Doral Corporate Espionage Lawyers: Protecting Businesses Against Theft of Trade Secrets

What Constitutes Corporate Espionage?

• Hacking into a competitor’s computer systems to steal data, trade secrets, or other confidential information
• Bribing a competitor’s employees to share proprietary information
• Physically breaking into a competitor’s facilities to access restricted documents or materials
• Posing as a legitimate business to trick a competitor into revealing sensitive information
• Using surveillance, wiretapping, or other illegal means to spy on a competitor

The key element is that the confidential business information is obtained through deceptive, fraudulent, or illegal methods, without the authorization of the rightful owner. This differentiates corporate espionage from legal practices like competitive intelligence research.

Why Is Corporate Espionage Illegal?

Corporate espionage violates a number of state and federal laws, including:

• Trade secrets laws – The Economic Espionage Act is a federal law that prohibits the theft or misappropriation of trade secrets related to products and services involved in interstate commerce. Most states also have trade secret statutes prohibiting theft of confidential business information.
• Computer crime laws – Illegally accessing a computer network or system is prohibited under the Computer Fraud and Abuse Act (CFAA) as well as various state computer crime laws.
• Wiretapping laws – Intercepting communications like phone calls or emails without consent is illegal under federal and state wiretapping laws.
• Trespassing laws – Physically entering private property without authorization can violate criminal trespassing statutes.

In addition to being a crime, corporate espionage also represents a violation of civil laws. A company whose trade secrets were stolen can sue the perpetrators for violations of trade secret and unfair competition laws.

How Can Businesses Protect Trade Secrets?

• Classifying documents and data according to level of confidentiality, clearly marking trade secrets
• Restricting access to trade secrets to employees and partners with a legitimate need to know
• Using encryption, secure networks, and other cybersecurity measures
• Requiring all employees, vendors, and partners to sign non-disclosure agreements
• Prosecuting breaches aggressively to deter future espionage

However, no matter how many precautions a business takes, corporate spies are often relentless. Having robust response strategies in place allows companies to take swift action at the first signs of a breach.

Corporate Espionage Defenses: Fighting the Charges

Once an arrest occurs, the accused individual or company will need an aggressive legal defense. Corporate espionage cases often hinge on complex, technical evidence requiring specialized expertise to challenge. Common defenses include:

• Lack of criminal intent – Arguing the accused did not knowingly and deliberately set out to steal trade secrets. Perhaps they were an employee who took home documents without authorization but not for espionage purposes.
• Information not a trade secret – Determining the nature and extent of the information obtained, and whether it meets the legal criteria for a trade secret. The information may be general industry knowledge rather than proprietary.
• Deceptive investigative practices – Law enforcement may have used questionable tactics when investigating the case, violating the accused’s rights.
• Statute of limitations – Depending on how long ago the alleged theft occurred, the statute of limitations may have expired.
• Authorization – The accused may claim they were authorized to possess the proprietary information as part of their job duties or through an agreement.
• Lack of jurisdiction – Trade secrets laws may not apply if the theft primarily occurred overseas rather than in the U.S.

An experienced corporate espionage lawyer will thoroughly analyze the prosecution’s claims and evidence to identify the most viable defenses. They will also negotiate aggressively with prosecutors to argue for charges to be dropped or reduced.

Why Hire a Corporate Espionage Lawyer?

Facing allegations of corporate espionage can jeopardize your career, company, finances, and freedom. The legal stakes are extremely high, and you need an attorney with specific skills and experience in this area, including:

• In-depth knowledge of trade secret laws – Navigating the complex patchwork of federal and state trade secrets statutes requires an attorney steeped in this area of law. They will understand exactly what constitutes a trade secret versus public information in your industry.
• Understanding advanced surveillance technology – Modern espionage relies heavily on hacking, wiretapping, and other hard-to-detect technologies. Your lawyer must comprehensively grasp these techniques and the digital forensics used to investigate them.
• Ability to take on federal prosecutors – Most corporate espionage cases are prosecuted at the federal level by the Department of Justice. Your lawyer should have experience defending federal criminal cases and taking on the vast resources of the federal government.
• Litigation experience – They must be prepared to aggressively sue on your behalf to recover damages from espionage, even taking cases to trial when warranted.
• Crisis management skills – Beyond legal defense, they will help you manage PR fallout and maintain relationships with customers, stakeholders, and employees.
• Resources and expertise of a large firm – Corporate espionage cases often require teams of attorneys, forensic investigators, and other professionals to mount an effective defense. A large firm offers this depth of resources.