Legal Updates

One may receive an order of search and seizure at the home of an employee upon showing existence of a trade secret and apprehension of larceny thereof

March 5, 2017
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An employee took confidential clientele list after a hearing and before being terminated and in the hearing it was discovered that he has done this several times before.  The company filed a motion for an order of receivership of the employee personal G-Mail electronic mailbox at his home, known as "Anton Piller".

 

The Regional Court held, providing an "Anton Piller" order one must show the existence of the alleged trade secret and a real suspicion of injustice. In this case, the Court held after hearing the witnesses that the company's clientele list is a trade secret that should be protected and that there is a real suspicion of wrongdoing by the employee and trade secret misappropriation. Also, the Court dismissed the employee’s claims that the order is to be canceled due flaws in it, on the other hand the Court accepted the company’s claims that there is no justification for cancellation of the order when it comes to technical flaws.

 For full disclosure, the office of Afik & Co., attorneys Shira Porat Zaken and Yair Aloni, represented the company.