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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32535
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hi i am a financial planner. An Associate employee terminated

Customer Question

Hi
i am a financial planner. An Associate employee terminated Jan 2 of this yr. HE stole his non compete. He is trying to compete with me and numerous other issues. I reside in Ohio. He is also trying to water down trade secrets, as well as solicitation of clients. it came to my attention this week, he has been accessing my personal email account. I have obtained IP addresses and assured by my provider the one IP in question is not related to my account. I am positive for other reasons it is his and he accessed my email through his computer because of a password XXXXX with that said. Aside from court order now and how would you address the court order? will that be difficult? i need to confirm who accessed my account regardless.
Then as i understand an IP is like a finger print, will i need forensic experts for testimony
would this fall under civil or criminal etc
intellectual property, trade secrets, he did gain access to client information etc how do i proceed what tools what area would you suggest we pursue a course of action is it cyber stalking what category would be most successful trespassing etc is it worth pursuing he has been a nightmare.
kind regards
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 3 years ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

I'm going to answer your questions in the order that you asked them.

Aside from court order now and how would you address the court order?
I'm not sure what you mean by this. It doesn't make any sense. Can you rephrase?

will that be difficult?
I can't answer this until you rephrase the first one.

will i need forensic experts for testimony?
You will need an expert to testify regarding what they discover about the IP and who owns it and testify as to your email being accessed from that IP, etc.

would this fall under civil or criminal etc?
It could fall under both, although the police aren't as active in prosecuting these as they should be. Generally to get them interested in prosecuting a criminal case you have to prove that the person accessed your email to obtain something of value, usually money.

how do i proceed what tools what area would you suggest we pursue a course of action is it cyber stalking what category would be most successful trespassing etc is it worth pursuing?

Hire a lawyer and let them hire the experts. You have a variety of causes of action including trespassing, conversion (civil form of theft), violation of the non-compete, breach of contract, and likely others that will be developed through a more thorough study of the facts.

As far as whether it is worth pursuing that is always a judgment call on your part. I think it is likely that the judge would grant an injunction to prevent him from working in that field, contacting clients, etc. and would award the attorney's fees against him as well as other possible damages.

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