Friday, November 2, 2012

Stealing trade secret may push you into involuntary bankruptcy



Perhaps you don’t have any idea how awkward it could be if one is found guilty of stealing trade secret. The theft of trade secret is a federal crime and these days, Dan Roselli – co-owner of Red F Marketing, is feeling the heat. Bridgetree, an eminent software company, is trying to force Red F Marketing into bankruptcy in an attempt to collect on a $4.2 million August jury award following a federal racketeering trial.

Wondering what crime has Dan Roselli committed? Well, in my previous blog post I have talked about it intricately. In brief, Bridgetree filed a lawsuit in federal court against Daniel Roselli – co-owner of Packard Place, Teng Li, Jason Li, Mali Xu, Mark Epperly, Elton T. Scripter, Red F Marketing and Target Point. All of them have been charged with stealing trade secret from Bridgetree.

On August 10, a federal-court jury in Charlotte awarded Bridgetree Inc. $4.2 million after finding that Red F Marketing illegally took software belonging to Bridgetree. In order to force Red F to pay the $4.2 million award, Bridgetree Inc. filed the involuntary bankruptcy petition against Red F and Dan Roselli, in the Charlotte division of the Western N.C. District of U.S. Bankruptcy Court. 

Zynga, renowned provider of social game services, sues its own employee for stealing trade secrets. The company has filed a lawsuit against its former CityVille general manager for stealing documents contained sensitive information about Zynga’s operations. In August, Patmore left Zynga for joining one of its competitors, Kixeye, as the vice president of product. 

I would like to draw your attention to one of the largest-ever trade-secret theft prosecutions the federal government has ever pursued. Last year, DuPont – one of the world's largest chemical companies was awarded almost $920 million in a trade secrets theft case against Kolon Industries Inc. by Department of Justice. The company was accused of stealing information about DuPont's Kevlar brand technology to develop a competing high-strength fiber.

As far as punishment is concerned, individual offenders may face imprisonment for up to 10 years and pay a fine of up to $250,000 upon conviction of the theft of trade secrets, while the court may fine an organization up to $5 million for the same. Both individuals and organization may face a higher maximum fine if the crime is committed for the benefit of any foreign government, instrumentality, or agent.