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Reed and McGraw Dogfight Over “Industrial Espionage”; Reed Alleges Mass Fraud Over Trade Secrets

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Update: Response from McGraw Hill: “We believe that Reed’s legal claims are without merit, and we intend to defend against them vigorously. We take these allegations very seriously and are committed to ensuring that all employees comply with our Code of Business Ethics.”

SEE ALSO: Reed Elsevier Puts Chunk Of RBI-US Up For Sale; Smith Out As CEO

This is as wild as it will ever get in the traditionally boring B2B world: earlier today Reed Construction Data, part of Reed Business USA, filed a lawsuit in U.S. District Court for the Southern District of New York against McGraw-Hill Construction Dodge, a unit of McGraw-Hill (NYSE: MHP), alleging that Dodge secretly accessed confidential and trade secret information from RCD since 2002, by using a series of fake companies to pose as RCD customers. It is asking for an unspecified amount in “lost profits and punitive damages, trial by jury, and injunctive relief as a result of Dodge’s misuse of RCD’s proprietary construction project information,” the lawsuit says.

The gist of the alleged fraud: Dodge hired consultants to subscribe to RCD’s confidential data (from its online Reed Connect service) under the cover of fake names and companies. It then allegedly manipulated the information to create misleading comparisons between Dodge’s and RCD’s products and services in an effort to mislead the marketplace, the complaint says. There’s a “The Spy”, and even a “Mr X” in the lawsuit. Really. If true and proven in court, this seems like very serious trouble for McGraw-Hill.

More details in release. The full lawsuit is embedded after the jump.

Some background is in order: Reed and McGraw’s construction units are two of the biggest in the market, with the two together generating over $100 million in online subscriptions from their services. McGraw’s market share of this specialty market, according to the lawsuit, is about 80-90 percent. Last year we received tips that as RBI was put up or sale, McGraw was considering buying Reed’s construction division, or perhaps even a full buyout of RBI. The lawsuit doesn’t mention any of that. RBI was taken off the market by parent Reed Elsevier (NYSE: RUK) late last year after failure to get a buyer, and then two months ago as Tad Smith left RBI, Reed put up a number of individual titles for sale, though decided to retain Reed Construction.


Reed Construction Data Files Lawsuit Against McGraw-Hill Construction Dodge -

Oct 8, 2009 11:38 PM ET

Espionage Photo: Flickr/tsak_d


Posted In: Legal, mcgraw-hill, reed business information, reed elsevier

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