Saturday, May 6, 2017

5/5/17: Trade secrets case

In United States v. Liew, --- F.3d ---, No. 14-10367 (9th Cir. 2017), the Court issued a lengthy opinion in a trade secrets case. 

The case revolved around Du Pont's technology for producing titanium dioxide. 

The Ninth Circuit affirmed the denial of certain jury instructions, reversed a few counts for sufficiency, vacated the sentence, and remanded for consideration of a potential Brady violation. 

Of note, a general denial in a civil answer will usually not constitute obstruction of justice.  

Also, there is some decent language about the low standard to make a prima facie showing for a Brady violation.  The specific issue was about FBI rough notes that allegedly contained exculpatory information.