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Competitive Intelligence law in California (global company)

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stumblin

Junior Member
First of all hello! I'm new to the forum, so please be gentle.

Second a couple of apologies:

1. sorry if this has been covered a million times before. If so, please do give me some links to other threads and I'll happily read them. A search came up blank, but I may have just searched the wrong term!

2. Sorry if this is in the wrong forum. Seemed the closest fit to what I'm asking.

3. Sorry for my first post being a question. In fact all of my posts will be questions. I'm a law dummy, which is why I'm here!

Anyway, on to my dilemma.

I work for a global, california based company, which for reasons that will become apparent, I do not wish to name.

I have been asked by my boss to take on, in part, the role of our competitive intelligence team member. I know nothing about CI, and openly said this to my boss. She said to do my best, to which I replied "where do I even start?" (You could write my CI experience on a postage stamp with a crayon). She informed me that I should call around competitors pretending to be a customer or analyst or contractor working on behalf of a customer. Through doing so, I am to find information about their pricing and service offerings.

I may be a law dummy, but I'm pretty sure that this is an offence that could get me fired or even put in jail! The prospect of jail really does not appeal.

So, can anyone help? Am I being needlessly paranoid? If I am correct, could anyone point me towards relevant CI laws? I'm not averse to doing a bit of research, but I don't know where to start. If I can find the relevant regulations, then maybe I can try to work within them, or if they are too complex, just present them to my boss as why I will not take on this role.

btw, I was absolutely, positively not hired to do competitive intelligence.

Thanks so much for your help,

Doug.
 


rmet4nzkx

Senior Member
Has your boss heard of caller ID? Have you tried looking under
Corporate espionage: here is a start.

http://www.oblon.com/Pub/economicespionageactII.html

http://www.leginfo.ca.gov/calaw.html
CALIFORNIA CODES
EVIDENCE CODE
SECTION 1060-1063
1060. If he or his agent or employee claims the privilege, the
owner of a trade secret has a privilege to refuse to disclose the
secret, and to prevent another from disclosing it, if the allowance
of the privilege will not tend to conceal fraud or otherwise work
injustice.

1061. (a) For purposes of this section, and Sections 1062 and 1063:

(1) "Trade secret" means "trade secret," as defined in subdivision
(d) of Section 3426.1 of the Civil Code, or paragraph (9) of
subdivision (a) of Section 499c of the Penal Code.
(2) "Article" means "article," as defined in paragraph (2) of
subdivision (a) of Section 499c of the Penal Code.
(b) In addition to Section 1062, the following procedure shall
apply whenever the owner of a trade secret wishes to assert his or
her trade secret privilege, as provided in Section 1060, during a
criminal proceeding:
(1) The owner of the trade secret shall file a motion for a
protective order, or the people may file the motion on the owner's
behalf and with the owner's permission. The motion shall include an
affidavit based upon personal knowledge listing the affiant's
qualifications to give an opinion concerning the trade secret at
issue, identifying, without revealing, the alleged trade secret and
articles which disclose the secret, and presenting evidence that the
secret qualifies as a trade secret under either subdivision (d) of
Section 3426.1 of the Civil Code or paragraph (9) of subdivision (a)
of Section 499c of the Penal Code. The motion and affidavit shall be
served on all parties in the proceeding.....................
 

stumblin

Junior Member
Excellent, thank you rmet4nzkx, that's a help. Certainly concretes the position that if I pretend to be anyone other than myself in dealing with the companies in question it can be construed as "misappropriation".

I've just checked our code of ethics (should have done so before, just didn't think), and it turns out that what she has asked me to do is a direct violation. So I feel pretty strong in my stance of refusing to do it and now have written back up.

Thanks!
 

rmet4nzkx

Senior Member
stumblin said:
Excellent, thank you rmet4nzkx, that's a help. Certainly concretes the position that if I pretend to be anyone other than myself in dealing with the companies in question it can be construed as "misappropriation".

I've just checked our code of ethics (should have done so before, just didn't think), and it turns out that what she has asked me to do is a direct violation. So I feel pretty strong in my stance of refusing to do it and now have written back up.

Thanks!
You might report this request to your coporate legal, security, chief special agent, ethics or eeoc hotline, ombusman or similar position.
 

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