US court sentences Chinese spy to 20 years for stealing trade secrets; The Guardian, November 16, 2022

Staff and agencies, The Guardian; US court sentences Chinese spy to 20 years for stealing trade secrets

"A US federal court has sentenced a Chinese intelligence officer to 20 years in prison after he was convicted last year of plotting to steal trade secrets from from US and French aviation and aerospace companies.

Xu Yanjun was accused of a lead role in a five-year Chinese state-backed scheme to steal commercial secrets from GE Aviation, one of the world’s leading aircraft engine manufacturers, and France’s Safran Group, which was working with GE on engine development.

Xu was one of 11 Chinese nationals, including two intelligence officers, named in October 2018 indictments in federal court in Cincinnati, Ohio, where GE Aviation is based."

Did Uber Steal Google’s Intellectual Property?; The New Yorker, October 22, 2018 Issue

Charles Duhigg, The New Yorker; Did Uber Steal Google’s Intellectual Property?

"Levandowski, for his part, has been out of work since he was fired by Uber. It’s hard to feel much sympathy for him, though. He’s still extremely wealthy. He left Google with files that nearly everyone agrees he should not have walked off with, even if there is widespread disagreement about how much they’re worth. Levandowski seemed constantly ready to abandon his teammates and threaten defection, often while working on an angle to enrich himself. He is a brilliant mercenary, a visionary opportunist, a man seemingly without loyalty. He has helped build a technology that might transform how the world functions, and he seems inclined to personally profit from that transformation as much as possible. In other words, he is an exemplar of Silicon Valley ethics.

Levandowski is upset that some people have cast him as the bad guy. “I reject the notion that I did something unethical,” he said. “Was I trying to compete with them? Sure.” But, he added, “I’m not a thief, and I’m not dishonest.” Other parents sometimes shun him when he drops his kids off at school, and he has grown tired of people taking photographs of him when he walks through airports. But he is confident that his notoriety will subside. Although he no longer owns the technology that he brought to Google and Uber, plenty of valuable information remains inside his head, and he has a lot of new ideas."

The U.S. must take action to stop Chinese industrial espionage; The Washington Post, November 4, 2018

Editorial Board, The Washington Post; The U.S. must take action to stop Chinese industrial espionage

"In fact, China’s industrial espionage is not a passing fancy but the pillar of a long-term drive to become a global economic, military and political power, with ambitions to rival the United States. Sadly, the hopes of the past two decades, that Beijing would become a fair competitor playing by international rules, have been dashed.

It is a good first response to indict the perpetrators in the Micron case, and for Mr. Sessions to bolster resources and attention to the threat. Beyond that, however, the United States must see the Chinese espionage for what it truly represents: the pursuit of superpower might by stealing the labor and investment of others. The economies of the United States and China are inexorably entwined, which will make confronting the espionage threat even harder. But it must be done. In the end, China will respond only to compulsion."

Prevent employees from walking off with trade secrets; Virginia Lawyers Weekly, July 24, 2017

Clyde Findley and Ryen Rasmus, Virginia Lawyers Weekly; 

Prevent employees from walking off with trade secrets

"Intellectual property law is com­plicated. It protects legal rights associated with intangible and never-before-seen items. The IP field is full of jargon and contradic­tions, has few bright-line rules, and is studded with “I-know-it-when- I-see-it” tests and standards. It is little wonder, therefore, that many general practitioners throw up their hands when it comes to their clients’ IP issues, and either ig­nore these issues outright or refer the clients out to high-cost specialists. However, a generalist can take many precautions to nurture and protect her client’s IP hold­ings, particularly its trade secrets.

Although all forms of intellectual proper­ty can lose value when they are not properly looked after, no category of IP can lose its value as quickly as material that—with just a bit of attention from a business lawyer— can qualify for state and federal trade secret protection. Because careless and vindictive employees are often the guilty parties in trade secret misappropriation cases, atten­tion to the agreements and policies that gov­ern employees behavior is especially useful."

Stopping trade secret theft in your organization; CSO, April 10, 2017

Frederick Scholl, CSO; 

Stopping trade secret theft in your organization

"The recent Google vs. Uber self-driving car litigation has brought trade secret theft into the news again. I have blogged on this topic before. In this post and the next three I will take a deeper dive into trade secret theft and how you can reduce the chance you will be the next victim.

Trade secret theft is one of the major cybersecurity risks of our time. Organizations now lose nearly $300 billion per year due to theft or misappropriation of intellectual property." 

MAN CHARGED IN SEED CORN THEFT MUST PAY $425,000 RESTITUTION; Associated Press, 12/22/16

David Pitt, Associated Press; MAN CHARGED IN SEED CORN THEFT MUST PAY $425,000 RESTITUTION:

"A federal judge said this week that a naturalized U.S. citizen from China who pleaded guilty to participating in a conspiracy to steal seed corn must pay the U.S. companies that made the seed $425,000.

Mo Hailong, 47, was living in Florida when he was arrested in December 2013. In his plea agreement with federal prosecutors in January, he admitted to being part of a conspiracy to send stolen DuPont Pioneer and Monsanto seed corn from fields in Iowa and Illinois to China, where scientists planned to reverse engineer it to reproduce its genetic traits...

The investigation began when DuPont Pioneer security staff in Iowa detected suspicious activity, including men crawling around in cornfields. The FBI planted GPS monitors on rental cars and tapped cellphones of some of the men."

Pass the Defend Trade Secrets Act; The Hill, 1/27/16

Sens. Orrin Hatch (R-Utah) and Chris Coons (D-Del.), The Hill; Pass the Defend Trade Secrets Act:

"Every year, industrial spies infiltrate American companies, stealing valuable trade secrets and leaking them to domestic competitors and corporations overseas. This crime cripples innovation and hampers economic growth, costing U.S. businesses billions of dollars each year. What’s worse, federal law does little to protect against this form of intellectual property theft. In fact, trade secrets are the only form of intellectual property lacking remedies under federal civil law. To safeguard American ingenuity and give companies the protections they deserve, Congress should act now to pass the Defend Trade Secrets Act, which we authored earlier this year.

In addition to the billions of dollars in direct economic costs, trade secret theft also stifles innovation by deterring companies from investing in research and development. Consider the case of DuPont—the chemical company that invented the life-saving Kevlar body armor used by our service members. DuPont invested significant time and resources developing a Kevlar material strong enough to withstand the penetrating trauma of rifle rounds and grenade shrapnel. Because of the company’s efforts, DuPont has saved thousands of lives.

But six years ago, a rogue employee leaked the manufacturing process of Kevlar to a rival company in South Korea, costing DuPont nearly $1 billion in economic losses. In an instant, the company’s comparative advantage—which it had earned after investing thousands of man-hours and millions of dollars—disappeared. Lacking a federal private right of action, DuPont executives were fortunate that the FBI was able to conduct a successful criminal investigation under the Economic Espionage Act. But the FBI lacks the resources to investigate the tens of thousand or more thefts that take place each year. Last year, in fact, the Department of Justice brought only 15 criminal cases for trade secret theft. The absence of a federal private right of action for trade secret misappropriation leaves American intellectual property vulnerable to theft and discourages research and innovation."