One of the most overlooked developments in trade secrets law is the addition of RICO predicate acts: 18 U.S.C. Section 1831 (Economic Espionage) and Section 18 U.S.C.1832 (Theft of Trade Secrets) in the new federal trade secrets statute, The Defend Trade Secrets Act of 2016 (DTSA).
A careful review of Sections 1831 and 1832 reveals over 25 offenses in Section 1831, over 25 offenses in Section 1832, plus offenses for attempts and conspiracies to commit each offense. This translates into a matrix of over 75 offenses in Section 1831 and 75 offenses in Section 1832.
This is a game-changer for civil litigation involving the misappropriation of trade secrets. This exponentially increases the exposure of third parties to RICO violations for foreign economic espionage and trade secret theft.
Upon course completion, you will be able to identify and define major new developments in RICO/Trade Secret law including:
- Extraterritorial jurisdiction
- RICO jurisdiction and venue provisions
- RICO treble damages
- RICO statute of limitations
- RICO 10-year statutory discovery period