When the Walt Disney Company built the “It’s a Small World” ® ride for the New York World’s Fair in 1964, they probably had no idea of the challenges that globalization could pose 50 years later. From cases involving the sale of stolen trade secrets to foreign companies to departing employees setting up competing business in different jurisdictions, many … Continue Reading
To accommodate our global audience, the fifth installment in the 2014 Trade Secrets Webinar Series will be available as an on-demand broadcast on Thursday, July 31, 2014 at 9:00 a.m. Central. Please register to receive access to the broadcast.
Seyfarth attorneys Wan Li, Ming Henderson, Justine Turnbull and Daniel Hart will focus on non-compete and trade secret considerations from an … Continue Reading
Bringing to light the fact that US and Chinese forums can reach opposite conclusions on the same trade secret misappropriation allegations, China-based rubber and tire resin manufacturer Sino Legend urged the U.S. International Trade Commission (ITC) to consider a parallel Chinese court proceeding seeking to convince the Commission to overturn an unfavorable initial determination by the Administrative Law Judge (“ALJ”).… Continue Reading
In a story that Hollywood would love to script, the U.S. Government charged Sinovel and its executives with soliciting the then-head of the Automation Engineering Department of AMSC’s Austrian subsidiary, AMSC Windtec GmbH, to steal AMSC’s source code in order that Sinovel might bypass a commercial relationship with AMSC and utilize AMSC’s trade secrets without paying for ongoing software licenses. … Continue Reading
Counterfeiting and piracy is estimated to cost the U.S. hundreds of billions of dollars every year. According to the Business Software Alliance, if the U.S. could reduce piracy by 10 percent in two years, it would add $52 billion in GDP, $8 billion in tax revenue, and create more than 25,000 new jobs. California alone is losing an estimated … Continue Reading
Cybersecurity has become a growing concern in the United States. Legislation impacting this topic covers a variety of fields, including national security and defense, trade and international relations, intellectual property, and even privacy and civil liberties. As technology is constantly changing, so too are the types of restrictions in place.
Today is the deadline for public comments requested by the Obama Adminstration on any proposed changes to federal law to combat trade secret theft.
Some legal commentators have proposed several suggested changes to improve America’s trade secrets laws, including creating a federal civil cause of action for trade secrets misappropriation and clarifying that the … Continue Reading
The theft of trade secrets by foreign companies, especially those in China, from American companies is a hot topic among lawmakers and in the press. A recent opinion from the Fifth Circuit Court of Appeals dealt a blow to the ability of American companies to bring lawsuits in the United States for trade secret theft in some circumstances, at least … Continue Reading
On January 14, 2013, President Obama signed the Foreign and Economic Espionage Penalty Enhancement Act of 2012.
The Act enhances the penalties for certain violations of the Economic Espionage Act.
The purpose of the Act was to amend title 18, United States Code, to provide for increased penalties for foreign and economic espionage.
Under the Act, the upper limit … Continue Reading
The Federal Circuit caught the attention of the ITC and trade secret litigators alike when it ruled in TianRui Group Co. v. ITC that the ITC can exercise its jurisdiction over acts of misappropriation occurring entirely in China.
The Commission initiated Investigation No. 337-TA-655 based on allegations that TianRui and a group of related respondents unlawfully accessed … Continue Reading
By Jessica Mendelson and Robert Milligan
On July 17, 2012, Democratic senators Herb Kohl (Wisconsin), Sheldon Whitehouse (Rhode Island), and Chris Coons (Delaware) introduced legislation which they believe will aid American companies in effectively combating the theft of trade secrets. The proposed legislation, known as the Protecting American Trade Secrets and Innovation Act of 2012(“PATSIA”), will allow American companies … Continue Reading
The FBI recently launched an initiative to curb the growing rise of trade secret and other intellectual property theft. The FBI estimates that U.S. companies have suffered over $13 billion in economic losses since October 2011 attributed to intellectual property theft, which includes the estimated future market value of stolen trade secrets.
U.S. Senators Herb Kohl (D-WI) and Christopher Coons (D-DE) introduced an amendment to the Currency Exchange Rate Oversight Reform Act yesterday aimed at protecting American trade secrets and innovation.
Currently, Title 18 of the US Code only permits the Attorney General to bring a civil action in federal court for trade secret theft. The amendments would open the federal courts to … Continue Reading
By Erik Weibust (Boston)
Illustrating the roadblocks that Taiwanese companies still must overcome to do business in mainland China (Taiwan split from China amid a civil war in 1949), Forbes.com is reporting that electronics giant Hon Hai Precision Industry Co. recently took out half-page ads in major Taiwanese newspapers complaining about delays in a Chinese court over the prosecution … Continue Reading
Judge Leoni Brinkema (E.D. Va.) sentenced Gregg W. Bergersen to almost five years in prison for his role in providing secret information about U.S.-Taiwanese military relationships to a Chinese spy. According to Matthew Barakat, writing for the Associated Press, View Article, the Chinese spy (Tai Kuo) fronted as a New Orleans furniture salesman who was aligned with Taiwan. Instead, … Continue Reading