In an order dated April 20, 2017, New York’s Court of Appeals agreed to hear Sergey Aleynikov’s appeal of his conviction under an arcane New York criminal statute.
Aleynikov is a former Goldman Sachs computer programmer, arrested in July 2009 and accused of stealing computer source code from the bank. Originally, a federal jury found him guilty of violating both the National Stolen Property Act and the Economic Espionage Act, but that verdict was overturned by the Second Circuit in April 2012 (after Aleynikov had been incarcerated for over a year).
More recently, Aleynikov also ...
[caption id="attachment_2116" align="alignright" width="113"] James P. Flynn[/caption]
In the recent case of United States v. Nosal, the United States Court of Appeals for the Ninth Circuit confirmed the applicability of both the Computer Fraud and Abuse Act and the Economic Espionage Act as safeguards against theft of trade secrets by departed former employees. Importantly, Nosal applied such laws to convict a former employee in a case involving domestic businesses and personnel without any alleged overseas connections. Because of civil enforcement provisions in the CFAA ...
In what has become an annual rite, legislators from both sides of the aisle in the U.S. Congress again have proposed a bill seeking to create a private right of action allowing companies to assert civil trade secret misappropriation claims under federal law (which would supplement the existing patchwork of state law remedies). As we have blogged previously, similar bills were introduced in 2013 and 2014, but despite some progress they were not enacted into law.
Like past legislative efforts, the Defend Trade Secrets Act of 2015 would amend the Economic Espionage Act of 1996 (which ...
- Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in Partnership Agreements
- Trade Secrets Litigation: 2024 Update
- Spilling Secrets Podcast: Invention Ownership - Why the Tense Matters in Employee IP Provisions
- Preparing for Non-Compete Litigation: 2024 Update
- Garden Leave Provisions in Employment Agreements: 2024 Update