March 26, 2013 by Dave Moore at 1:24:00 pm
Corporate espionage and trade secret theft goes back hundreds of years, by some accounts.
The fact that it was documented in North Texas a few years ago should surprise no one. What might alarm perpetrators, however, is the fact that executives who are caught red handed in the act of stealing company trade secrets can serve hard time for their misdeeds.
Such is the case of Michael Musacchio, who faces a June 14 sentencing date for criminal computer hacking charges relating to trade secret theft that occurred against Exel Transportation Services. Mr. Musacchio was found guilty of one felony count of conspiracy to make unauthorized access to a protected computer (hacking) and two substantive felony counts of computer hacking. Each conviction carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. Court documents say Mr. Musacchio and others hacked Exel’s computers so they could direct Exel’s clients to Frisco, Texas-based Total Transportation Services LLC, where they had become employed.
"Much of the evidence used to convict Mr. Musacchio was collected more than six years ago, for a civil trade secret theft case I filed against Total Transportation Services. That lawsuit resulted in a $10 million settlement," says Dallas trade secret theft attorney Matthew Yarbrough, founder of the Yarbrough Law Group.
The upcoming criminal sentencing for Mr. Musacchio ratchets up the stakes for those considering hacking into their employers’ or former employers’ trade secrets.
March 20, 2013 by Robert Tharp at 10:30:00 am
Love this series of videos from Google Analytics video that illustrates the challenges and nuances that we all face in the quest for relevant visibility in today’s search engine landscape.
Effective efforts require sophisticated thinking, a true understanding of your audience and their search habits as well as a focused approach to relevant, quality content.
March 18, 2013 by Robert Tharp at 1:50:00 pm
You’d think Ted Cruz would know better. That’s not the punch line to a lawyer joke but a sad observation of how our newest senator from Texas has chosen to approach the duties that Texas voters placed on him last November. A lawyer by training and profession and no stranger to a courtroom, Sen. Cruz ought to be familiar with a civil justice system that puts a premium on zealous advocacy of one’s positions but also abjures personal attacks or demonization of the opponent.
That’s the observation in an op-ed by State District Court Judge Craig Smith and Fish & Richardson Managing Principal Tom Melsheimer published last week in the Austin American-Statesman. In the piece, the two hold up the much-maligned civil justice system as an example of one of the few surviving institutions where mutual respect and civil discourse still survive.
Melsheimer and Smith note, for example, that lawyers and the legal system may be easy targets for clichés and jokes, but consider:
• The courts are one of the last places where facts still rule over opinion.
• Where just about everyone knows that character attacks and unfounded insults will cause you to lose the trust of juries and judges and lose your case.
• Where everyone expects zealous advocacy but also courtesy and respect of your opponent and ultimately, compromise.
• Where compromise is often viewed as a victory
They write: This flame-throwing tack is clearly winning him points with his loyal base inside and outside of Texas, but it’s not a winning strategy. It’s a prescription for ending up on the wrong side of votes and, ultimately, becoming marginalized. Certainly, it’s a strategy that would find a trial lawyer on the wrong side of a jury verdict where the jury is a group of citizens called to decide the facts of a case, not cheer for one side or another.
There are plenty of examples of lawyers behaving badly out there, and we don’t suggest that our civil justice system is perfect. Yet when it’s time to step in the courtroom, we have been blessed with a system that rewards and adherence to facts and rejects speculation, surmise, and insults. The civil justice system has lasted so long in part because it embraces “civility.” That’s something that our newest senator and the rest of Congress would do well to remember.
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