Navigating Uncharted Waters: Essential Insights for Chinese Companies and Executives in US Criminal Trade Secrets Cases

As the international picture remains uncertain, Chris Niewoehner, Jessica Rothschild and Lin Yang of Steptoe LLP examine the particular challenges faced by Chinese companies caught up in U.S. criminal cases

Share:

Summary

  • Although the 'China Initiative' has formally been concluded, the U.S. government's stance towards Chinese corporations remains challenging
    •
  • Chinese companies and their executives can find themselves under investigation or even subject to prosecution for theft of trade secrets, often alongside or following civil cases; competitor companies can be particularly vulnerable
    •
  • Executives and employees of Chinese companies named in trade secrets cases may personally be indicted, sometimes unawares
    •
  • U.S. discovery rules can be complex and access to information can prove difficult
    •
  • Representation by appropriately experienced U.S. counsel is vital
    •