Katrina Documents Must be Returned

I was glad to see the Eleventh Circuit affirm the District Court's order requiring two former adjusters, now employed by Dickie Scruggs, to return documents to their former employer, E. A. Renfroe & Co.  The Eleventh Circuit reviewed the district court's order only for an abuse of discretion.  The court found that the trial court appropriately applied the four factors controlling whether to issue a preliminary injunction.  I really look forward to commentary concerning the tactic that was employed to obtain the documents: taking custody of relevant evidence by becoming the attorney and then employer of individuals working for a party with adverse interests.  If lawyers will be permitted to follow this strategy, no company will be able to protect the confidentiality of its information.

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