News & Analysis as of

China Trade Secrets National Security

Alston & Bird

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

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On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

Axinn, Veltrop & Harkrider LLP

The Five Eyes Stare Down Trade Secret Theft

On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual property ("IP") and trade secret theft. While geopolitics and national security issues might...more

Epstein Becker & Green

Justice Department Announces Trade Secret Theft and Other Charges Following Recently Launched Technology Strike Force

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Earlier this year, the United States Department of Justice (“DOJ”) announced that it was launching the Disruptive Technology Strike Force (“Strike Force”) in an effort “to target illicit actors, strengthen supply chains and...more

Morgan Lewis

China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

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The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more

Jones Day

JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties

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Economic forces attracting Taiwanese workers to China have resulted in the development of a stricter National Security Act regulating trade secrets in Taiwan. Jones Day Partner Po-Chien Chen explains Taiwan's trade secret...more

Sheppard Mullin Richter & Hampton LLP

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

Morgan Lewis

New Act Authorizes Sanctions for Trade Secret Theft

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Congress recently passed and sent to the president the Protecting American Intellectual Property Act of 2022. The act mandates sanctions on entities and individuals identified by the executive branch as having committed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in China-Related Cross-Border Enforcement

Key Points and Practical Advice In February 2022, the U.S. Department of Justice (DOJ) announced that the China Initiative, launched in November 2018 to counter perceived threats to U.S. national security from China, was...more

ArentFox Schiff

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

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Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

Houston Harbaugh, P.C.

What Corporations Need to Know: CFIUS Review is Needed Before Initiating Intellectual Property Transactions With Foreign Companies

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...more

Dechert LLP

Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg

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Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

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Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

White & Case LLP

US Targets Telecommunications Transactions Involving the Information and Communications Technology and Services Supply Chain

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On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more

Farella Braun + Martel LLP

3 Trends in Criminal Trade Secret Prosecution

Criminal trade secret prosecutions are on the rise nationwide and in the Northern District of California, especially cases relating to alleged theft by Chinese nationals and entities. According to a 2017 report by the White...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Announces ‘China Initiative’ to Investigate and Prosecute Chinese Companies

On November 1, 2018, then-Attorney General Jeff Sessions announced the U.S. Department of Justice’s (DOJ) “China Initiative” with the objective of countering perceived national security threats to the United States from...more

Morgan Lewis

Implications for Chinese Investment in the US After Section 301 Report

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Section 301 provides the president with broad authority to implement new policies and procedures that could impact reviews of Chinese investment in the United States. The president could rely on the International Emergency...more

Skadden, Arps, Slate, Meagher & Flom LLP

10 Themes for 2018

Tax reform, shifting international dynamics, Trump administration goals and a potentially strong market for transactions all seem likely to impact business activity in 2018. Below are 10 areas to explore in our 10th annual...more

Troutman Pepper

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

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No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...more

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