News & Analysis as of

Criminal Prosecution Theft

Dorsey & Whitney LLP

DOJ Strike Force Allegations Highlight Diversion and Theft from U.S. Companies

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The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services,...more

Kilpatrick

6 Key Takeaways | Criminal Trade Secret Theft

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Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS). ...more

Kilpatrick

6 Key Takeaways - Criminal Trade Secret Theft

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Kilpatrick Townsend partners Adria Perez and Clay Wheeler recently presented “Criminal Enforcement Trends in a Connected World” at the firm’s Kilpatrick Townsend Intellectural Property Seminar (KTIPS). KTIPS is an intensive,...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Holland & Knight LLP

Company Directors Plead Guilty to Conspiracy to Steal Trade Secrets

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A district court in the Northern District of California recently accepted a guilty plea by a company's former CEO and COO for conspiracy to steal trade secrets and commit wire fraud. While rival companies regularly are sued...more

Goodwin

JHL Biotech Co-Founders Convicted in Genentech Trade Secret Theft

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Recently, JHL Biotech co-founders Racho Jordanov and Rose Lin pled guilty and were convicted of conspiring to steal trade secrets related to Genentech’s cystic fibrosis drug Pulmozyme, and cancer drugs Rituxan, Herceptin, and...more

McGlinchey Stafford

The ABCs of Employee Theft [More With McGlinchey Ep. 7]

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Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episode of “More with McGlinchey,” Labor and Employment attorney Camille Bryant and Dan Plunkett of the Commercial Litigation and...more

Troutman Pepper

Protecting Trade Secrets: Lessons Learned From the Levandowski Case

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Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...more

Seyfarth Shaw LLP

Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues

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The much-ballyhooed legal battle over trade secrets concerning self-driving automobile technology involving Uber took its latest (and perhaps final) turn last week, when engineer Anthony Levandowski was sentenced to 18 months...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

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Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

Robins Kaplan LLP

Financial Daily Dose 2.14.2020 | Top Story: Amazon Wins Injunction of JEDI Cloud-Computing Contract

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In a massive win for Amazon (because, again, Jeff NEEDS it), Court of Federal Claims Judge Patricia Campbell-Smith has granted the company’s motion for an injunction halting Microsoft’s work on the $10 billion cloud-computing...more

Gray Reed

2019 Bad Guys in Energy

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To our bad guys, 2019 was a year flush with hope and opportunity; it ended with recidivism, more misery from Venezuela, a charlatan, an Okie who pulled a multi-million dollar fast-one on Chesapeake and, as in years past, a...more

Orrick - Trade Secrets Group

In a Blockbuster Economic Espionage Act Prosecution, an Attempt by the Government to Hide the Ball?

An ongoing, headline-grabbing trade secret theft prosecution against a Chinese spy is also quietly presenting a, say, disquieting attempt by prosecutors to stretch the law on what it is required to plead and prove. On the...more

Orrick - Trade Secrets Group

Court Upholds One Year in Prison for Theft of non-Trade Secrets

A federal district court judge in Chicago sentenced Robert O’Rourke, a former employee of iron bar manufacturer Dura-Bar, to one year and one day in prison last week for stealing trade secrets. Well, not quite. O’Rourke was...more

Farella Braun + Martel LLP

The Huawei Trade Secrets Prosecution and What It Means for Business

by Jessica K. Nall and Janice W. Reicher[1] As the world watches the political and legal battles between the U.S. government and Chinese telecom giant Huawei unfold in the headlines, many are asking how the controversy may...more

Farella Braun + Martel LLP

3 Trends in Criminal Trade Secret Prosecution

Criminal trade secret prosecutions are on the rise nationwide and in the Northern District of California, especially cases relating to alleged theft by Chinese nationals and entities. According to a 2017 report by the White...more

Patterson Belknap Webb & Tyler LLP

AOL Outlaw Must Bear the Burden of Proving Who Pays the Price

On January 9, 2018, the Second Circuit (Kearse, Cabranes, Wesley) rejected a request by ex-AOL Inc. employee Jason Smathers to junk the restitution component of his sentence, which requires him to recompense the online...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Announces Its First Deferred Prosecution Agreement

In a move that could signal a new phase of government enforcement in France, on November 27, 2017, French authorities published a Convention judiciaire d’intérêt public (CJIP) with HSBC Private Bank Suisse SA (HSBC PB), the...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more

Dorsey & Whitney LLP

Dorsey Anti-Corruption Digest - September 2017

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Keeping ahead of global anti-corruption trends is critical in today’s business markets. The Dorsey Anti-Corruption Digest, which puts global trends at your fingertips, puts you ahead. The deep experience of the Dorsey...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Sponsor Steals Assets To Support Country Club Life

One of my favorite lines from Seinfeld is when George Costanza gets a job where Elaine works at Pendant Publishing. He’s fired for having sex in the office with the cleaning woman. George pardons ignorance, asking whether it...more

Knobbe Martens

Former Lutonix VP Pleads Guilty to Trade Secret Theft

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On May 9, 2017, according to court records, Christopher Barry, former Vice President of R&D at Lutonix Inc., pled guilty to stealing Lutonix’s trade secrets in the form of several confidential electronic files....more

Butler Snow LLP

The Supreme Court Clarified Bank Fraud Statute Does Not Require a Defendant to Intend to Defraud a Bank

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In December 2016, in a unanimous decision, the Supreme Court held in Shaw v. United States, 137 S.Ct. 462 (2016), that the Bank Fraud statute does not require the government prove the defendant intended to defraud a bank. The...more

Fish & Richardson

The Top Ten Things Every Commercial Litigator Must Know About the Fifth Amendment

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Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul. These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have...more

FordHarrison

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

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On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

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