incident / General Counsel, HR, and engineering leadership
Concerned a departing employee retained source code?
Keep the response coordinated. A repository event, an unusual export, and a departure date may justify review, but they do not establish what was taken, whether access was authorized, or whether confidential material was later used.
Identify the relevant records
- Record relevant systems, custodians, access windows, and retention schedules for counsel.
- Locate employment or contractor agreements and the applicable versions of policies.
- Keep factual access records separate from conclusions about motive or later use.
Protect the quality of the investigation
Ask counsel and authorized technical personnel to define the collection process, access boundaries, and preservation steps. Avoid altering potential evidence or accessing personal accounts without authorization. Substantive details should go through a screened confidential intake process.
The legal context
Trade-secret status and misappropriation are separate questions. Secrecy measures, authorization, duties, and the nature of the information matter. Employment, privacy, contract, and computer-access rules can add jurisdiction-specific issues.
Source references
General U.S.-focused information, subject to the facts and applicable jurisdiction. No legal advice, representation, or outcome is promised. Research checked 2026-10-10; review substantive facts with qualified counsel.