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Trade Secrets › Federal Bureau of Investigation

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Society of Corporate Compliance and Ethics...

The FBI on Economic Espionage

Society of Corporate Compliance and Ethics... on

Economic espionage sounds more like the stuff of a spy thriller than a day-to-day concern for business. Not so, as it turns out. To learn more we sat down with the FBI’s Counterintelligence Division Unit Chief Matthew Charles...more

Axinn, Veltrop & Harkrider LLP

The Five Eyes Stare Down Trade Secret Theft

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On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual property ("IP") and trade secret theft. While geopolitics and national security issues might...more

Freeman Law

U.S. Supreme Court Narrows Computer Fraud & Abuse Act

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The U.S. Supreme Court recent decision in Van Buren v. United States significantly impacts the scope of the Computer Fraud & Abuse Act (“CFAA”).  The case carries implications for computer fraud prosecutions, employee abuse...more

Jackson Walker

Supreme Court Restricts Use of Computer Fraud and Abuse Act

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In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Constangy, Brooks, Smith & Prophete, LLP

CFAA Conviction Requires Some Kind Of A "Hack," Supreme Court Says

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Mere "misuse" of information is not enough. The U.S. Supreme Court decided yesterday that a criminal conviction under the Computer Fraud and Abuse Act cannot be based merely on misusing information obtained through a...more

Dechert LLP

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

Dechert LLP on

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

Fox Rothschild LLP

Beware Of Online Scammers

Fox Rothschild LLP on

The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

International Lawyers Network on

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Seyfarth Shaw LLP

FBI and CISA Issue Joint Warning to Academic Institutions and Research Organizations About Targeting of COVID-19 Research

Seyfarth Shaw LLP on

On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued a joint Public Service Announcement (PSA) about a threat to...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The FBI on Why and How to Work with the Office of the Private Sector

Society of Corporate Compliance and Ethics... on

The FBI wants you, but it’s not why you think. Spencer Evans, the Section Chief in the Office of the Private Sector (OPS), explains that the OPS is here to help and wants you to get involved. He begins the podcast by...more

Orrick - Trade Secrets Group

The DOJ’s China Initiative—Protecting Your Assets

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As anticipated in May, rising trade tensions between the U.S. and China have led to a series of escalating measures including tariffs and trade investigations. In July 2019 testimony to the Senate Judiciary Committee, FBI...more

Pillsbury Winthrop Shaw Pittman LLP

Six-Month Update: “China Initiative” on Criminal Trade Secret Theft

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New cases illustrate priorities of businesses and government. Most criminal cases are initiated by victim companies....more

Jones Day

DOJ Launches China-Focused Criminal Enforcement Initiative

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The new "China Initiative" is intended to respond to perceived U.S. national security threats from China. The U.S. Department of Justice ("DOJ") has announced a new criminal enforcement initiative that targets China, with...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

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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

Holland & Knight LLP

Recent Criminal Prosecutions for Trade Secret Theft

Holland & Knight LLP on

Theft of trade secrets typically spurs civil actions against the offender, but theft of trade secrets can also be prosecuted criminally under the Economic Espionage Act, 18 U.S.C. § 1831 et seq. (the “Act”) and other related...more

King & Spalding

Also In the News - Data, Privacy, & Security Practice Report - May 2016 #2

King & Spalding on

K&S Client Alert: Third Try Is A Charm: Defend Trade Secrets Act Of 2015 Enacted Into Law—For the third consecutive year, Congress introduced legislation to create a federal civil cause of action for trade secret...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...

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

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With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Orrick - Trade Secrets Group

Hacking Your Rivals – Corporate Espionage in Major League Baseball

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As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

McDonnell Boehnen Hulbert & Berghoff LLP

Another Aleynikov Trade Secrets Case Ends with Narrower Statute

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Robinson & Cole LLP

First suspected domestic corporate espionage hacking incident happens on the baseball diamond

Robinson & Cole LLP on

This story should tell you something: hacking doesn’t only happen in department stores and hospital databases. Now, the Federal Bureau of Investigation (FBI) is investigating the front-office officials for Major League...more

Orrick - Trade Secrets Group

ANOTHER WIN FOR ALEYNIKOV: Judge Tosses Evidence in Ex-Programmer’s Latest Case

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Sergey Aleynikov fought the law, and the law lost—again. Judge Ronald A. Zweibel of the New York Supreme Court has thrown out a raft of evidence originally gathered by the FBI for federal prosecution and later offered...more

Orrick - Trade Secrets Group

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

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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

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