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ARTICLE · 08 JANUARY 2015

Secrets In The Spotlight

Morrison Foerster
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Companies May Get a New Weapon in the Fight Against Economic Espionage

United StatesStrategy

Companies May Get a New Weapon in the Fight Against Economic Espionage

Efforts to protect property from global threats gained momentum in Washington this summer with the introduction of a pair of bills that would create a federal civil cause of action for trade secret theft.

Currently, intellectual property owners that want to file suit for trade secret theft can only do so in state court. Under the Senate's Defend Trade Secrets Act and the House's Trade Secrets Protection Act, plaintiffs could sue in federal court, where it can be easier to reach defendants that have fled to another state or country.

Both bills, which are similar in scope, have Democratic and Republican sponsors, who cited federal estimates that U.S. businesses lose $300 billion a year as a result of trade secret theft.

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