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Intellectual Property News
Man Pleads Guilty To Stealing Trade Secrets From Hedge Funds
Michael J. Garcia, the United States Attorney for the Southern District of New York, announced today that Ira S. Chilowitz, 44, pleaded guilty yesterday in Manhattan federal court to charges relating to the theft, from Chilowitz’s former employer, Morgan Stanley & Co. ("Morgan Stanley"), of proprietary information regarding hedge funds. According to the felony Information to which Chilowitz pleaded guilty, statements made at his plea, and other documents publicly filed in this case:
Morgan Stanley’s Prime Brokerage Division provides financial and administrative services to numerous hedge funds. As a consultant to Morgan Stanley in its Information Technology Department, Chilowitz was responsible for establishing secure computer connections between Morgan Stanley and its Prime Brokerage clients. In this position, Chilowitz had access to numerous confidential and proprietary documents belonging to Morgan Stanley, including a list of all of Morgan’s Prime Brokerage hedge fund clients (the "Client Rate List") and the formulas used to calculate rates paid by clients to Morgan for certain prime brokerage services. Data in the Client Rate List is not generally known to the public and is valuable to competitors of Morgan.
From about December 2005 until about February 2006,Chilowitz conspired with another individual ("CC-1") -- who was a former Morgan Stanley client service representative -- to misappropriate the Client Rate List and to transmit it, via e-mail, to CC-1. CHILOWITZ admitted in Court during his guilty plea that he took the confidential and proprietary information from Morgan Stanley because it would potentially assist him and CC-1 in generating business for a consulting firm they had planned to form.Read more at cybercrime.gov.
Trade secret information that has potential economic advantage is protected.
Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret.
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Definition:
In the United States, a grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention.
Secrecy
Definition:
The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it.
Government work
Definition:
Any work prepared by an officer or employee of the United States Government as part of official job duties is considered U.S. Government work.
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