Abstract

CI professionals are a risk to themselves and to their employers if they do not collect CI properly. They also are a risk if they do not protect secret information in a reasonable way. It does not make business sense always to consult with a lawyer on issues involving whether a collection technique is or is not appropriate. It is also impossible to list comprehensively what can and cannot be done because every situation is different and each brings with it a different risk. What is needed is an analysis model and discipline. The author examines U.S. federal and state statutes pertaining to criminal and civil liability as well as relevant case law and provides a risk-analysis guide for methods of collecting competitive information. © 2000 John Wiley & Sons, Inc.

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