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Client Alert December 15, 2019

Clearing Your Name: When Trade Secret Disputes Become a National Security Issue

  • As the ongoing trade war with China intensifies, U.S. entities have increasingly alleged trade secret theft against Chinese individuals and companies, in cooperation with U.S. law enforcement actions.
  • With this in mind, Chinese parties in global trade secret disputes will need to anticipate and respond to the risk that their disputes could quickly turn criminal.
  • Off-ramping a criminal investigation, or clearing one’s name in a criminal prosecution for alleged trade secret theft, requires a keen understanding of criminal and civil U.S. trade secret laws, as well as the intersection of intellectual property and national security matters.  

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