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Over the past decade, scientists of Asian descent — mostly Chinese and Chinese American — have faced increasing government scrutiny into whether they are acting as agents for Chinese businesses and governmental entities. In 2018, the Department of Justice announced its China Initiative (the Initiative), a new policy dedicated to prosecuting economic espionage, trade secret theft, hacking, and other economic crimes done for the benefit of Chinese private and governmental entities. According to the Department of Justice (DOJ), “[a]bout 80 percent of all economic espionage prosecutions brought by [DOJ] allege conduct that would benefit the Chinese state, and there is at least some nexus to China in around 60 percent of all trade secret theft cases.” Press Release, DOJ, Information About the Department of Justice’s China Initiative and Compilation of China-Related Prosecutions Since 2018. The Initiative also increased DOJ’s focus on “non-traditional collectors [of information],” defined as individuals who are not spies, but instead are professors, students, and other ordinary citizens coopted to gather and transfer valuable information and technologies contrary to the United States’ interests. DOJ, Attorney General Jeff Session’s China Initiative Fact Sheet.
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By Jacqueline C. Wolff
Given the massive amount of dollars being poured into ESG funds and the SEC’s renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies’ ESG goals are being relayed to investors.
By Michael Miller and Daniel Podair
How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
By Jonathan S. Sack and Christopher M. Hurley
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.