Epic-TCS: Trade Secrets in IT Contracts

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Abstract

Kaiser Permanente entered into an IT contract with Epic Systems to provide software support in 2003 and engaged Tata Consultancy Services (TCS) as a subcontractor in 2011. TCS did not have full access to Epic’s “UserWeb” portal. It got unauthorised access and downloaded thousands of files. As a result, Epic sued TCS for infringement of its intellectual property. The jury awarded USD 940 million to Epic. It was later reduced to USD 280 million by the Seventh Circuit Court which was upheld by the U.S. Supreme Court. The case examines the unethical conduct of TCS employees, need for better IT security measures and clearer laws about damages.

Additional Information

Product Type Case
Reference No. IS0151
Title Epic-TCS: Trade Secrets in IT Contracts
Pages 16
Published on Jul 28, 2025
Year of Event 2014-2023
Authors Agarwal, Anurag K. ;
Area Information Systems (IS)
Discipline Ethics and Governance, International Business, IT and Systems, Public Policy and Law, Strategic Management
Sector Health, Telecom and Software
Learning Objective • Understand the importance of ethical and legal conduct in the performance of IT contracts. • Assess the intellectual property issues, mainly trade secrets and confidential information, in IT contracts. • Critically evaluate the law for the awarding of compensatory and punitive damages in the U.S. for infringement of IT contracts.
Keywords Trade Secrets; Confidential information; Software; Compensatory Damages; Punitive Damages; IT Contract
Country United States of America
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