When an employee leaves their old job ("OldCo") and takes clients, or a particular book of business, with them to their new employer ("NewCo"), OldCo may often opt not to take that loss of business lying down. And when the litigation starts, Employee and NewCo's interests will usually be firmly aligned. After a round or two, however, facts may emerge that places a wedge between their interests, and the question becomes at what point NewCo and employee each need their own separate counsel.
