Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
By Anandashankar Mazumdar
At a Dec. 8 markup session, the Senate Judiciary Committee forwarded to the full Senate by voice vote two bills seeking to increase penalties, one for counterfeiting drugs and the other for economic espionage.
The Counterfeit Drug Penalty Enhancement Act of 2011 (S. 1886) was introduced Nov. 17 by Sen. Patrick J. Leahy (D-Vt.), the committee's chairman (225 PTD, 11/22/11).
The bill would set the maximum individual fines to $4 million for trafficking in counterfeit drugs and to $10 for non-individual entities. Penalties for repeat offenses would be pushed to $8 million and $20 million. Furthermore, the U.S. Sentencing Commission would be asked to re-evaluate sentencing guidelines for such offenses.
The Economic Espionage Penalty Enhancement Act of 2011 (S. 678) was introduced March 30 by Sen. Herbert H. Kohl (D-Wis.) and it seeks to increase the potential penalties for the misappropriation of trade secrets for the benefit of foreign entities from 15 to 20 years (63 PTD, 4/1/11).
The bill was approved with a technical amendment, accepted without objection, adding to a provision requesting that the Sentencing Commission review sentencing guidelines for such offenses that the guidelines should “adhere to recent Supreme Court precedent.”
Sen. Christopher A. Coons (D-Del.), who co-sponsored S. 678, said that “trade secrets theft is a vital threat to American manufacturing [and] American innovation.”
Both Leahy and Sen. Dianne G. B. Feinstein (D-Calif.) offered their praise for Kohl's efforts on the bill. Feinstein mentioned a recent report warning of espionage by Chinese and Russian actors.
Sen. Sheldon Whitehouse (D-R.I.) urged further action on increasing law enforcement resources for addressing “cyberintrusion” as a method of economic espionage.
Currently, Whitehouse said, law enforcement efforts against cyberintrusion are of “high quality” but “small quantity.” He complained of “woefully inadequate law enforcement on this new cyberborder to provide adequate protection to the intellectual content we're being robbed of.”
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)