Federal Economic Espionage Act Overview
Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More
The major trade issue is Trade Promotion Authority (“TPA”) and the Trans Pacific Partnership.
On May 22, 2015, after another close cloture vote, the TPA bill passed the Senate by a majority vote of 62 to 37 votes. The...more
On April 30, 2015, Kolon Industries finally resolved two long-standing disputes regarding its alleged misappropriation of trade secrets related to DuPont Co.’s bullet-proof Kevlar Material. The settlement resolved a six-year...more
The Economic Espionage Act of 1996 (EEA) provides for the criminal prosecution of the theft or misappropriation of trade secrets. The statute was enacted to protect and promote national and economic security by filling in...more
In many ways, trade secret protection has been the “odd man out” among intellectual property rights. While patents, trademarks, and copyrights are dominated by federal statutes, trade secret rights arise under state law. In...more
In recent months, two bipartisan bills have been introduced in Congress providing for a Federal civil remedy for trade secret misappropriation — the Defend Trade Secrets Act , introduced in the Senate in April, and the Trade...more
On July 29, 2014, North Carolina Congressman George Holding introduced the Trade Secrets Protection Act of 2014, H.R. 5233, which seeks to create a private federal remedy for victims of trade secret theft. Representative...more
The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more
On April 29, 2014, U.S. Senators Orrin Hatch (R-Utah), the former Chairman and a current member of the Senate Judiciary Committee, and Chris Coons (D-Del.), a member of the Senate Judiciary Committee, introduced the Defend...more
Senators Chris Coons and Orrin Hatch introduced a new bill on April 29 that would amend the Economic Espionage Act of 1996  (the "EEA") to create a Federal private right of action for victims of trade secret...more
Tomorrow, a U.S. Senate Judiciary subcommittee will hold a hearing to address whether current trade secret laws are strong enough to meet current threats of trade secret theft. A new bill introduced in Congress would give...more
Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more
On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more
Earlier this month, Walter Liew, his company, USA Performance Technology, Inc., and Robert Maegerle were found guilty of economic espionage and theft of trade secrets, among other crimes, for participating in a scheme to...more
A prosecutor opened the economic espionage trial of Walter Liew on Wednesday by waving at jurors a key that he alleged opened Liew’s safe deposit box containing industrial secrets stolen from DuPont.
Former Korn/Ferry recruiter David Nosal was sentenced to one year and one day in prison on Wednesday for violating the federal Computer Fraud and Abuse Act and the Economic Espionage Act.
In April, a federal jury in...more
A year ago, we reported on a recent important change to the Economic Espionage Act (“EEA”), making the theft, transmission, or receipt of trade secrets a federal crime. The change clarifies that the EEA does not only apply to...more
It’s been a hot year in the trade secrets field, with some huge verdicts and settlements, a renewed spotlight on cyberattacks, and an unusual flurry of trade secrets legislation. Trade Secrets Watch’s 2013 Year-in-Review...more
As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and...more
Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more
Whenever an appeals court kicks off a 65-page opinion by describing you (or your client) as a thief, and posits that the question before it is whether you’ve been properly convicted of thievery, you know you’re in trouble. ...more
The Obama administration has issued a road map to combat intellectual property theft over the next three years.
The “2013 Intellectual Property Enforcement Coordinator Joint Strategic Plan” follows up on the more...more
When Rep. Zoe Lofgren, the Silicon Valley Democrat, introduced a pair of bills last month on trade secret misappropriation, we puzzled over her purpose. ...more
Yet another federal trade secrets bill may soon join the growing stack of legislation already under consideration in Congress. ...more
We previously reported on the downpour of recent trade secret activity in Congress. Last week, Congresswoman Zoe Lofgren (D-Cal.) added to the deluge by introducing two bills bearing on trade secret misappropriation...more
Trade secret theft and cybersecurity are hot topics in Congress these days, spawning legislative initiatives left and right....more
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