How The 2nd Circ. Aleynikov Opinion Went Awry

Law360, New York (July 9, 2012, 12:28 PM EDT) -- In April, the Second Circuit in United States v. Aleynikov created an unfortunate cloud over the scope of the federal trade secret statute.[1] In reversing the trade secret theft conviction of a computer programmer who had misappropriated his employer’s source code, the court held that the stolen source code did not satisfy the interstate commerce element under 18 U.S.C. § 1832(a).[2]

Under this provision, the federal statute applies to the misappropriation of a trade secret that “is related to or is included in a product that...
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