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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: Economic Espionage Act

Chinese Espionage Latest Target: Correction Fluid

Posted in Espionage, International

Spell check features in word processing programs sent correction fluid the way of the buggy whip. Walter Liew and Robert Maegerle, however, saw a $28 million dollar payout to sell the secrets to, among other things, typewriter correction fluid. It is doubtful that they can “white out” the bars of their new prison cells, though.

Liew, a California engineering consultant, … Continue Reading

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Espionage, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets, Unfair Competition

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all Continue Reading

U.S. Senators Propose Legislation To Strengthen Federal Criminal Trade Secret Laws

Posted in Cybersecurity, Data Theft, International, Legislation, Trade Secrets

Senators Sheldon Whitehouse (D-R.I.) and Lindsey Graham (R-S.C.) recently proposed a draft discussion bill to amend the federal Economic Espionage Act and enhance criminal trade secret protections.  

The amendments would expand the Economic Espionage Act to expressly cover trade secret misappropriation sponsored by foreign governments and theft taken at their request, provide victims with additional procedures to protect their trade … Continue Reading

New York State Court Rejects Double Jeopardy Argument In Data Theft Case

Posted in Data Theft, Espionage, Trade Secrets

We have previously written about Sergey Aleynikov, a former computer programmer for an investment bank who beat federal charges of trade secret theft under the Economic Espionage Act in 2012.  Although Aleynikov was initially convicted of these charges, the Second Circuit Court of Appeals overturned his conviction, finding that the trade secrets relating to the source code Aleynikov had taken … Continue Reading

Upcoming Webinar: Trade Secrets in the Telecommunications Industry

Posted in Trade Secrets

In Seyfarth’s next installment in its series of 2013 Trade Secret Webinars, on Wednesday, February 20, 2013, at 12:00 p.m. Central Standard Time, Seyfarth attorneys Jim McNairy, Mark Hansen and Justin Beyer will address the role that trade secrets play in the telecommunications industry. The Seyfarth panel will specifically address the following topics:… Continue Reading

 What information qualifies as trade secret
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Aleynikov Case Continues to Grab Headlines in Trade Secrets Community

Posted in Data Theft, Espionage, Trade Secrets

Last year, Sergey Aleynikov, a computer programmer, beat federal charges of trade secret theft under the Economic Espionage Act. Although Aleynikov was initially convicted, the Second Circuit Court of Appeals overturned his conviction, finding that the trade secrets relating to the source code Aleynikov had taken were not related to a product “produced for. . . interstate or foreign … Continue Reading

President Obama Signs Economic Espionage Act Amendments That Significantly Enhance The Penalties For Trade Secret Theft By Foreigners

Posted in Data Theft, Espionage, Legislation

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

Department of Justice Issues Report Highlighting Trade Secret Theft Prosecutions And Need For Companies To Vigilantly Protect Their Data

Posted in Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Espionage, Trade Secrets

By Jessica Mendelson and Robert Milligan

In December 2012, the Department of Justice released a “Summary of the Major U.S. Export Enforcement, Economic Espionage, Trade Secret and Embargo-Related Criminal Cases.”

The report includes the major export enforcement, trade secret theft, economic espionage, and embargo-related criminal prosecutions handled by the United States Department of Justice between January 2007 and December 2012.… Continue Reading

President Obama Signs Trade Secrets Clarification Act and House of Representatives Considers Enhancing Economic Espionage Act Penalties

Posted in Data Theft, Espionage, Legislation, Trade Secrets

On December 28, 2012, President Obama signed into law the Trade Secrets Clarification Act to ensure that the Economic Espionage Act will cover trade secret violations for products or services used or “intended for use” in interstate commerce or foreign commerce.

The Senate passed the legislation in November and the House of Representatives approved the legislation earlier this month.… Continue Reading

U.S. House of Representatives Passes Theft of Trade Secrets Clarification Act

Posted in Data Theft, Espionage, Legislation, Trade Secrets

By Robert Milligan and Jessica Mendelson

The United States House of Representatives approved the Theft of Trade Secrets Clarification Act today under a suspension of the House Rules, a process intended to expeditiously resolve non-contentious measures. The Act broadens federal law to ensure it addresses the theft of trade secrets related to a product or service used or intended to … Continue Reading

United States Senate Unanimously Approves the Theft of Trade Secrets Clarification Act

Posted in Data Theft, Espionage, Legislation, Trade Secrets

Last week, the United States Senate unanimously approved the Theft of Trade Secrets Clarification Act (“the TTSCA”). The TTSCA, which was co-authored by Senator Patrick Leahy of Vermont and Senator Herbert Kohl of Wisconsin, was introduced as S.3462 in order to strengthen the Economic Espionage Act of 1996 (“the EEA”). To achieve this goal, the TTSCA broadens federal law to … Continue Reading