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

Tag Archives: trade secret theft

Upcoming Webinar: Protecting Trade Secrets and Recent Trade Secret Legislation Developments Presented By Seyfarth Shaw LLP, CREATe.org and PwC

Posted in Cybersecurity, Data Theft, International, Trade Secrets

From organized crime and “hacktivists” to competitors and rouge employees, the threats to companies’ trade secrets are more pronounced today than ever before.   A recent report by the Center for Responsible Enterprise And Trade (Create.org) and PricewaterhouseCoopers LLP (PwC) —  Economic Impact of Trade Secret Theft: A framework for companies to safeguard trade secrets and mitigate potential threatsContinue Reading

Big Changes May Be Ahead for the Nation’s Trade Secret Laws

Posted in Data Theft, Espionage, Legislation, Trade Secrets

By Robert Milligan and Joshua Salinas

A significant new bill was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft. 

On Tuesday, April 29, 2014, in a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill.

Senators Coons and Hatch’s bill, … Continue Reading

AMSC/Sinovel Industrial Espionage Thriller Takes a Procedural Detour, Threatening U.S. Criminal Prosecution

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

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

United States Announces Multifaceted Plan To Combat Trade Secret Theft At Home And Abroad

Posted in Data Theft, Espionage, Legislation, Trade Secrets

By Jessica Mendelson and Robert Milligan

On Wednesday February 20, 2013, the White House released a five-point plan (“the Plan”) intended to combat trade secret theft of American trade secrets. 

The plan is a collaboration between various federal agencies, including the Departments of Commerce, Defense, Homeland Security, Justice, State, Treasury, the Office of the Director of National Intelligence and the … 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

Trade Secret Protection Best Practices Webinar: Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours

Posted in Data Theft, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

Please join us for the seventh webinar in the 2012 Trade Secrets Webinar Series on November 28th at noon c.s.t./10:00 a.m. pacific. This webinar will discuss best practices when dealing with newly hired or departing employees and the incumbent trade secret, non-competition and information protection issues.

In today’s highly mobile and competitive world, employees frequently move between companies within the … Continue Reading

Another Federal Court Holds That A Compilation Of Non-Trade Secret Data Can Be A Trade Secret; Court Also Holds That An Unambiguous Written Contract With A Provision Precluding Unwritten Amendments Nonetheless Can Be Modified By Conduct

Posted in Practice & Procedure, Trade Secrets

A collaboration between Beacon Wireless Solutions and Garmin International, to integrate Beacon’s Global Positioning System fleet management vehicle tracking program into Garmin’s personal navigation devices, went awry. Allegedly without Beacon’s knowledge or consent, in order to boost Garmin’s sales, Garmin allegedly published to Beacon’s competitors Beacon’s confidential integration application specifications. Beacon sued, alleging trade secret misappropriation, breach of contract, and unjust enrichment. A few days ago, … Continue Reading

Ninth Circuit En Banc Panel Tells Employers That Computer Fraud and Abuse Act Is Only To Combat Hacking, Not Employee Trade Secret Misappropriation: United States Supreme Court May Need To Resolve Circuit Split

Posted in Computer Fraud, Computer Fraud and Abuse Act

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal and affirmed the judgment of the district court dismissing criminal counts against a former employee of a headhunter firm accused of violating the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. by conspiring with employees of … Continue Reading

Plaintiff Receives Million Plus Attorneys’ Fees Award In Trade Secret Dispute Despite Small Damages Award

Posted in Trade Secrets

A recent trade secret misappropriation action resulted in an award of compensatory damages of $41,000 and punitive damages of $40,000. Then, the plaintiff asked for more than a million dollars in attorney’s fees and costs. The defendants protested that (a) the fee request was grossly disproportionate to the damages that were recovered, and (b) the plaintiff’s billing was excessive. However, … Continue Reading