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Economic Espionage Act China Trade Secrets

McDermott Will & Emery

Absent Proof of Government Ownership on an EEA Sovereign Immunity Defense is All Black and White

The US Court of Appeals for the Ninth Circuit affirmed the district court’s denial of a motion to dismiss an indictment, charging four Chinese companies with violations of the criminal provisions of the Economic Espionage Act...more

Dechert LLP

Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg

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Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more

Oberheiden P.C.

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

Oberheiden P.C. on

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

Orrick - Trade Secrets Group

In Pursuit of Chinese Trade Secret Theft: Fresh Allegations Against Huawei and Chinese Military Grabs 145 Million SSNs

Loyal readers are familiar with the DOJ’s “China Initiative,” launched in November 2018 to prosecute the theft of U.S. trade secrets by or for Chinese interests. Attorney General Barr reaffirmed the DOJ’s commitment “to...more

Robins Kaplan LLP

Financial Daily Dose 9.11.2019 | Top Story: Hong Kong Stock Exchange Makes Surprise Bid for London Exchange

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There’s some surprise market wheeling and dealing afoot this morning. The Hong Kong stock exchange has offered to buy its London counterpart as part of a deal valued at $37 billion that would connect “the established...more

Holland & Knight LLP

Recent Criminal Misappropriation of Trade Secrets to China

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Trade secrets can be stolen at any point, and such theft can be prosecuted by the Department of Justice. This is evident in recently unsealed charges brought against a software engineer who stole source code from his United...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

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Announces ‘China Initiative’ to Investigate and Prosecute Chinese Companies

On November 1, 2018, then-Attorney General Jeff Sessions announced the U.S. Department of Justice’s (DOJ) “China Initiative” with the objective of countering perceived national security threats to the United States from...more

Seyfarth Shaw LLP

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

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The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

Dechert LLP

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

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The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more

Ballard Spahr LLP

Companies Have a Friend in Economic Espionage Act

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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

Orrick - Trade Secrets Group

Trade Secrets Watch 2013 Year-In-Review

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

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Obama Administration...

Since President Obama entered the White House in 2009, his administration has undertaken a number of steps toward stricter policing of international trade secret misappropriation. Those efforts reached a turning point early...more

Sands Anderson PC

NC: Cutting Edge R&D and Cutting Edge Corporate Espionage

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The Federal Bureau of Investigation estimates that corporate espionage has cost American companies $13 billion from trade secrets stolen by company insiders and given to hostile foreign governments. To combat this...more

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