Skip to main content

Posts

Ninth Circuit Holds That an Inability to Perform is Not a Defense to Bribery

Recent posts

San Francisco Magazine Names Its Top Women Attorneys in Northern California

The December 2019 issue of San Francisco Magazine features its annual list of Top Women Attorneys of Northern California based on Super Lawyers’ rankings. Jayne Law Group is proud to announce that founder Julia Jayne has been selected as a member of the Top Women Attorneys list in the Criminal Defense category.

California Supreme Court Narrows Exception to the Fourth Amendment’s Warrant Requirement

On November 25, 2019, the California Supreme Court overturned a 17-year-old exception to the Fourth Amendment’s warrant requirement. People v. Lopez holds “that the desire to obtain a driver’s identification following a traffic stop does not constitute an independent, categorical exception to the Fourth Amendment’s warrant requirement.” People v. Lopez, No. S238627, 2019 WL 6267367, at *1 (Cal. Nov. 25, 2019). Before Lopez, police were “allowed … to conduct warrantless vehicle searches for personal identification documents at traffic stops when the driver failed to provide … personal identification upon request.” Id.
The Court summarized the facts of Lopez as follows: police “responded to an anonymous tip concerning erratic driving.” Police were “(u)nable to locate the vehicle,” so they “asked dispatch to run a computer search of the license plate.” Police “then drove by the address where the car was registered,” but didn’t see a car matching the description. As such, police left. Howe…

Theft of Trade Secrets: The Economic Espionage Act, China Initiative, and Silicon Valley

This article was originally published in the National Association of Criminal Defense Lawyer's White Collar Crime issue of The Champion, available here.

Prosecutions alleging theft of trade secrets have been creeping upward since 2009. White collar practitioners must become fluent in the language of the Economic Espionage Act and be on alert that civil trade secret litigation can easily lead to criminal charges. Defense counsel should expect tailored and well-investigated cases by prosecutors unafraid to delve into highly technical and complex materials.

I. Introduction

With white collar prosecutions generally on the decline, one area is on the Justice Department's hot button list: theft of trade secrets. The perceived diversion of American innovation fits right in with the administration's interests and political aspirations. The result: the revival of the Economic Espionage Act ("the Act").

The Economic Espionage Act, enacted in 1996, criminalized the theft of…