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Economic Espionage Act Today's Popular Updates

Axinn, Veltrop & Harkrider LLP

Reading Tea Leaves: Oral Arguments in Motorola v. Hytera and the Extraterritorial Reach of the DTSA

Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial...more

Society of Corporate Compliance and Ethics...

Chinese tax software contains malware

Report on Supply Chain Compliance 3, no. 18 (September 17, 2020) - In June of 2020, Trustwave SpiderLabs, a cybersecurity firm, announced it had found malware on tax software downloaded by a client. The malware was embedded...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

Mintz - Intellectual Property Viewpoints

Federal Judge Confirms that Federal Trade Secret Statute Applies to Misappropriation that Occurs Overseas

Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian...more

K&L Gates LLP

Misappropriators Beware: Motorola Court Embraces Extraterritorial Application of the Defend Trade Secrets Act

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On March 5, 2020, the U.S. District Court for the Northern District of Illinois entered a final judgment on a jury verdict of approximately $764.6 million in a high profile trade secret misappropriation case — Motorola...more

Weintraub Tobin

Protect Your Business: What You Need To Know About The New Defend Trade Secrets Act

Weintraub Tobin on

Businesses at every level – from Fortune 500 companies to solo-inventor enterprises – rely on trade secret protections to safeguard their intellectual property trade secrets. American companies and innovators now have...more

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

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Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

BakerHostetler

Defend Trade Secrets Act – A Budding Avenue for Trade Secret Enforcement

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In June, agriculture giant Monsanto was the first to use the Defend Trade Secrets Act (DTSA) by filing a federal suit in the Eastern District of Missouri naming one former employee and a number of John and Jane Does as...more

Ballard Spahr LLP

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

Ballard Spahr LLP on

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Proskauer - New Media & Technology

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

PilieroMazza PLLC

How the New Defend Trade Secrets Act of 2016 Impacts Government Contractors

PilieroMazza PLLC on

The overwhelming bipartisan passage by both the House and Senate of the new Defend Trade Secrets Act of 2016 (“DTSA”) which was signed into law (18 U.S.C. §§ 1831-1839) by the president on May 11, 2016, marks not only an...more

Constangy, Brooks, Smith & Prophete, LLP

The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade...more

Seyfarth Shaw LLP

President Obama Signs the Defend Trade Secrets Act: Tips for Navigating the New Law

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Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of...more

Troutman Pepper

What Employers Need to Know About New Federal Law Protecting Trade Secrets and Confidential Information

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Yesterday, President Obama signed into law the Defend Trade Secrets Act (DTSA), which the Senate and House passed with overwhelming bipartisan support. The DTSA will fill a large hole in the law of trade secrets. In the past,...more

Bilzin Sumberg

Feds Provide Major Boost to Protection of Business Trade Secrets

Bilzin Sumberg on

President Obama is poised to sign the Defend Trade Secrets Act 2016 (“DTSA” or the “Act”), legislation that would fundamentally overhaul the decades-long tradition of state control of trade secrets lawsuits. DTSA, which...more

Orrick - Employment Law and Litigation

Understanding The Defend Trade Secrets Act

With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more

Akerman LLP

Federal "Defend Trade Secrets Act of 2016" Passes in Congress Today: How the DTSA Affects Your Business

Akerman LLP on

Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and...more

Seyfarth Shaw LLP

Proposed US and EU Trade Secrets Laws Progress but Unlikely to be Enacted This Year

Seyfarth Shaw LLP on

There’s no doubt that protection of trade secrets is a major concern for most businesses operating in today’s global economy. As we have previously discussed, a few years ago CREATe.org and PwC US released a report that...more

Foley & Lardner LLP

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Foley & Lardner LLP on

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

McDonnell Boehnen Hulbert & Berghoff LLP

New York v. Aleynikov: New York State’s Penal Code (Like Federal Criminal Law) Does Not Cover Electronic Reproduction of Source...

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

Orrick - Trade Secrets Group

500,000 Lines of Source Code: The New “Intangible Property”

Sergey Aleynikov’s six-year trade secret odyssey through all possible configurations of litigation, civil and criminal, federal and state, may at long last have come to an end after the New York Supreme Court recently...more

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