China — JICLOnline | Notre Dame Journal of International & Comparative Law

The Extraterritorial Application of the Defend Trade Secrets Act

JULY 14, 2020 ∙ ARTICLE

The general principle is that a congressional statute applies domestically unless there is an affirmative statement by Congress that demonstrates an intent for that provision to apply extraterritorially. Courts are reluctant to find such congressional intent unless it is explicit. However, for the first time, a U.S. court has held that private civil actions for damages under the Defend Trade Secrets Act (“DTSA”) apply extraterritorially based on U.S. conduct involving misappropriation that occurred overseas.

Alina VenezianoJuly 14, 2020Extraterritorial Application, China, Defend Trade Secrets Act, IP

What is the Huawei Case Really About? Sanctions to Regulate Technology?

November 21, 2019 ∙ Article

Sanctions are imposed for the purpose of changing behavior or inducing action. They have become popular within the past several decades as a means of leverage, non-military pressure, and imposing conditions upon other states. However, sanctions may cripple another state’s economy and permanently damage its reputation. Nevertheless, there are legitimate bases for using sanctions, such as protecting against national security threats. Cybersecurity risks, in particular, can be very damaging since the United States’ military, defense, and intelligence data are stored using electronic and remote means. Therefore, there is an obligation to protect against this, and such a task falls to the branches of the U.S. government. How far this obligation extends represents a key issue and is the subject of this article.

ArticleAlina VenezianoNovember 21, 2019China, Sanctions, Technology, Constitutional Law