Hi guys, I have some ideas of my own about how to deal with a "situation", but would appreciate your thoughts too.My question is this:How does one deal with a member of staff from the client side who thinks nothing of sending all your valuable intellectual capital to your competitors? As in extracts from proposals, reports, engagement letters, the lot... all under the banner of "essential background information" for some projects they're doing. None of the documents are sent in their entirety, of course (that would be too obviously a breach of confidentiality), but just enough that the competitor gets all the juicy bits such as a very good idea of your house style, how you format and present things, etc. Important note: this individual is an over-ambitious little PITA generally and would scream blue murder that it's necessary to share this information "in the interests of the project". Second important note: we don't want to get litigious with them.

I have seen a lot of competitive material in the process of delivering work, and it's always been my understanding that once your material is handed over to the client it can end up just about anywhere. Sadly it's not in the client's interest to make an effort to protect your (or any other consultant's) IP. Totally would depend on how much is at stake with the client vs. what could be potentially advantageous to competitors and how it may manifest as lost business. If it's mega sensitive, then I'd offer the client to help him in the briefings and in the process edit the documentation in a manner that disguises as much of the sensitive content as possible.

Normally there is a minimum of mutual NDA's in place - surely ? sounds like some sales or VP haven't done their job properly.Even in normal bog standard bids your t&c's in government contracts would cover you for this.Dig out your conditions of offer etc get them on the table and see if they measure up ! - this line would do in the thick of it !DC

BEP,Unfortunately, I have seen this more than once including entire proposals with rates attached. If the little s**t is passing across material of this type, he is probably telling your competitors (verbally) your pricing structure too. Clearly, your client is in breach of the NDA.I would wait and see if your competitor wins any work related to this engagement, then I would threaten to sue. If you don't nip this in the bud it will happen again.

our T&Cs are water-tight, and the docs he has been sending large extracts from have "Confidential - For internal use by XYZ client only, not to be sent to third parties without our written consent" plastered all over the cover page and little copyright notices on every page throughout. charliefleabag is right, I think the problem we have here is a little twerp who doesn't understand basic principles of business etiquette.If I said to him that, by sending a 20-page report to one of our competitors, he has essentially transferred say 200 person-days of intellectual capital to one of our competitors (and I'm talking about document style/presentation, implied methodologies, and so on), I have no doubt that he just wouldn't "get it" and would think it carries the same value as his own crappy powerpoints which typically consist of 20 pages of size 36 font bullet points.I think what I'll do is let this one go, but in our next proposal to them I'll add a line to the fees section that says something like "Our reports are intended for use by XYZ's own employees only. We have priced this project based on written deliverables being used by XYZ's own employees only. If you would like to share the reports, or extracts of the reports, with third parties (including but not limited to companies that we would consider to be our competitors), a standard licence fee applies (see section 10.4 of the Terms and Conditions attached to this proposal for details), however we may be willing to waive that fee in certain circumstances; all requests should be made to us in writing." I'll also add a new line to the reports themselves saying "Not to be shared with third parties - licence fees may apply; see proposal dated XYZ for further information".Then in the T&Cs I'll add a line that says something like the licence fee is 100% of the project value and that this fee takes into account that the reports will typically contain 200 person-days of intellectual capital beyond that which has been created specifically for the client.I know it might be considered an "unfair" term, and it would seriously cheese some people off, and I need to word it better than that above, but there may be some mileage in it and at the very least our little twerp friend might have some explaining to do when his boss receives an invoice which is double what he expected and it transpires it's because he's been leaking like a colander... (even if we later issue a credit note)...This guy knows what he is doing is wrong, but doesn't give a $hit. That's what bugs me the most.

I am sure that you have experience of interminiable discussions around T&Cs (as do I) so I understand your suggested approach, but personally I try to avoid T&Cs discussions like the plague. It might be easier to send a simple email to the twerp to express your disappointment that confidential material has been sent to competitors in breach of the NDA and without your approval. And CC his boss.

I agree. If he really is an idiot lacking professional common sense, then it comes down to having a sensible, values based conversion, business man to business man. It's a "we're both professionals, I understand you want to provide information to help the project, but let's respect the work and intellectual property". Explain to him that's how the consulting industry works, it's important and while it may not be that big of a deal to him, it certainly is for you and your business.If he's trying to oust you and position himself as a project saviour, then maybe you have a bigger problem.

yeah, I might have a word with him, keep it friendly but let him know that we're onto it.I think the reason I haven't taken this approach so far is because he's the unpredictable type, shoots from the hip and doesn't watch his words which tends to cause others grief as well as himself... and personally I tend to try and stay clear of loonies

ah sorry BEP read the post last night in an airport didn't see it was you (and answered powernaps point) so serves me right for not reading properly but now I have I smell an opportunity - for you and your company that is.Ok so you have tight t&c's which cover this sort of thing in place.Rather than throwing toys out of pram or burning bridges I'd think of a number that this IP is worth then take Charlie's approach but be softly softly on approach and drop your number in and cc either the boss and procurement. Follow up with said people hinting you are in an awkward situ with your boss/board pressuring you ie they are livid. THen gradually tee up a nice uncompetitive piece of work to a decent value and see how the land lies after this ie exit or staySadly I have done this didn't feel great but was top sales guy the following year DC

ah sorry BEP read the post last night in an airport didn't see it was you (and answered powernaps point) so serves me right for not reading properly but now I have I smell an opportunity - for you and your company that is.Ok so you have tight t&c's which cover this sort of thing in place.Rather than throwing toys out of pram or burning bridges I'd think of a number that this IP is worth then take Charlie's approach but be softly softly on approach and drop your number in and cc either the boss and procurement. Follow up with said people hinting you are in an awkward situ with your boss/board pressuring you ie they are livid. THen gradually tee up a nice uncompetitive piece of work to a decent value and see how the land lies after this ie exit or staySadly I have done this didn't feel great but was top sales guy the following year DC

very cunning... i like your style camster... or should we call you "The Prince" (re: Machiavelli) ;-)

'twas DC.

thanks Mars for the clarification -on a similar subject BEP have you been back to the travel lodge with your secret woman recently ?DC

Hehe, oops sorry for the confusion guys... Need to insert my brain between eyes and keyboard... I've been making quite a few mistakes like that as of late actually... I put it down to having too much on right now... :-)

.PDF everything with your logo + "confidential" stamp