Trump and Trade Secrets: Signs of Encourgagement?

I’ve written several times about how Donald Trump’s rhetoric suggesting radical foreign-policy changes could threaten US companies’ trade secrets. See here and here. In particular, I’ve been concerned about Trump’s aggressive stance towards China, including statements about upending the “One China” policy.

Now that we’re several weeks into Trump’s presidency, we are seeing signs that his foreign policy won’t be so radical after all.

This New York Times Article, titled Trump Foreign Policy Quickly Loses its Sharp Edge, explains:

As Mr. Trump begins to shape his foreign policy, he is proving to be less of a radical than either his campaign statements or his tempestuous early phone calls with foreign leaders would suggest.

The article discusses how Trump’s actions as president differ from his campaign statements, including his recent affirmation of the One China policy. It also talks about how Cabinet members like Secretary of State Rex Tillerson and Defense Secretary Jim Mattis have emerged as persuasive voices, advocating for a more stable approach to geopolitical issues.

This is encouraging. I have been very concerned that Trump’s volatile, unpredictable style, combined with his lack of experience, would strain the relationships between the US and countries like China that have a history of state-sponsored trade-secrets theft. For now, it seems like there are voices of reason within his administration who have Trump’s ear. But at this very early stage of Trump’s presidency, substantial uncertainty remains.

Note: This is not a political blog, and I am not commenting on the more controversial issues discussed in the NY Times article. Here, I am solely focused on how the Trump administration’s actions impact companies’ trade secrets.

Protecting Trade Secrets Blog Quoted in the New York Times

The New York Times has been covering the dispute between David Einhorn’s Greenlight Capital and an anonymous blogger who published Greenlight’s confidential investment strategy. I wrote about the case here. The New York Times published an article about the case that includes a quote from my blog post:

“Laws prohibiting trade-secret misappropriation by definition restrict speech,” Eric W. Ostroff, a commercial litigation and trade secret lawyer with Meland Russin & Budwick, wrote on his blog. “Allowing someone to hide behind an online pseudonym could render these laws ineffective.”

As the article notes, this is a very interesting case that highlights the competing interests between the First Amendment and trade-secret misappropriation laws. In a world where everyone has access to social media and blogging resources that allow for the free, easy, and widespread dissemination of information, trade-secret-misappropriation laws need to restrict people from anonymously disclosing trade secrets.