Noncompete agreements are generally unenforceable in California (along with MT, ND, OK). You could go work at a competitor the very next day.
I doubt that California law allows the transfer of trade secrets. Talent yes, secrets no.
In this case there doesn't seem to be much in the way of punishment for the perpetrator or Samsung. Is there a law against using proprietary information in Korea? Come on, what's the deal?
I think of Samsung as corrupt company... willing to steal, conceal, deny and litagate... then stall, appeal, etc.
By the way, the bad actions of other companies does not justify their bad actions.
I doubt that California law allows the transfer of trade secrets. Talent yes, secrets no.
A noncompete agreement a presumption that you will use trade secrets. They want you to sit out for a year or two until your knowledge of their IP is worthless. In California, as in all states, former employer needs to actually prove that trade secrets were misused first, in order to successfully sue.
As many of these companies and economies will soon realize, what goes around comes around. Japan did it to the US. Taiwan to Japan. Korea to Taiwan. Now China to Korea. Next up, Vietnam to China....
And so it goes.
Vietnam to China already happened When Vietnamese exported durians injected with chemicals to China where the chinese who ate these fruits got poisioned lately...what goes around, comes around.
Business as usual in Asian... This is what happen when people leave companies and go to another, they transfer everything they learned. They can not take the files but it is really hard to tell them no to use what they have in their heads.
Too funny. The guy is barred from working until the end of the year. Nice vacation. Samsung was complicit in this and of course nothing about a company stealing trade secrets being unethical or illegal in anyway. Let's get serious here folks, no one involved really cares about the ethics of this or intends to end any future motivation for this to happen again. This was just TSMC way of getting a little retribution for the outcome of the decision to not promote this guy.
They can also pull back his shares which were worth a fair bit of cash.
Typical Samsung underhanded move. Very little morality in Samsung and the Korean students I have encountered are constantly cheating too. There may be a few moral Koreans but I have yet to encounter them.
I have worked for Samsung. They really pursue foreign technology experts for explicit purpose of stealing technology. They give you high salary and position (although high position for foreigner at Samsung in South Korea is in name only, no real power, and you will act more like an advisor, sometimes even reporting to someone lower in position). The hiring of key experts from foreign companies to get their technology is one of their policies.
I have worked for Samsung. They really pursue foreign technology experts for explicit purpose of stealing technology. They give you high salary and position (although high position for foreigner at Samsung in South Korea is in name only, no real power, and you will act more like an advisor, sometimes even reporting to someone lower in position). The hiring of key experts from foreign companies to get their technology is one of their policies.
This completely validates the experience (from more than 10 years ago!!) where a very good friend was the "American" Plant Manager in the US -- making "a certain key auto part" (I don't want to reveal too much). He reported to the middle/bottom of the Japanese management structure (sorry not Korean). For the first 5 years, they only spoke Japanese in their Friday management meetings that started at 6pm (heavy drinking featured). They had OEM contracts with all of the major Japanese auto manufacturers that had US plants. Of course, they had "illegal" side deals with the 3rd party shops that sold & installed these parts... taking down the 3rd party production achievement boards when the bosses would fly over for tours/inspections, etc. I won't go on.
So, thank you Cheers777. As an Apple fan/AI fan -- I'm quite familiar with the slippery ways that Samsung is a corrupt business (look up what they did with Dyson vacuum cleaners - ha.). You've enlightened me to one more way that they game the system to try to steal technology. In this case, they don't appear to pay a penalty.
@H2P, hiring foreign experts is just one of the ways they accomplish their goal. There are several other ways they do this, some of them are quite sinister.
Because you never had any high profile hires. If a competitor is pissed off, they're going to sue, justified or not, if only to make your life more difficult.
Noncompete agreements are generally unenforceable in California (along with MT, ND, OK). You could go work at a competitor the very next day. This is a major reason why you can only get the best talent in Silicon Valley.
We talk about passing on information that's under NDA. Not noncompete agreements, and also not dying to make life difficult. And it is clearly possible to comply with this.
Apple. Apart from A123, Apple has been said to be poaching engineers from Tesla and Samsung. I see a certain irony with that one. In all three instances individuals with expertise in batteries have been targeted.
This completely validates the experience (from more than 10 years ago!!) where a very good friend was the "American" Plant Manager in the US -- making "a certain key auto part" (I don't want to reveal too much). He reported to the middle/bottom of the Japanese management structure (sorry not Korean). For the first 5 years, they only spoke Japanese in their Friday management meetings that started at 6pm (heavy drinking featured). They had OEM contracts with all of the major Japanese auto manufacturers that had US plants. Of course, they had "illegal" side deals with the 3rd party shops that sold & installed these parts... taking down the 3rd party production achievement boards when the bosses would fly over for tours/inspections, etc. I won't go on.
