Amendment to Economic Espionage Act

Don’t say Congress can’t get anything done. At the end of the session, they managed to pass Senate Bill 3642 which changes – slightly – the definition of what trade secrets are covered under the Act.


In the Aleynikov case that we reported about over the years, the defendant managed to walk because the trade secrets he stole were not “produced” for use in interstate commerce.

Under the new law, designed to reverse the earlier decision in Aleynikov, trade secrets used in or intended for use in interstate commerce are now included. The produced for requirement is gone.

Now say goodnight to the 112th Congress.