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Start-Up Companies and Venture Capital

Economic Espionage Act of 1996

In addition to common law actions as well as federal trade secrets claims, to the extent corporate trade secrets are the object of foreign theft, that act may also fall under the auspices of the Economic Espionage Act which penalizes thefts of trade secrets for the benefit of foreign actors.  In recent years, the federal government has regularly sought to pursue claims under the Economic Espionage Act to stem trade secrets being stolen and brought to rival foreign countries in Asia. See e.g. US v Xiang Haitao (2022).