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Circuit Court Opinion Confirms Broad Scope of Federal Criminal Trade Secrets Statute

By Mark A. Klapow & Stephen M. Byers on September 1, 2013
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In United States v. Jin, the Seventh Circuit recently ruled on several issues illustrating the broad scope of the federal Economic Espionage Act (EEA), namely: (1) The element requiring proof of intent to benefit someone other than the trade secret owner can be met even absent proof of intent to pass on stolen materials; (2) Proof of potential injury to the owner of the trade secret can be based on factors other than traditional competitive harm; and (3) The “independent economic value” prong of the definition of a trade secret can be satisfied even where the value of the information cannot be “monetized.”

Click here to read this full alert on Crowell.com.

Photo of Mark A. Klapow Mark A. Klapow
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Photo of Stephen M. Byers Stephen M. Byers

Stephen M. Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group and serves on the group’s steering committee. He is also a member of the firm’s Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers’s practice involves…

Stephen M. Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group and serves on the group’s steering committee. He is also a member of the firm’s Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers’s practice involves counseling and representation of corporate and individual clients in all phases of white collar criminal and related civil matters, including: internal corporate investigations; federal grand jury, inspector general, civil enforcement and congressional investigations; and trials and appeals.

Mr. Byers’s practice focuses on matters involving procurement fraud, health care fraud and abuse, trade secrets theft, foreign bribery, computer crimes and cybersecurity, and antitrust conspiracies. He has extensive experience with the federal False Claims Act and qui tam litigation, the Foreign Corrupt Practices Act, the Economic Espionage Act, and the Computer Fraud and Abuse Act. In addition to defense of government investigations and prosecutions, Mr. Byers has represented corporate victims of trade secrets theft, cybercrime, and other offenses. For example, he represented a Fortune 100 U.S. company in parallel civil and criminal proceedings that resulted in a $275 million criminal restitution order against a foreign competitor upon its conviction for trade secrets theft.

Read more about Stephen M. ByersEmail
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  • Posted in:
    Intellectual Property
  • Blog:
    Trade Secrets Trends
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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