Advising a Client Who Has Purloined Documents.