John Lanham and Ken Kuwayti authored an article for the Daily Journal examining case law and factors courts have considered in determining whether to allow email service in trade secret cases in which plaintiffs have pursued foreign service by email.
“Enforcing trade secret laws against international misappropriators is becoming more and more important, as trade secrets increasingly can be accessed remotely and readily transported across borders,” the authors wrote. “A series of district court cases have now held that the Defend Trade Secrets Act provides jurisdiction over a foreign defendant who commits an act in furtherance of misappropriation in the United States. But plaintiffs still face the sometimes daunting issue of serving that foreign defendant.”
Read the full article (subscription required).