Scenario · Technology · IP and trade secret investigation · New York and London
Preserving evidence at a London subsidiary for a US trade secret claim
Typical client: A US technology company with a London subsidiary
A composite scenario based on the kind of work we are instructed on. Identifying details are removed and it does not describe a specific client.
How we would help a US parent company secure laptop, Microsoft 365 and phone evidence in London when a senior engineer leaves for a competitor.
The challenge
A US technology business learns that a senior engineer at its London subsidiary has resigned to join a competitor. Its New York counsel suspects source code and customer lists left with him. US litigation is likely, but the devices, mailboxes and staff are in England, and UK GDPR applies to every byte of personal data.
Our approach
We would attend the London office promptly to forensically image the returned laptop and the company phone, and collect the Microsoft 365 mailbox, OneDrive and Teams data using defensible, logged methods. Chain of custody would be recorded from the first minute. We would then look for USB connections, cloud sync activity, bulk downloads and deleted files in the weeks before resignation, and map what the data contains before anything crosses the Atlantic, so the transfer to US counsel has a documented lawful basis.
The outcome
US counsel would receive a clear timeline of the employee's activity and forensic images prepared to stand up in both the English courts and US federal proceedings. Personal data would be minimised before transfer, and our examiner would be ready to give an expert report or testimony if the matter proceeds.