US V. Chung — A Study Of Economic Espionage

Law360, New York (December 20, 2011, 12:31 PM EST) -- The recent Ninth Circuit decision in United States v. Chung, 659 F.3d 815 (9th Cir. 2011), is the first appellate court decision in the country addressing foreign economic espionage (Section 1831) issues on the merits since the statute was enacted in 1996.

While the case has not received extensive discussion, it highlights some important issues and lessons for practitioners and businesses. In Chung, the Ninth Circuit considered the definition of a trade secret, the reasonable measures standard, the “intent to benefit a foreign government” element, a...
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