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Theft Economic Espionage Act

Kohrman Jackson & Krantz LLP

Federal Appellate Court Approves Pretext Border Search Based on Trade Secret Theft Suspicion

For almost nine years, Haitao Xiang, a Chinese national and U.S. resident, had worked for Monsanto, Co in St. Louis as a research application engineer specializing in hyperspectral imaging technology. As with most jobs of...more

Troutman Pepper

Protecting Trade Secrets: Lessons Learned From the Levandowski Case

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Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...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 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

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

Dechert LLP

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

Dechert LLP on

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

Orrick - Trade Secrets Group

Proving “Loss” Under the Economic Espionage Act – Not Always Straightforward

The Obama Administration’s focus on criminal trade secret prosecutions under the Economic Espionage Act (EEA) highlights the legal complexities at the murky intersection between criminal and civil jurisprudence in trade...more

Faegre Drinker Biddle & Reath LLP

Company Trade Secrets May Get Federal Protection

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

Foley & Lardner LLP

Trending Issues in the Prosecution of Trade Secret Theft

Foley & Lardner LLP on

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

Foley & Lardner LLP

Triaging Trade Secret Theft

Foley & Lardner LLP on

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

Orrick - Trade Secrets Group

Don’t Do the Crime If You Can’t Do The Time: Top 10 Criminal Trade Secret Sentences

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

Orrick - Trade Secrets Group

Printing Hard Copies Of Stolen Source Code: The Difference Between Freedom And Incarceration In The Second Circuit

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

Orrick, Herrington & Sutcliffe LLP

IP Alert: White House Launches Effort to Curb Trade Secret Misappropriation

On February 20, 2013, the White House issued a report outlining a new plan to combat trade secret theft from U.S. businesses. Faced with the escalating theft of U.S. trade secrets and noting “the crucial role of trade...more

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