This blog entry is a continuation of Calling the Cops, part one.
In our last post, we discussed the main concerns that companies involved in trade secret theft must consider before “calling the cops” and referring the theft to the Department of Justice for investigation. Now, we look at some additional factors that come into play after the decision to report has been made.
Additional Concerns Associated with Referring a Trade Secret Case for Criminal Investigation
The decision to make a referral is an important first step, but how that first step is taken can affect whether it is, in fact, a good idea. A manual from the Department of Justice provides a good starting point—for victims, at least—for figuring out how to report trade secret theft and other intellectual property crimes. But for all parties to trade secret misappropriation, there are considerations beyond those covered in that publication. For example, when communicating with the U.S. Attorney’s office about trade secret misappropriation, it is important for a company and/or its counsel to recognize that such communications are not privileged. Therefore, information sharing must be done very carefully to avoid weakening one’s position in any pending or potential civil litigation, whether a plaintiff or a defendant. Continue Reading »