Critical Issues for Foreign Defendants in International Trade Secrets Litigation - Parts I and II
By Jeff Pade
Of the many issues that international businesses face, managing trade secret risks in an increasingly digital age is one of the more daunting challenges. In this two-part article, the author discusses international trade secret misappropriation and litigation. The first part of the article, which appeared in the May 2016 issue of Pratt’s Privacy & Cybersecurity Law Report, explored civil trade secrets risks facing foreign businesses, the criminal components of trade secrets litigation, and the U.S. government’s extraterritorial reach in Economic Espionage Act cases. This second part of the article focuses on federal prosecutors’ pursuit of criminal prosecution while civil trade secrets litigation is ongoing or contemplated, the unique opportunities and risks of parallel civil and criminal trade secrets proceedings, cross-border investigations, and future developments.
This piece was submitted to Pratt’s Privacy & Cybersecurity Law Report prior to Obama signing the new Federal Trade Secrets Law, the Defend Trade Secrets Act, into law on May 11, 2016.