There is usually little convergence between the disciplines practiced by white-collar defense and intellectual property lawyers. That could be changing, as the Justice Department and state law enforcement authorities devote increased resources to prosecuting intellectual property crimes, including the theft of trade secrets.
Congress made trade secret theft a federal crime under the Economic Espionage Act of 1996. Recent developments in a trade secret lawsuit between the Starwood and Hilton hotel chains, including a parallel criminal investigation, highlight the broad reach of this statute, and the potential for criminal liability resulting from the theft of intellectual property beyond that traditionally thought of as a trade secret.
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