About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

57 Bus. Law. 25 (2001-2002)
The Revitimization of Companies by the Stock Market Who Report Trade Secret Theft under the Economic Espionage Act

handle is hein.journals/busl57 and id is 43 raw text is: The Revictimization of Companies by the Stock Market Who Report Trade Secret Theft Under the Economic Espionage Act By Chris Carr & Larry Gorman* INTRODUCTION Laws not enforced cease to be laws, and rights not defended may wither away.' The level of trade secret theft appears to have skyrocketed in recent years, and it includes more capers than the celebrated Amazon.com-Wal-Mart employee poaching case,2 the improper use of the Sabre computer system by an American Airlines' employee,3 and the Oracle-Microsoft dumpster diving case.4 Nearly every major U.S. company now has a competitive intelligence office that is de- signed to discover the trade secrets of competitors.5 Some firms, such as Motorola, have intelligence units located around the world.6 The assignments of these units include scanning for new technologies, poaching employees who have inside * Mr. Carr is an Associate Professor of Business Law & Public Policy at the California Polytechnic State University, San Luis Obispo. He is of counsel at the Jencks Law Group, Arroyo Grande, California. Mr. Carr received his B.A. from the University of Nebraska, Lincoln, his J.D. from the Santa Clara University School of Law, and his M.A. from the University of California, Los Angeles. E-mail: ccarr@calpoly.edu. Mr. Gorman is an Associate Professor of Finance at the California Polytechnic State University, San Luis Obispo. He received his B.S. from Washington State University, his M.B.A. from Western Washington University, and his Ph.D. from Northwestern University (Kellogg Graduate School of Management). E-mail: lgorman@calpoly.edu. The authors would like to thank Michael Jencks of The Jencks Law Group and Dr. Cyrus Ramezani at the Cal Poly-San Luis Obispo College of Business for reviewing and commenting on previous drafts of this article. The authors also thank Special Agent Michael Mee of the Federal Bureau of Investigation's Criminal Investigation Division-Financial Crimes Section (Washington, D.C.) for his invaluable assistance in the preparation of this article. The authors are also grateful for comments received on this article from seminar participants at the Western Regional Meeting of the Academy of Legal Studies in Business (Asilomar, California) and the National Meeting of the Academy of Studies of Business (Baltimore, Maryland). Financial assistance to prepare and present this article was also received by California Polytechnic State University-San Luis Obispo and the Cal Poly Foundation. 1. Thomas E. Moriarty, American Educator, quoted in LAURENCE J. PETER, PETER'S QUOTATIONS 290 (1977). 2. See Emily Nelson & George Anders, Wal-Mart, Amazon.com Settle Fight Over Recruitment and Trade Secrets, WALL ST. J., Apr. 6, 1999, at A2. 3. See Scott McCartney, System Breach is Stirring up Airline Rivalry, WALL ST. J., June 27, 2000, at B1. 4. See Ted Bridis et al., How Piles of Trash Became Latest Focus in Bitter Software Feud, WALL ST. J., July 10, 2000, at Al; see also Brad Stone, Diving Into Bill's Trash, NEWSWEEK, July 10, 2000, at 49. 5. Neil King, Jr. & Jess Bravin, Call it Mission Impossible, Inc.-Corporate Spying Firms Thrive, WALL ST. J., July 3, 2000, at B1. 6. Id.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most