Judge Lawrence Kahn
Urbanik resigned from Redwood Software. He now works for competitor UC4. While at Redwood, he was in the habit of e-mailing work-related material to his personal e-mail address. Before resigning, Urbanik allegedly downloaded 130 confidential files from Redwood’s database. While not seeking to prevent his work at UC4, Redwood obtained a temporary restraining order barring Urbanik’s disclosure of its confidential information. The TRO rejected forensic evaluation of his personal electronic devices. Redwood’s lawsuit alleged contract breach, misappropriation of trade secrets, and violation of the Computer Fraud and Abuse Act. The court denied Redwood’s request for a preliminary injunction requiring Urbanik to submit to a forensic examination of his personal electronic devices. Redwood failed to show irreparable harm if it did not gain access to Urbanik’s devices. However, Redwood’s records supported an inference that Urbanik downloaded numerous confidential documents before leaving Redwood. Thus, Redwood raised questions going to the merits, warranting injunction barring Urbanik’s disclosure of confidential information and requiring that he not eraseand returnsuch information in his possession.
