News & Analysis as of September 18, 2024

Trade Secrets › National Security

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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 -

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

Alston & Bird on 8/13/2024

On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

The Five Eyes Stare Down Trade Secret Theft

Axinn, Veltrop & Harkrider LLP on 10/30/2023

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

Justice Department Announces Trade Secret Theft and Other Charges Following Recently Launched Technology Strike Force

Epstein Becker & Green on 5/22/2023

Earlier this year, the United States Department of Justice (“DOJ”) announced that it was launching the Disruptive Technology Strike Force (“Strike Force”) in an effort “to target illicit actors, strengthen supply chains and...more

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

Kohrman Jackson & Krantz LLP on 5/18/2023

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

China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

Morgan Lewis on 5/11/2023

The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more

Trust and National Security: Lessons for Business Insider Threat Programs

StoneTurn on 5/10/2023

The recent arrest and criminal charges against Airman First Class Jack Teixeira for the alleged posting of classified and sensitive information on social media is yet another example of the significant risk that trusted...more

Congress and the President Act to Protect America's Intellectual Property - New Law Gives Broad Discretion to Sanction Foreign...

Davis Wright Tremaine LLP on 5/5/2023

On January 5, 2023, the President signed into law the Protecting American Intellectual Property Act of 2022 ("PAIP" or "Act"), which requires the President to impose a range of sanctions on any foreign person that the...more

JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties

Jones Day on 3/14/2023

Economic forces attracting Taiwanese workers to China have resulted in the development of a stricter National Security Act regulating trade secrets in Taiwan. Jones Day Partner Po-Chien Chen explains Taiwan's trade secret...more

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets...

Womble Bond Dickinson on 3/10/2023

The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...more

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

Sheppard Mullin Richter & Hampton LLP on 1/19/2023

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

The Protecting American Intellectual Property Act

Goodell, DeVries, Leech & Dann, LLP on 1/12/2023

The bipartisan Protecting American Intellectual Property Act was passed by the U.S. Senate and House of Representatives and sent on to President Biden for signature. Although the bill proclaims to protect intellectual...more

New Act Authorizes Sanctions for Trade Secret Theft

Morgan Lewis on 1/6/2023

Congress recently passed and sent to the president the Protecting American Intellectual Property Act of 2022. The act mandates sanctions on entities and individuals identified by the executive branch as having committed...more

Congress Passes The Protecting American Intellectual Property Act of 2022

Houston Harbaugh, P.C. on 12/28/2022

Pittsburgh, Pennsylvania Trade Secret and DTSALaw® | Lawyers | The Protecting American Intellectual Property Act | 2022 | S. 1294- In furtherance of the U.S. Government’s effort to protect American intellectual property, the...more

6 Key Takeaways | Criminal Trade Secret Theft

Kilpatrick on 8/17/2022

Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS). ...more

Recent Trends in China-Related Cross-Border Enforcement

Skadden, Arps, Slate, Meagher & Flom LLP on 8/5/2022

Key Points and Practical Advice In February 2022, the U.S. Department of Justice (DOJ) announced that the China Initiative, launched in November 2018 to counter perceived threats to U.S. national security from China, was...more

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

ArentFox Schiff on 7/1/2022

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

What Corporations Need to Know: CFIUS Review is Needed Before Initiating Intellectual Property Transactions With Foreign Companies

Houston Harbaugh, P.C. on 5/6/2022

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...more

[Ongoing Program] Session 2: Trade Policy Outlook Under The Biden Administration - September 14th, 10:00 am - 11:00 am KST

McDermott Will & Emery on 9/8/2021

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more

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

Dechert LLP on 10/29/2020

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

Chinese and Russian Hackers Targeting COVID-19 Vaccine Research

Orrick - Trade Secrets Group on 8/5/2020

The latest development in the Department of Justice’s “China Initiative” occurred earlier this month, as the DOJ unsealed an 11-count indictment charging two Chinese nationals with stealing hundreds of millions of dollars’...more

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

Oberheiden P.C. on 7/29/2020

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

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

Society of Corporate Compliance and Ethics... on 11/8/2019

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

US Targets Telecommunications Transactions Involving the Information and Communications Technology and Services Supply Chain

White & Case LLP on 5/21/2019

On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more

3 Trends in Criminal Trade Secret Prosecution

Farella Braun + Martel LLP on 1/24/2019

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

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

Skadden, Arps, Slate, Meagher & Flom LLP on 11/29/2018

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

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Trade Secrets › National Security

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