Congress recently passed two separate bills aimed at strengthening the Economic Espionage Act of 1996 (EEA) and deterring trade secret misappropriation. These important changes to the EEA are intended to reverse the highly criticized decision in United States v. Aleynikov, 676 F.3d 71 (2d Cir. 2012), and address increased theft of corporate trade secrets to benefit foreign entities.
The first bill, the Theft of Trade Secrets Clarification Act of 2012, broadens the scope of trade secret protection under the EEA. The second bill, the Foreign and Economic Espionage Penalty Enhancement Act of 2012, enhances the criminal penalties available pursuant to a conviction concerning economic espionage as defined by the EEA.
