News & Analysis as of

U.S. v. LIEW: Opening Statements and FBI Testimony Kick Off Seven-Week Industrial Espionage Trial

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. Assistant U.S....more

It’s Not Just For Patents Anymore: Using The ITC To Combat Theft Of Trade Secrets

Trade secret theft knows no borders in an age of cybertheft and global corporate espionage....more

The Storm Has Arrived: Cybersecurity, Risks And Response

Every day the headlines report another Fortune 500 company suffering a hacking incident. For companies, the hack itself creates substantial risks of economic devastation caused by the theft of valuable trade secrets. Add to...more

White House Issues Strategy Warning Of Dangers To U.S. Companies From Hackers

The White House warned yesterday that hackers and “hacktivist” groups have the intent and capability to target U.S. companies and steal confidential data. A new executive strategy explains that the threat of corporate...more

Congress Acts To Strengthen Federal Trade Secret Protection

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act of 2012, (the TTSCA), S. 3642, which broadens the scope of the Economic Espionage Act of 1996 (18 U.S.C. Sections 1831-39)....more

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

Are Your Trade Secrets at Risk? -- Queue the Economic Espionage Act

Your company terminates the employment of a highly skilled computer programmer who then attempts to sell the source code for your proprietary training software to a foreign entity. What would your company do?...more

A New Government Criminal Initiative – The Economic Espionage Act

Government prosecutors have launched a new initiative aimed at protecting intellectual property. The Economic Espionage Act criminalizes the theft of trade secrets. Congress passed the Act in 1996 to protect United States...more

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

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

Spotlight on the Economic Espionage Act

When the Economic Espionage Act (“EEA”) was passed in 1996, it was hailed as a much-needed remedy to combat the growing threat to the United States’ national and economic security posed by efforts, largely foreign, to steal...more

Second Circuit Reverses Economic Espionage Conviction, Then Steps Back

This blog has previously covered the arrest, prosecution and trial of Sergey Aleynikov, the former employee and computer programmer of the Goldman Sachs Group accused and convicted of misappropriating computer source code...more

Corporate Espionage for Dummies

This week’s episode is entitled ”The Sting.” In the 1973 film of the same name, Robert Redford and Paul Newman play slick con men who team up to pull off an exquisite double-cross of a Chicago gangster. Fast forward to 2010...more

U.S. Economic Espionage Act Withstands Constitutional Challenge in First Conviction by Trial: United States v. Chung

In 1996, the United States Congress passed the Economic Espionage Act (EEA) to "address a glaring gap in Federal law" by, for the first time, criminalizing the theft of "intangible property, such as trade secrets or...more

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