AN ANTON PILLER ORDER ALLOWS A PLAINTIFF TO
CONDUCT A SURPRISE SEARCH OF A DEFENDANT’S PRIVATE
PROPERTY IN ORDER TO SEIZE AND PRESERVE EVIDENCE.
An Anton Piller Order is also not an order that prohibits the
defendant from using the impugned information after the search
has been conducted. An Anton Piller Order is only to preserve
evidence that might be destroyed before a trial. A companion
injunction to prevent an employee from using the confidential
information prior to trial must be brought.
Lastly, an Anton Piller Order is not cheap. It is one of the most
powerful tools available in civil law and since it is usually sought
without notice to the employee, the employer’s counsel must present
the court with a fulsome and frank record. This will require
a significant amount of counsel’s time to learn and present a persuasive
case, which can only be done if the employer is willing
to dedicate a significant amount of time and internal resources
to determine the circumstances of the departure. Even after an
Anton Piller Order is obtained from the court, executing the Order
requires the employer to retain an independent supervising solicitor
(ISS), an experienced lawyer who acts as an officer of the court
in monitoring the search process. Although an ISS’s role is to be
a neutral and independent party, ISS’s are not paid for by tax dollars.
The employer must bear this cost if they wish to execute an
Anton Piller Order in addition to costs associated with technical
experts whose help is often required to search and image digital
data that may be uncovered.
However, an Anton Piller Order is effective. With an Anton Piller
Order in hand, the employer can, without warning, demand access
to the employee’s property. The ISS will advise the employee that
peshkova / 123RF Stock Photo 10 ❚ APRIL 2018 ❚ HR PROFESSIONAL