David Ryan Quoted in MLex on DOJ’s Midtrial Dismissal of Economic Espionage Prosecution 

Munger, Tolles & Olson Of Counsel David Ryan was quoted in an MLex article titled, “US espionage prosecution of China’s Pangang Group collapses, but caselaw endures.” 

The article examines the U.S. Department of Justice’s decision to dismiss its economic espionage prosecution of China’s Pangang Group during trial. David explained that economic espionage prosecutions are “heavily vetted” at every stage and that it is “highly unusual” for the government to conclude it can no longer proceed once a case reaches a jury. He also commented on the government’s late disclosure of FBI interview notes it had previously represented did not exist, describing the disclosure as “unfortunate” and “a pretty significant unforced error,” while cautioning against drawing a direct connection between the disclosure and the dismissal because the substance of agents’ rough notes is generally reflected in formal FBI interview reports. 

David also noted that the case’s lasting significance lies in the appellate decisions clarifying that state-owned enterprises are not automatically immune from criminal prosecution. As to the DOJ’s decision to dismiss, he added, “I don’t think we have any reason, based on what we know, to think that this is part of a broader trend in enforcement priorities,” noting the DOJ’s continued emphasis on cases involving theft of intellectual property. 

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