It is vital to consult with a legal professional or a licensed practitioner to get specific advice that may be helpful for their case. That being said, the line between competitive intelligence and corporate espionage is indeed a fine line, and the issue has evolved over the years. That being said, here are the primary concerns. First, understand that the definition of corporate espionage is TERS. (Distinguishing Competitive Intelligence from Corporate Espionage). If the client accused of corporate espionage violated the law when collecting the information or obtained confidential and non-public information without consent, then the defense of competitive intelligence may not hold. That being said, there are other examples where competitive intelligence can hold. Here are some considerations that may be relevant: 1. Public Sources: If the client collected information from public sources such as social media, news articles, or public records, this may be considered competitive intelligence. Public information is generally available for anyone to obtain, so collecting this information from these sources should not be considered corporate espionage. 2. Lawful Means: If the client used lawful means such as online research, industry reports, or social media monitoring to collect moderate public information, this may be considered competitive intelligence. 3. No Violation of Law: If the client did not violate laws, policies, or regulations to collect the information, then the defense of competitive intelligence may be valid. 4. Transparency: If a client is transparent about its information gathering efforts and does not attempt to conceal its intentions, this may indicate that its actions are legitimate competitive intelligence work. To help prove competitive intelligence, it is critical to seek specific advice from experts who may be useful to the case. Here are some considerations based on the information available: