We are seeing an increase in claims of misuse of confidential information.
Often this will arise from a breach of a confidentiality or non-disclosure agreement. However, unfortunately, more often than not, the culprit is a former employee of the complainant.
Bennett & Philp can provide comprehensive advice on steps you can take to not only protect your confidential information from theft but also steps you can take against those who misuse your confidential information for their own gain or the gain of their current employer.
We have experience in obtaining and conducting Anton Piller orders (search orders), conducting searches, and obtaining urgent injunctions against misuse.
Often evidence of misuse of confidential information will be in electronic form and forensic experts are required to ensure that evidence is obtained in an appropriate manner. Bennett & Philp’s IP team has access to a network of experience forensic experts who can conduct Anton Piller searches in an appropriate manner and obtain forensic images of any evidence. If misuse of your confidential information involves computer programs or software, we also have access to a network of computer experts who can analyse the evidence to determine if your confidential information has been misused.
Our IP Team has extensive experience in computer programming across varying industries including web design, billings systems and encryption and are well placed to act in misuse of confidential information matters no matter which side of the dispute you are on.
One of our recent, leading confidential information cases was Leica Geosystems Pty Ltd v Koudstaal (No 3)  FCA 1129.