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In protection of trade secrets, the courts will evaluate evidence of crimes (physical trespass, unauthorized access, embezzlement, etc), torts (fraud, conversion, interference with contracts, copyright or patent infringement, etc) and breach of contract (agency, fiduciary obligations, non-disclosure agreement, non-compete, etc) to determine whether "intelligence gathering" crossed the line.

For example, inducing an employee of a competitor to disclose secrets may be a tort, even though the employee didn't realize they were in breach of the relationship.

On the other hand, trade secrets are only as valuable as the steps taken to protect them from unauthorized disclosure.

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Q: What is the difference between aggressive or creative intelligence gathering and inappropriate conduct related to trade secrets?
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