Posts Tagged: Economic Espionage Act


Separating Fact from Fiction in United States v. Levandowski

In August, the United States Attorney’s Office (USAO) for the Northern District of California charged a pioneer of self-driving car technology, Anthony Levandowski, with 33 counts of …
By Peter J. Toren
2 months ago 1

Huawei/CNEX and the Role of Trade Secrets in the U.S.-China Trade War

In late May, news reports surfaced regarding allegations of trade secret theft committed by Chinese telecom giant Huawei Technologies that had been made in an Eastern District …
By Steve Brachmann
5 months ago 2

The Blades Just Keep Spinning

Sinovel encouraged him to leave AMSC, promising to pay him a million dollars over five years (along with an apartment, and, reportedly, a prostitute). His advance was …
By James Pooley
1 year ago 2

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
2 years ago 5

Making a Federal Case out of Trade Secrets

“The most important change was that DTSA allowed someone claiming their trade secret was being used improperly to go into a federal court,” explained Jacoby. “In most …
By Amanda G. Ciccatelli
2 years ago 4

The Extraterritorial Reach of U.S. Trade Secret Law

The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law’s “local” roots. In the United States, common law trade …

Available Remedies under the DTSA

The DTSA amends the Economic Espionage Act of 1996 (“EEA”) to provide for civil remedies in federal courts for the misappropriation of trade secrets. The new Section 1836(b) …
By Peter J. Toren
3 years ago 0

Handle with Care: Civil Seizure Under the Defend Trade Secrets Act

The DTSA’s provision for civil seizures provides victims of trade secret theft with a powerful remedy to prevent further dissemination of the trade secret and limit …
By Peter J. Toren
3 years ago 0

Misappropriation of a Trade Secret Under the DTSA

The DTSA amends the definition of misappropriation from what was found in the EEA to bring the definition more in line with that of the Uniform Trade …
By Peter J. Toren
3 years ago 0

Definition of a ‘Trade Secret’ Under the DTSA

In general, the form of the information qualifying as a trade secret under the DTSA is extremely broad, and includes information of any form, regardless of “how …
By Peter J. Toren
3 years ago 1

A Legislative History of the Defend Trade Secrets Act of 2016

Legislative history is, of course, the compilation of the legislative process’ source documents—committee reports, hearing transcripts, bills and floor debate—to understand the Congressional intent behind …
By John Cannan
4 years ago 1

President Obama Signs Federal Defend Trade Secrets Act

The DTSA amends the federal Economic Espionage Act of 1996 to create, for the first time, a federal civil remedy for the misappropriation of trade secrets. This new …

Five Things to Know About the Defend Trade Secrets Act

On April 27, 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), which President Obama is scheduled to sign later today. The DTSA extends the current Economic Espionage Act …
By Peter J. Toren
4 years ago 6

It’s Time for Congress to Start Protecting Trade Secrets

While trade secrets have become more important, advances in electronics like flash drives and smartphones have made data theft almost infinitely easier and faster. And unlike the …
By James Pooley
4 years ago 3

NY v. Aleynikov: NY Penal Code, Federal Criminal Law Unprepared to Deal with Source Code Theft

Employers often assume that they have the same weapons in their arsenal to prevent theft of virtual trade secrets as they have against other types of loss. …
By Joshua R. Rich
4 years ago 8