When to Call in the Feds: Criminal Remedies for Trade Secret Misappropriation

A key consideration at the beginning of any trade secret case involving serious theft is whether to involve law enforcement authorities. Join our panel for a detailed, candid discussion of the advantages and disadvantages of taking your trade secret case to the government. Our discussion will include:

• When and how should you get the government involved?
• What will the process look like if you do?
• What additional information will the government request and what will the government do with the information?
• What is the potential impact on your civil case?

We will also discuss the flip side of government enforcement in trade secret cases: what to do when the government comes knocking at your door with information that your trade secrets have been stolen.

The session will be presented by MoFo partners who have represented a myriad of clients in trade secret counseling and litigation as well as government enforcement actions. 

• Alex Iftimie, Co-Chair, Global Risk and Crisis Management; Former Prosecutor and Senior National Security Official at the U.S. Department of Justice. In his time at DOJ, Alex was on the front lines of numerous trade secret theft matters. Drawing on his government experience, Alex now advises clients on sensitive cyber and U.S. national security matters, internal investigations, and government enforcement actions.
• Brandon L. Van Grack, Co-Chair, National Security and Global Risk and Crisis Management; Former Prosecutor and Senior National Security Official at the U.S. Department of Justice. Brandon’s extensive national security experience at the DOJ enables him to bring clients unparalleled expertise, from investigations and compliance to enforcement and litigation. He investigated, prosecuted, and supervised numerous cases involving the theft of trade secrets.
• Christine Y. Wong, Co-Chair, Securities Litigation, Enforcement, and White Collar Defense; Former Prosecutor. Christine draws on her unique background as an internal advisor and as a federal prosecutor to help companies, boards, and executives in a variety of matters that present significant legal and reputational risk, including reporting and defending against allegations of trade secret theft.
• Kenneth A. Kuwayti, Partner, Intellectual Property/Trade Secrets (Moderator). Ken has successfully brought and defended dozens of trade secret cases in state and federal courts across the country.