This Vondran Legal Hour legal podcast discusses the role of the "informant" in software audit cases. Some things to consider asking the opposing party (usually an intellectual property law firm) when faced with a voluntary audit:
1. Who is the informant?
2. What information did they give you?
3. We believe confidential trade secrets have been stolen (you are assisting that)
4. Did the informant sign a "declaration" under penalty of perjury?
5. How do you know they are telling the truth?
6. Is there a Civil RICO violation going on?
7. How can I be sure there is actually an "informant" and that this is not an illegal shake-down?
8. What is the "probable cause" evidence you have (this is a cirminal law term we have borrowed because it seems to make sense in softwrae licensing cases)
Call us at (877) 276-5084. Each case has its own factors that must be looked at.
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