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Sovereign Immunity Trade Secrets Appeals

McDermott Will & Emery

Paint It White: No Sovereign Immunity in Economic Espionage Case

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy...more

McDermott Will & Emery

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

McDermott Will & Emery

Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal

McDermott Will & Emery on

The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s]...more

McDermott Will & Emery

Absent Proof of Government Ownership on an EEA Sovereign Immunity Defense is All Black and White

The US Court of Appeals for the Ninth Circuit affirmed the district court’s denial of a motion to dismiss an indictment, charging four Chinese companies with violations of the criminal provisions of the Economic Espionage Act...more

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