About the Course:
Violating the Economic Espionage Act is very costly in terms of both monetary damages and imprisonment. To wit:
- A former Dow scientist was sentenced to five years in prison for stealing trade secrets relating to Dow Chemical’s CPE process and product technologies and conspiring to sell the technology to various Chinese companies.
- A former Boeing engineer was sentenced to 188 months imprisonment for stealing trade secrets relating to the Delta IV Rocket, F-15 Fighter, and the Space Shuttle.
- MGA was awarded $309 million for Mattel having infiltrated confidential competitor showrooms to obtain an illicit preview of the new Bratz products.
- Starwood was awarded $150 million for Hilton stealing trade secrets relating to the W Hotels for its new luxury life style brand.
This unique webinar discusses the history and background of the Economic Espionage Act. Discussion of what the Act covers as well as possible amendments to the Act is provided. Insight is imparted about litigation and prosecution under the Economic Espionage Act.
The following are among the issues discussed during the webinar:
- Is the Economic Espionage Act only to be used when non-US companies misappropriate trade secrets from American companies?
- Is misappropriation of know-how covered under the Economic Espionage Act?
- What are the disadvantages of reporting trade secret misappropriation to government officials?
- What are some steps companies can take to avoid becoming victims of espionage?
- To what extent can misappropriation of trade secrets trigger simultaneous litigation in the civil, state and federal spheres?
- What measures can companies take to reduce the risk of trade secret theft when outsourcing?
- Can the Economic Espionage Act be invoked to assist an American plaintiff collect judgments outside of the United States?
- To what extent can the Economic Espionage Act assist American companies that are pressured by foreign governments to disclose their trade secrets?
- In calculating damages resulting from trade secret misappropriation, does apportionment apply?
- Are treble damages awarded in trade secret misappropriation cases?
- What is the intersection of invoking Fifth Amendment prerogatives and prosecution under the Economic Espionage Act?
- To what extent do Protective Orders prevent the dissemination of trade secrets in litigation?
- What actions is the Obama Administration taking to mitigate the theft of US trade secrets?
Course Leader: Peter J. Toren, Partner, Weisbrod Matteis & Copley PLLC
Peter J. Toren has successfully represented clients for over 20 years in intellectual property and commercial litigation matters throughout the United States at both the trial and appellate levels.
Mr. Toren’s practice has a strong focus on patent, trademark, copyright, and trade secret cases as well as other complex commercial disputes. His representations often involve complex technologies, including computer software and hardware, light emitting diodes, bio-technology, semiconductor manufacturing and fabrication, optics and medical devices as well as business methods. He also has successfully obtained and defended motions for preliminary injunctions and summary judgment motions involving the Patent Act, Copyright Act, Lanham Act, Digital Millennium Copyright Act and Computer Fraud and Abuse Act.
Course Length: Approx. 1.5 hours