The typical headline—theft of intellectual property threatens U.S. companies—causes many to think of media reports about patent lawsuits or pirated music and movies. But there is another form of intellectual property theft that poses a great threat to American businesses while receiving far fewer headlines: the rampant theft of information technology (IT) by overseas competitors.

Given the challenges in directly reaching the foreign companies’ theft of this intellectual property, state attorneys general have begun to fight back, using the tools of unfair competition law in an attempt to level the playing field for American competitors. This is a promising development and a potentially useful technique for states and companies to fight back against foreign competitors using stolen technology.

Industry Effects and Calls for Help

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