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 Trade
Secrets and Intellectual Property:
One of the most important assets of a modern company
is its intellectual property. Competitors and employees
alike recognize this. Problems arise when misguided
people take it upon themselves to benefit from the work
of others, without proper compensation or permission.
Usually, management learns of an intellectual property
problem when an employee separates from the company,
a new competitor surfaces, or a competitor makes unexpected
gains. Most of the time, the Victim Company has little
information, a lot of suspicions, and little time to
resolve the issues.
ESI International can help get the information necessary
to formulate an appropriate response, whether it is
civil litigation, successful criminal prosecution, or
an amicable settlement with the offending party. ESI
International will gather evidence, take statements,
and develop sources of information that allow our clients
to prevail in these difficult cases. Our experience
and success in pursuing these cases, in civil as well
as federal criminal venues, is indispensable to clients
who face these issues.
Case Studies:
A business, which based its entire product line on proprietary
processes and secret chemical formulas, contacted ESI
International when a key employee, its chief chemist,
left his employment with the company abruptly. Immediately
after the chemist received his annual bonus, he returned
to the company premises after closing and cleared out
his personal property, as well as a number of company
files related to the work that he had been doing. The
chemist then vacated his residence, leaving no forwarding
information.
ESI International began a process to locate the chemist,
who had intentionally dropped out of sight. ESI International
located the missing chemist, and began efforts to discreetly
determine if he was using the stolen technology.
In a short period of time, ESI International’s
investigation identified the chemist’s conspirators,
and documented their newly formed business which was
set up to compete with the Victim Company. ESI International
then obtained samples of their products, which were
found to be identical to the Victim Company’s products,
and were produced using the proprietary processes and
formulations stolen by the chemist from the Victim Company.
As the investigation progressed, ESI International obtained
the cooperation of an informant who divulged details
of the scheme to deprive the Victim Company of its secrets,
and the plans of the new enterprise to capitalize on
the theft. This matter is currently pending Federal
prosecution.
A senior scientist of a high tech company, engaged in
the development and deployment of technology to detect
terrorist activities, abruptly separated from the company
to establish a similar technology program with a competitor.
ESI International was called in to determine if the scientist
was using proprietary and secret information gained from
his prior employment in his new endeavor.
Through its investigation, ESI International recovered
documents stolen from the Victim Company, and the senior
scientist’s detailed plans for the use of the stolen
information. ESI International also developed information
relating to other company employees (and former employees)
who were recruited to leave the company to join the senior
scientist. The information and witnesses developed by
ESI International allowed the Victim Company to successfully
prosecute the scientist, and to obtain a civil injunction
prohibiting the competitor company from using any of the
ill-gotten technology. |
