Cobalt successfully represented TREV-2 Group in a lawsuit involving a former employee sending several sensitive employer materials to their personal e-mail address shortly before the termination of his employment.
According to Cobalt, the “materials were revealed to the employee during their employment time. Naturally, every employer would question the real intent and permissibility of such an activity. Doubts about its legality are further increased if the employee starts working for a direct competitor of the former employer, as in this case. TREV-2 Group was convinced that sending business secrets to a personal e-mail could not be related to work duties, but rather to the desire to grow one's know-how and use it for personal benefit. As a result, TREV-2 Group filed a lawsuit against the former employee, claiming a violation of the obligation to keep business secrets and demanding a fine.”
According to the firm, “neither the County nor District Court saw a violation of the employee's obligation to keep business secrets, as the employee was not prohibited from using his personal e-mail. However, the Supreme Court took a broader approach and agreed that a situation where an employee sends sensitive materials to his personal e-mail, which are not necessary for his work duties can still be considered a violation of the use of business secrets according to the Restriction of Unfair Competition and Protection of Business Secrets Act and violation of the duty of loyalty according to the Employment Contracts Act.”
The Cobalt team included Managing Associate Kadri Michelson and Junior Associate Dina Tanaga.