So, thank you Cheers777. As an Apple fan/AI fan -- I'm quite familiar with the slippery ways that Samsung is a corrupt business (look up what they did with Dyson vacuum cleaners - ha.). You've enlightened me to one more way that they game the system to try to steal technology. In this case, they don't appear to pay a penalty.
Look up what American company Hoover did with Dyson. They ripped of the actual core cyclone technology.
Comments
From what I have seen so far, the blogosphere has made this event a non-event. Business as usual seems to be the way.
When the Korean counterfeit company pulls a new scumbag move, turn the other cheek and whistle.
Noncompete agreements are generally unenforceable in California (along with MT, ND, OK). You could go work at a competitor the very next day.
I doubt that California law allows the transfer of trade secrets. Talent yes, secrets no.
In this case there doesn't seem to be much in the way of punishment for the perpetrator or Samsung. Is there a law against using proprietary information in Korea? Come on, what's the deal?
I think of Samsung as corrupt company... willing to steal, conceal, deny and litagate... then stall, appeal, etc.
By the way, the bad actions of other companies does not justify their bad actions.
I doubt that California law allows the transfer of trade secrets. Talent yes, secrets no.
A noncompete agreement a presumption that you will use trade secrets. They want you to sit out for a year or two until your knowledge of their IP is worthless. In California, as in all states, former employer needs to actually prove that trade secrets were misused first, in order to successfully sue.
What an utterly disgusting attitude you just displayed...
Perhaps TSMC shouldn't have passed him over for promotion. What goes around...
Either this post is completely asinine, or I'm missing the sarcasm.
Business as usual in Asian... This is what happen when people leave companies and go to another, they transfer everything they learned. They can not take the files but it is really hard to tell them no to use what they have in their heads.
They can also pull back his shares which were worth a fair bit of cash.
Please, American companies do it all the time.
Please, American companies do it all the time.
Which American company?
For starters every single sports team.
For starters every single sports team.
Every singe American sports team are underhanded?
Every singe American sports team cheat?
Every singe American sports team are corrupt?
I don't understand your logic behind your assertion.
Could be any company starting with abc. right through to xyz.com
I have worked for Samsung. They really pursue foreign technology experts for explicit purpose of stealing technology. They give you high salary and position (although high position for foreigner at Samsung in South Korea is in name only, no real power, and you will act more like an advisor, sometimes even reporting to someone lower in position). The hiring of key experts from foreign companies to get their technology is one of their policies.
This completely validates the experience (from more than 10 years ago!!) where a very good friend was the "American" Plant Manager in the US -- making "a certain key auto part" (I don't want to reveal too much). He reported to the middle/bottom of the Japanese management structure (sorry not Korean). For the first 5 years, they only spoke Japanese in their Friday management meetings that started at 6pm (heavy drinking featured). They had OEM contracts with all of the major Japanese auto manufacturers that had US plants. Of course, they had "illegal" side deals with the 3rd party shops that sold & installed these parts... taking down the 3rd party production achievement boards when the bosses would fly over for tours/inspections, etc. I won't go on.
So, thank you Cheers777. As an Apple fan/AI fan -- I'm quite familiar with the slippery ways that Samsung is a corrupt business (look up what they did with Dyson vacuum cleaners - ha.). You've enlightened me to one more way that they game the system to try to steal technology. In this case, they don't appear to pay a penalty.
We talk about passing on information that's under NDA. Not noncompete agreements, and also not dying to make life difficult. And it is clearly possible to comply with this.
Which American company?
Apple. Apart from A123, Apple has been said to be poaching engineers from Tesla and Samsung. I see a certain irony with that one. In all three instances individuals with expertise in batteries have been targeted.
This completely validates the experience (from more than 10 years ago!!) where a very good friend was the "American" Plant Manager in the US -- making "a certain key auto part" (I don't want to reveal too much). He reported to the middle/bottom of the Japanese management structure (sorry not Korean). For the first 5 years, they only spoke Japanese in their Friday management meetings that started at 6pm (heavy drinking featured). They had OEM contracts with all of the major Japanese auto manufacturers that had US plants. Of course, they had "illegal" side deals with the 3rd party shops that sold & installed these parts... taking down the 3rd party production achievement boards when the bosses would fly over for tours/inspections, etc. I won't go on.
So, thank you Cheers777. As an Apple fan/AI fan -- I'm quite familiar with the slippery ways that Samsung is a corrupt business (look up what they did with Dyson vacuum cleaners - ha.). You've enlightened me to one more way that they game the system to try to steal technology. In this case, they don't appear to pay a penalty.
Look up what American company Hoover did with Dyson. They ripped of the actual core cyclone technology.