News & Analysis as of

Misappropriation Criminal Conspiracy

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

Miller Canfield on

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for April 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Freeman Law

The Sentencing Guidelines and Intellectual Property Crimes

Freeman Law on

Most intellectual property offenses are calculated and sentenced under U.S.S.G. Sections 2B5.3 and 2B1.1. Section 2B5.3 covers most intellectual property offenses, including copyright, trademark, counterfeit, bootleg,...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

Akin Gump Strauss Hauer & Feld LLP

U.S. v. Blaszczak: The 2nd Circuit Makes it Easier to Prosecute Insider Trading

Key Points: The 2nd Circuit has issued a landmark decision for insider trading enforcement that will make it significantly easier for the government to prosecute insider trading in criminal cases. The decision may also...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

Huawei Alleges “Selective Prosecution” by the DOJ

In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice. On August 1, Huawei moved to...more

Snell & Wilmer

Republishing DNC’s Stolen Secrets Not Trade Secret Misappropriation

Snell & Wilmer on

On April 20, 2018, the Democratic National Committee (“DNC”) sued the Russian Federation, Donald J. Trump for President, Inc. (the “Campaign”), WikiLeaks, and other defendants relating to the Russian Federation’s theft of...more

Seyfarth Shaw LLP

Fed Seeks to Bar Two Bankers for Life for Stealing Confidential Information

Seyfarth Shaw LLP on

After being slapped with a post-trial judgment last April totaling $2.2 million for misappropriation of confidential and proprietary information, two Wyoming bank executives were named in an unprecedented “Notice of Intent to...more

Eversheds Sutherland (US) LLP

Ex-banker forfeits $43.7 million and pleads guilty to conspiracy to violate the FCPA and launder money

A former banker has agreed to forfeit $43.7 million and has pled guilty to Foreign Corrupt Practices Act (FCPA) violations and money laundering in one of the largest individual FCPA enforcement cases to date. The two-count...more

Orrick - Trade Secrets Group

Campaigning For Protection Of Political Trade Secrets

As widely reported, on April 20, the Democratic National Committee (“DNC”) kicked off a twelve count lawsuit against a number of entities and individuals, including the Russian Federation, General Staff of the Armed Forces of...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

Orrick - Trade Secrets Group

Accounts Frozen: DOJ Alleges Seven Defendants Conspired To Misappropriate Trade Secrets

Competition from Chinese companies shows no signs of slowing. Likewise, allegations of trade secret theft against Chinese companies are increasingly common. In this case, the U.S. Department of Justice linked allegations of...more

Mintz - Intellectual Property Viewpoints

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

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