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Expert Analysis

DOJ Faces Challenges In Prosecuting Foreign Corporations

Law360, New York ( April 18, 2013, 12:48 PM EDT) -- The Obama administration has made the protection of U.S. intellectual property a priority. But achieving that goal is rife with challenges, including the practical barriers to criminal prosecution of foreign corporations for economic espionage and trade secrets theft. Among those barriers is Rule 4 of the Federal Rules of Criminal Procedure, which specifies how jurisdiction over a foreign corporate defendant may be achieved through service of process. Courts are only now beginning to struggle with the intersection of transnational corporate crime in the Internet age and Rule 4, which is woefully outdated. Two recent conflicting court decisions highlight this disconnect....

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