Los Angeles Intellectual Property Theft Lawyers
American companies are in fierce competition with international enterprises for global dominance in key strategic technologies such as semiconductors. International companies and agents of foreign governments are often willing to engage in unscrupulous activities to gain an economic advantage in these areas.
The US government views theft of intellectual property to be a serious threat to vital sectors of our economy. That’s why Congress has empowered government agencies to investigate and prosecute possible cases of intellectual property (IP) theft.
The Department of Justice (DOJ), the FBI, and other federal agencies vigorously investigate and prosecute IP theft in the name of national security. If you’ve been charged with infringing on intellectual property rights, you could find yourself facing the full weight of the federal government.
At Werksman Jackson & Quinn LLP, our award-winning trial attorneys have a track record of success defending clients against federal charges. Call (213) 688-0460 to schedule a consultation today.
Intellectual property includes creations of human intellect that a company or an individual may own, including:
- Trade secrets
IP theft occurs when someone steals an idea, creative expression, invention, or other type of intellectual property. This theft may be achieved through an act of economic espionage such as bribery, cybersecurity intrusions, or someone might physically remove IP from the workplace.
Protecting IP assets from domestic and foreign entities has become a top priority for federal law enforcement. The loss of trade secrets related to sensitive technology such as the internet, telecommunications, and microchips is viewed as a serious threat to our national security.
The FBI’s criminal investigation program is working with law enforcement agencies on local, state, federal, and international levels to protect sensitive IP. They’re also partnering with private enterprises to monitor the illicit transfer of strategically valuable IP assets. In this endeavor, the FBI is reaching out to third parties such as copyright holders, brand owners, advertisers, online marketplaces, trademark holders, and payment services providers.
Federal authorities have access to considerable resources when it comes to investigating IP. And the DOJ uses federal statutes to prosecute IP theft. These laws may contain harsh penalties, including prison sentences of ten or more years and millions of dollars in fines:
Although federal prosecutors have a lot of tools at their disposal, an experienced defense attorney has several effective strategies for defending you against charges of IP theft.
In many cases, witnesses in a federal prosecution are paid informants or people who are already under indictment. These witnesses are often unreliable, and they’re in a position to benefit by pointing the finger at others, even people who are completely innocent. Their stories often fall apart under vigorous cross examination on the witness stand.
Federal prosecutors have a habit of overreaching when putting these cases together. Your defense attorney may be able to find gaping holes in their arguments. Your defense attorney can also exonerate you by pointing out inconsistencies that destroy the other side’s case. Effective statutory and constitutional defenses against IP theft prosecution include:
- Lack of criminal intent
- The defendant had an expressed or implied license
- The IP is not protected under federal law
- Fair use for educational or other purposes
- Lack of ownership by the plaintiff
- Illegal search and seizure
- Failure to read the defendant their rights
Our team of award-winning criminal defense attorneys at Werksman Jackson & Quinn LLP knows how to take on federal prosecutors and win. We’re not intimidated by anybody.
We’ll investigate the charges against you and find the best strategy to prevail. Call (213) 688-0460 to schedule a meeting right away. At Werksman Jackson & Quinn LLP, we never stop fighting for our clients.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.