Protecting Trade Secrets, Confidential Information and NDAs in China
Maintaining Confidential Information, Preventing Infringement, and Enforcing Trade Secret Rights
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel representing companies doing business in China on approaches for protecting and enforcing trade secret rights.
Outline
- Trade secret protection
- Statutory
- Contractual
- Enforcement of trade secrets in court
- Courts and civil procedure
- Elements to be proved
- Evidentiary issues and burden of proof
- Interim measures
- Remedies
- Enforcement in other venues
- Criminal prosecution
- Administrative protection
- Arbitration under labor contract law
- Recommendations
- Drafting an NDA—contractual formalities, identification of TS
- Confidentiality measures
- Relations with employees
- Relations with authorities
Benefits
The panel will review these and other key questions:
- How does trade secret litigation work in China in comparison to the US? What have been the key recent developments in practice?
- How does an NDA tailored for a China transaction differ from those typically used domestically in the U.S.?
- What steps can counsel take to minimize the likelihood of infringement in China?
- Given the challenges with prosecuting trade secret claims in China, are there any other options available?
- How to make sense of the new Cyber Security Law and its implications for cross-border evidence collection in trade secret cases?
Faculty
Richard K. Wagner
Partner
Steptoe & Johnson
Mr. Wagner represents clients in disputes and investigations that concern the Sino-U.S. market. He has extensive... | Read More
Mr. Wagner represents clients in disputes and investigations that concern the Sino-U.S. market. He has extensive experience in complex cross-border litigation, international arbitration, government and internal investigations, PRC information compliance counseling, and litigation in the Chinese courts. A seasoned China practitioner, Mr. Wagner counsels U.S. and multinational corporations and individuals on sensitive matters relating to foreign investment in China and the PRC regulatory environment, as well as advises international clients on risk management for their China operations.
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