Non-Compete Agreement…..Who Cares?

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In the fall of 2018, Texas Investigative Network, Inc. was engaged by an out-of-state corporate client to conduct covert, mobile surveillance of an employee who had been recently terminated.  Our corporate client suspected the Subject was meeting with and sharing proprietary information with competitors and, in doing so, was in violation of his non-compete agreement.  Our client had knowledge of the Subject’s plan to attend an industry-related conference in Houston, TX and wanted evidence that the Subject was communicating with our client’s competitors.

To gain access to this conference and in order to discreetly observe all our Subject’s activities, TIN Investigators had to develop a suitable and convincing pretext for attendance at this exclusive, two-day conference.   Eventually, TIN Investigators obtained covert video and discreet photos of the Subject conversing with various conference attendees and immediately connecting with and following up with conference speakers via social media.  On one occasion, our Subject unexpectedly initiated a conversation with one (1) of our Investigators and gave out his business card – which listed himself in a management position for another company (not even two weeks post-termination).  On the second day of the conference, TIN Investigators discreetly captured video and photos of our Subject approaching and engaging in a conversation with a major competitor of our client, thus creating a direct and clear violation of his non-compete agreement.

Upon conclusion of this assignment, TIN was able to arm our corporate client with work product in the form of photos, video evidence, and documented reports.  This validated their suspicions as to the Subject’s continued, active involvement within the industry and his ongoing communications with our client’s competitors.  Once again, TIN Investigators demonstrated the ability to work innovatively, discreetly and in various settings, utilizing covert surveillance equipment to capture evidence favorable for our client, from an unsuspecting Subject.

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