The proposed agreement would allow a computer forensic expert to have access to all electronic devices to create a “mirror image” of the information at the heart of the lawsuit. That also would be held by Ruffolo, according to Matthews.
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Hilgeman’s attorney, Richard Boucher, told Hogan that the defendants would identify the devices used by Hilgeman and his personal secretary.
Matthews said he thinks “massive information” was acquired before Hilgeman’s departure from HN&B to Cowan & Hilgeman.
Boucher said the information will not be reviewed by the computer forensic expert nor any of the attorneys involved.
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In its lawsuit, HN&B charged that Hilgeman sent an email of resignation at 9:45 p.m. on Friday, May 5 and that he copied that firm’s confidential data onto his own devices.
“Hilgeman … used the firm’s confidential information to contact the firm’s clients for the purpose of inducing them to leave the firm and retain Hilgeman,” the lawsuit claimed.
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In his answer, Hilgeman said HN&B made false statements that were published across various print and social media, including publication in the Dayton Daily News, Facebook, WHIO and other social media accounts.
“Plaintiff’s false statements about Defendants were defamatory and intended to injure Defendants in their trade or occupation and cause them special harm,” Boucher wrote.