EMPLOYEE MOBILITY EXPERT WITNESSES & TESTIFYING CONSULTING LAW FIRM ADVISORS

Employee mobility expert witnesses and testimony consultants look at different areas related to how staffers move between organizations, and the legal and business implications of that movement. Depending on the nature of the dispute that the field’s most popular and top employee mobility expert witnesses are tracking—whether it involves non-compete violations, trade secret theft, or wrongful recruitment—different types of consultants may be needed to offer specialized testimony. We consider the most common types.

1. Employment Law Experts
Have legal backgrounds, generally as attorneys or legal scholars, and specialize in employment contracts, non-compete clauses, non-solicitation agreements, and confidentiality provisions. Leading employee mobility expert witnesses analyze the enforceability of such agreements and whether they were reasonably applied or violated. Testimony can be crucial in cases involving allegations of contract breaches or employee poaching.

2. Human Resources (HR) Experts
HR employee mobility expert witnesses focus on internal hiring, onboarding, and offboarding procedures. Reviewers assess whether companies followed proper protocols when bringing in a new employee or when an employee left. KOLs also evaluate HR policies related to exit interviews, knowledge transfers, and data protection. Their insights are vital in determining whether standard practices were followed during transitions.

3. Trade Secret and Intellectual Property (IP) Experts
Such employee mobility expert witnesses specialize in identifying, protecting, and managing intellectual property and trade secrets. In mobility-related cases, they evaluate whether a departing employee took confidential information and whether reasonable steps were taken to safeguard proprietary data. Pros tend to assist in cases involving alleged misappropriation under the Defend Trade Secrets Act (DTSA).

4. Executive Recruitment and Talent Acquisition Experts
In cases involving high-level hires or competitive recruitment practices, executive search employee mobility expert witnesses analyze whether recruiting efforts crossed ethical or legal lines. This includes evaluating whether a company improperly lured workers from a competitor or breached industry norms around solicitation.

5. Industry-Specific Experts
Certain mobility cases require knowledge of specific industries like tech, finance, or healthcare. Industry employee mobility expert witnesses provide context on what constitutes normal worker movement, standard competitive practices, and common confidentiality expectations.

Typical employee mobility expert witnesses come from differing professional backgrounds. Selecting the right type depends on the specific legal and factual issues involved in the case—making their expertise vital in resolving disputes over staff transitions.