"Poaching," or recruiting from the competition isn't unlawful. All this article identifies is two employees who improperly downloaded information and documents from Jawbone. That doesn't mean they did it at Fitbit's direction. Of course, thst will come out in the discovery process. I suspect, though, that this is more a matter of two rogue employees hoping to impress their new employer. No doubt there is a trail of forensic evidence of the thefts, and I'll bet both employees are out of a job. The real question is what happened in Fitbit if or when these goodies were offered.