• Secret Profits and Semiconductors
  • June 2, 2011 | Authors: Joseph Lampo; Nicholas Robertson
  • Law Firm: Mayer Brown International LLP - London Office
  • What can an employer do if it finds out a senior employee is using his or her position within its organisation to secretly profit from the business the employer undertakes? This was the question recently considered by the Scottish Court of Session. The decision provides some useful tips for employers on what to do when there is a conflict between the actions of an employee and the employer’s best interests. In the event a potential conflict is proven, the case also illustrates how the employer can go about clawing back any of the profits earned by the employee.