6 Key Takeaways | Criminal Trade Secret Theft
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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
In her interview on the Whistleblower Network News Whistleblower of the Week podcast, Reality Winner reflected on many elements of her whistleblower journey, from her decision to blow the whistle to her incarceration. Among...more
What must you show to prove that someone misappropriated trade secrets? The Arkansas Uniform Trade Secrets Act provides that misappropriation of trade secrets can be shown in one or more of three ways: acquisition or physical...more
Topic Links Maritime trade is essential to America's economic viability and national security interests. The U.S. Marine Transportation System (MTS) – comprising an intricate system of ports, terminals, vessels, waterways and...more
Editor's Note: In a historic and bold move, the U.S. government has implemented unprecedented sanctions against the Intellexa Consortium and its key figures for their roles in deploying spyware that jeopardizes privacy and...more
On February 28, 2024, President Biden announced that he was issuing an Executive Order (the "EO") directing the promulgation of regulations to limit the dissemination of "bulk sensitive personal data" and "United States...more
As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more
The digital age has generated an unprecedented data influx threatening even the most formidable enterprises. The challenges are no longer just about competition or market share; it is a battle against time, complexity, and...more
...While reliable information from China has always come at a premium, recent restrictions on previously available business intelligence as well as Chinese enforcement actions against foreign investigative diligence firms are...more
According to recent reports issued by Microsoft and U.S. government agencies, hackers recently exploited a gap in Microsoft’s cloud environment, enabling the malicious actors to access the email accounts of employees at the...more
Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of...more
On July 1, 2023, an amendment to the Counterespionage Law of the People’s Republic of China (2014) (2023 Amendment) took effect, following adoption by the Standing Committee of the 14th National People’s Congress of the...more
Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more
When the Departments of Justice and Commerce launched the Disruptive Technology Strike Force, they trained their sights on preventing foreign adversaries from obtaining critical advanced technologies. The Strike Force acted...more
On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more
With the amended Counter-Espionage Law, China has broadened its definition of “espionage” to give information related to “national security and interests” the same protections already given to state secrets. The amended...more
Chinese lawmakers approved revisions to the country’s counterespionage law on 23 April 2023, broadening the definition of spying and banning the transfer of any information related to national security interests (which are...more
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
Russia - Former Special Agent in Charge of the FBI New York Counterintelligence Division Charged with Violating U.S. Sanctions on Russia (DOJ) Those involved. Charles McGonigal, former Special Agent in Charge of the FBI...more
In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific...more
On January 10, 2023, the SEC filed a subpoena enforcement action against Covington, a large law firm that was victimized by the so-called Hafnium cyberattack by Chinese state actors. Hafnium reportedly was engaged in...more
The term “metaverse” first appeared in 1992 as an abstract concept in Neal Stephenson’s dystopian novel Snow Crash. Two decades later, the Metaverse has since evolved from a mere idea to a figment of everyday reality, as it...more
Prestige Ransomware Emerges, Targets Ukraine and Poland - A new ransomware variant has emerged in the wild, being used in targeted attacks against the logistics and transportation sectors within Ukraine and Poland. The...more
Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS). ...more
Spyware Vendor RCS Labs Observed Infecting Android and iOS users with Commercial Surveillance Tools - Google's Threat Analysis Group (TAG) published a report regarding RCS Labs' activity involving infecting Android and iOS...more