Intellectual Property Theft: How to Stay Out of the Penalty Box

An acrimonious court case between two athletic gear companies provides strategies for discouraging intellectual property theft

10. Create a litigation response team. The idea behind a litigation response team, Lange says, is to have a single response to an accusation rather than distinct reactions from different offices. "We see a lot of mistakes when one department goes down its own path without anyone knowing," Lange says. The team should be able to assemble quickly and should include CSO, counsel, HR, a forensics expert, IT and a representative of the company's ISP.

11. Be ethical, no matter what. A trade secret misappropriation case will involve many employees with varying ethics. Some may want to bend or break the rules to protect themselves or the company. Your obligation is to the company, but also to the Right Thing. If it appears support is rising for some questionable act, you are duty-bound to assert why it would be wrong and the ramifications, including your declining to participate and possible need to report the incident. It might be a good idea to show them a copy of trade secret misappropriation cases and the results of those cases when evidence was destroyed or manipulated. Have counsel or forensics experts explain why such acts won't work anyway.

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