The Economic Espionage Act

Foreign corporate spying and the theft of trade secrets are alive and well, according to the federal government. And the Economic Espionage Act is an important tool in combatting such activities. From law firm Quinn Emanuel:

“The [Economic Espionage Act] is a far-reaching law that criminalizes two distinct but related types of trade secret misappropriation: ‘Economic espionage’ and ‘theft of trade secrets.’ These offenses share three elements: (1) misappropriation of information; (2) with knowledge or belief that the information is a trade secret; and (3) that the information is, in fact, a trade secret… In addition to the substantive offenses of economic espionage and theft of trade secrets, the EEA also punishes attempt and conspiracy to commit either offense. While trade secrets lie at the heart of the substantive offense, in the case of a conspiracy or attempt charge, ‘the existence of an actual trade secret’ is not required, but ‘rather, proof only of one’s attempt or conspiracy with intent to steal a trade secret.’”

Read the full update, Spotlight on the Economic Espionage Act, Quinn Emanuel Urquhart & Sullivan, LLP»