Erika Birg Published in Fulton County Daily Report

The February 4, 2008 issue of the Fulton County Daily Report includes an article authored by Erika Birg, "Keeping it Safe: Staying alert to protect a company's electronically maintained secrets," in which she reviews DuCom v. State of Georgia. She writes: "In today's electronically maintained work environment, it is becoming increasingly important for employers to protect sensitive business information not just by keeping it under lock and key, but also by taking measures to protect that information electronically, particularly as it pertains to potential employee theft. Recently, in DuCom v. State of Georgia, No. A07A1270, 2007 WL 4153903 (Ga. App. Nov. 26, 2007), the Georgia Court of Appeals affirmed the criminal conviction of an employee who not only stole electronically maintained client lists and files, but who also used her employer's computer system to set up her own new business. Defendant Shan DuCom was tried and convicted for theft of a trade secret, theft by taking and computer theft after it was discovered that she had attempted to wipe out her former employer's, Culver & DeLoach, property management business completely by converting the property management function to her own, newly created entity. DuCom apparently conspired with other employees to start a new firm, used C&D's computers to create new “letterhead and logos, press releases, solicitation postcards and various 'to-do' lists,” as well as to engage in “massive” copying of information maintained on C&D's computer hard drives to discs."

Erika points out that not every employee's actions are going to be so easy to identify as DuCom's as potential criminal theft of trade secrets and confidential information, but if there are suspicions that one or more employees have taken confidential and trade secret information to compete, then there are steps that an employer can take to protect itself and its sensitive business information" These include : Image and analyze the former employee's computer hard drive; Read e-mail; Review print and copy logs; Review cell phone records. "Being alert to the risks presented by an employee's potential departure is important, and if it appears that he or she may be heading for the door with the company's confidential business information or trade secrets, then the company must act quickly and diligently to identify that information, particularly if it is electronic, and protect it."