The U.S. Department of Justice has secured yet another conviction against a Chinese national for trade secret theft which is part of a larger push to protect valuable intellectual property.
Li Chen, a long time biotech researcher in a medical
Trade Secrets Trends
Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement
Trade Secrets Trends, published by Crowell & Moring LLP, focuses on legal developments and practical issues related to trade secret protection, particularly within the European and Belgian legal context. The blog covers topics such as the interpretation and enforcement of trade secret laws by courts, requirements for qualifying information as a trade secret, remedies for misappropriation, burden of proof challenges, and procedural aspects of trade secret litigation. It also addresses the roles of various parties involved in trade secret disputes, including former employees, contractors, and companies, as well as recent regulatory changes affecting related areas like non-compete agreements. The blog provides insights into case law trends and strategic considerations for protecting confidential business information.
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Prison Time for Founding Member of Self-Driving Car Program in Trade Secret Theft Case
Anthony Levandowski, one of the founding members of Google’s self-driving car program and a former Uber executive, was sentenced to 18 months in prison and ordered to pay restitution after pleading guilty to one count of stealing self-driving car trade…
DOJ Step-by-Step Guidance to Determine if Trade Secrets are Confidential Under the Freedom of Information Act (FOIA)
On October 7, 2019, the U.S. Department of Justice (“DOJ”) issued a Step-by-Step Guide for Determining if Commercial or Financial Information Obtained from a Person is Confidential Under Exemption 4 of the FOIA. The Step-by-Step Guide is used by…
DOJ Targets Chinese Hackers for Stealing United States Trade Secrets
This week, the U.S. government continued its enforcement activity against Chinese government-sponsored trade secret theft, indicting two Chinese hackers for allegedly stealing data from 25 domestic and international companies, including targeting those now researching COVID-19 testing, vaccines, and treatment. The…
Harvard Professor Indicted for Allegedly Lying About Participation in Chinese Talent Recruitment Program
The trade secrets of American industries and research institutions are often the target of foreign interests, as this blog has detailed in the past. Most recently, on June 9, 2020, the U.S. Department of Justice (“DOJ”) indicted the former Chair…
China Proposes Harsher Penalties for Trade Secret Theft in Draft Amendment
China’s National People’s Congress has released a draft law for comment that would impose harsher criminal penalties for any trade secret theft from Chinese companies that benefits foreign companies.
China’s current law imposes a maximum sentence of 3 years imprisonment…
Companies Protecting Trade Secrets Should Consider Role of NIST’s Enhanced Security Requirements
Companies looking to protect valuable trade secrets and confidential information routinely employ multiple precautions ranging from employee training to technological safeguards.
Another potential tool in the arsenal, and worth careful consideration for companies operating in the government contract space, is…
Misappropriation Claims Brought Over Tax Trade Secrets
A recent case is a helpful reminder to companies with valuable intellectual property to be diligent in protecting trade secrets and monitoring compliance by employees with access to this confidential information.
On June 15, 2020, Ryan, LLC (“Ryan”) filed a…
L’Oreal Appeals $66 Million Trade Secret Judgment
The legal saga between L’Oreal USA Inc. and Olaplex LLC (“Olaplex”) over a hair-coloring product continues. In August 2019, a Delaware federal jury found that L’Oreal misappropriated Olaplex’s trade secrets, willfully infringed two Olaplex patents, and breached a nondisclosure agreement.…
Faulty Jury Instruction Wipes Out $740 Million Verdict
On June 3, 2020, the Fourth Court of Appeals of Texas overturned a jury verdict awarding HouseCanary, Inc. (“HouseCanary”) $740 million in damages for trade secret theft and fraud against Title Source, Inc., now known as Amrock.
Amrock and HouseCanary…