Open Letter to a Data Thief (Turned Federal Defendant): Texas Lawyer


Alan Bush and Lee Winkelman are freelance contributors for Texas Lawyer.  Their latest article, “Open Letter to a Data Thief (Turned Federal Defendant) appeared on June 22, 2016.

The federal Defend Trade Secrets Act has given companies a new tool to prosecute employees who steal trade secrets.  Here’s what Alan and Lee had to say about it:

Dear Ex-Employee:

Remember that job you left a couple weeks back? You downloaded the company’s product designs and customer list to your jump drive. The next day, you walked out the door and joined the company’s hottest competitor. You then e-mailed the company’s customers from your new work account, bragging that your new employer was launching products to compete with the company. That’s cute. But you’re not the first Benedict Arnold to try it. Congratulations, here’s a federal lawsuit.

We’re coming at you – with the new federal Defend Trade Secrets Act. Before you leaf through our lawsuit papers, I’ll tell you why this is about to get nasty. The DTSA has some quirks you won’t like…

In the article, Alan and Lee describe the strengths and weaknesses of a federal trade secret lawsuit.

Read the full article for more.