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Prosecution aids recovery in trade-secret theft; initiating both civil and criminal actions can bring a speedy result to victims of misappropriation

Article Abstract:

In an environment of increasing trade-secret theft victims should consider asking the govt to intitiate criminal proceedings to parallel a civil action, but such a course has drawbacks as well as advantages. The benefits include applying pressure to the civil defendants, making the liberal discovery procedures of a civil trial more hazardous for the defendant, and gaining help through the govt's own investigative powers. Drawbacks include loss of control and potential difficulty getting evidence from the govt.

Author: Weiss, Gary E., Zellerbach, Thomas H.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
United States, Laws, regulations and rules, Trade secrets, Criminal procedure, Civil procedure

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Debate continues

Article Abstract:

The American Board of Trial Advocates (ABTA) has released a position paper on civil justice reform in the wake of Dan Quayle's efforts and the ABA's response. The ABTA warns against the tort reformers' idea of taking complex cases away from juries, which could lead to expert panels sitting in judgment of their colleagues. The ABTA also feels that curtailing federal jurisdiction will overburden state courts, and that the extended use of arbitration would create new bureaucracies.

Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
Editorial, Reports, Political aspects, Law reform, Legal reform, American Board of Trial Advocates

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