Judge Orders Franks Hearing In Trade Secrets Theft Criminal Action

Mealey's (November 12, 2020, 1:55 PM EST) -- SAN JOSE, Calif. — A federal judge in California on Nov. 10 ruled that defendants in a criminal action charged with stealing their former employer’s trade secrets and misappropriating them to form a competing company are entitled to an evidentiary hearing under the U.S. Supreme Court’s ruling in Franks v. Delaware on the issue of whether the omission of a denied temporary restraining order application in a related civil action “would eliminate a fair probability for finding probable cause” (United States v. Liang Chen, No. 17-cr-603, N.D. Calif., 2020 U.S. Dist. LEXIS 210476)....