U.S. v. HSU

No. 97-1965.

155 F.3d 189 (1998)

UNITED STATES of America v. Kai-Lo HSU, a/k/a James Hsu. UNITED STATES Of America v. Chester S. HO. United States of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 26, 1998.

Attorney(s) appearing for the Case

Michael R. Stiles, Walter S. Batty, Jr., Richard W. Goldberg (Argued), Louis D. Lappen, Office of the United States Attorney, Philadelphia, PA, for Appellant.

William E. McDaniels (Argued), Paul Mogin, Williams & Connolly, Washington, DC; Thomas H. Suddath, Jr., Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, for Appellee, Chester S. Ho.

Norman E. Greenspan, Ian M. Comisky, Blank Rome Comisky & McCauley LLP, One Logan Square, Philadelphia, PA, for Appellee, Kai-Lo Hsu.

Before: STAPLETON, COWEN, and RENDELL, Circuit Judges.


RENDELL, Circuit Judge:

In this appeal we explore for the first time the relationship between the confidentiality provisions of the newly-enacted Economic Espionage Act of 1996, 18 U.S.C. § 1831, et seq., and principles of criminal law regarding discovery and disclosure of material evidence. The district court ordered the government to disclose alleged corporate trade secrets based upon a theory that we find does not apply...

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