Put A Lid On It
Legal Limits
There are legal reasons to encourage employees to temper what
they say. The only way for companies to establish intellectual
property rights, or legal ownership of their ideas, is to show that
people within take reasonable steps to protect their proprietary
knowledge. If a competitor overhears your employees talking openly
in detail about product specs and then uses your ideas in its own
products, you may not have a legal case. Your competitor can argue
that you weren't protecting your knowledge-it was freely
revealed in the public domain. Rashid Khan, CEO and president of Cary, North Carolina-based
Internet firm Ultimus Inc., remembers a time when he and two
co-workers had a meeting scheduled with a large client and were
eating breakfast in a hotel the day of the meeting. A group of
businesspeople came in and sat at a nearby table. Khan and his
co-workers suddenly grew quiet to listen as the nearby group's
conversation turned toward shop talk. "It was the sales
manager and team from our main competitor," says Khan, 47.
"They were in town to make a presentation to the same company
that day." Within a few minutes, Khan's group was privy to
the competitor's strategy. Employees who fly the "nerd bird," any regular flight
between San Jose and such high-tech hubs as Austin, are noticeably
quieter these days. "Companies are actively telling employees
not to do any work while they're on an airplane. It's just
too easy for people to overhear and see things," Epstein says.
"Companies have to be extraordinarily vigilant." Content Continues Below
Rick Malone, CEO of Broomfield, Colorado-based Kiosk Information
Systems, is one entre-preneur with concerns about information
leaks. His 7-year-old company makes electronic public information
kiosks for such clients as IBM and Disney, and Malone wants to
protect his contracts as well as information about his clients'
computer systems. The company did $7 million in sales in 1999 and
projects between $12 million and $15 million in 2000.
"Nondisclosure is critical in our business," says Malone,
43, who has made it clear to his 55 employees that he expects them
to stay tight-lipped in public places and be careful about how they
use technology. He's taking a twofold approach, talking to
every employee about his expectations of proprietary privacy, then
having them each sign a nondisclosure agreement that explains the
information not to be discussed or displayed in public. The problem is, it doesn't take much for people to start
talking about what they do. For most of us, as soon as we relax,
all bets are off. "A general conversation can quickly become
specific to a company and its clients, especially if someone knows
how to steer a conversation," says Seena Sharp, a Hermosa
Beach, California, competitive intelligence expert and president of
Sharp Market Intelligence, a market research company. Malone recalls one incident where a client called him with
concerns that a Kiosk Information Systems salesperson might have
been unintentionally leaking too much information in public. Malone
explained the situation to the employee. "It was inadvertent
on the employee's part. It's really easy for salespeople to
lose awareness of confidential information when they deal with it
every day," he says, adding that his sales employees took note
of it and adjusted their habits.
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