Strategies For Parallel Criminal, Civil Trade Secret Litigation

By Jessica Nall and Katelyn Sprague (December 18, 2020, 4:30 PM EST) -- There are many circumstances in which the same facts or transactions at issue in a civil litigation will also give rise to a government investigation and subsequent criminal prosecution or enforcement action that will proceed in parallel to the civil action by a private plaintiff.

This frequently occurs in trade secrets misappropriation cases, particularly where a foreign nexus to the alleged trade secrets theft may provide the basis for an economic espionage charge.

A parallel criminal trade secrets investigation presents significant implications for the parties to civil trade secret matters, particularly with respect to case continuity and discovery.

As the number...

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