Legal Question in Intellectual Property in Texas
Fair to demand computer files not relevant to case?
My ex-boss is being sued. I am involved because--per his request--I copied a competitor's data. I used my own computer for all company work because it was a telecommuting job.
After quitting, I gave the ex-boss's lawyer the case-related files, and I explained that I did not include unrelated files. He was fine with that then, but now he's changed his tune (probably due to ex-boss's demands). Both now claim all files are required so plaintiff won't fuss about ''deleted files.''
They have threatened to seize my computer, and I am feeling harassed by their demands. I also find the change in tune very suspicious.
Will plaintiff really care about files completely unrelated to case? I have no way of proving that I didn't delete or withhold files, so couldn't my computer still be seized even if I gave them the files? The remaining files are copies of what I had emailed to ex-boss in course of work, so do they have grounds to seize anything? Is there any way I can distance myself from this lawsuit and my scummy ex-boss?
Thank you for your assistance.
1 Answer from Attorneys
Re: Fair to demand computer files not relevant to case?
Counsel is doing what any prudent attorney would do under the new electronic discovery rules. They can demand to copy your hard drive so that the metadata is preserved as well.
Remember, you were the one who took the competitor's data with your computer. Be happy they haven't seized your computer.