What did Martin's conduct illustrate under the Economic Espionage Act?

What did Martin's conduct illustrate under the Economic Espionage Act?

• A. Successful disclosure to competitor.
• B. Intent to steal trade secrets (conspiracy).
• C. Public-domain information.
• D. No violation due to lack of intent.

Answer: (B)

Under the Economic Espionage Act, liability can arise not only from actually taking trade secrets but also from the intent to steal and from conspiracies to steal. The key is the mental state and the plan to obtain or misappropriate a trade secret, plus, if applicable, an agreement with others to carry it out. If Martin showed a clear intent to steal trade secrets, that demonstrates the mens rea the statute requires, and if he was part of a conspiracy, it satisfies the additional element of an agreement to commit theft. Public-domain information isn’t protected as a trade secret, so it wouldn’t support an EEA violation, and a lack of intent would negate liability. Therefore, the conduct best described by the scenario is intent to steal trade secrets (conspiracy).

Under the Economic Espionage Act, liability can arise not only from actually taking trade secrets but also from the intent to steal and from conspiracies to steal. The key is the mental state and the plan to obtain or misappropriate a trade secret, plus, if applicable, an agreement with others to carry it out. If Martin showed a clear intent to steal trade secrets, that demonstrates the mens rea the statute requires, and if he was part of a conspiracy, it satisfies the additional element of an agreement to commit theft. Public-domain information isn’t protected as a trade secret, so it wouldn’t support an EEA violation, and a lack of intent would negate liability. Therefore, the conduct best described by the scenario is intent to steal trade secrets (conspiracy).