Relations between China and the U.S. will likely remain tense for the foreseeable future, as evidenced by the recent U.S. law mandating TikTok be divested or face a ban.
Companies and individuals with perceived Chinese associations – including in Greater China, Southeast Asia and the wider region – could be at risk of invasive and politically motivated government enforcement actions.
Those at risk can take several proactive steps to protect their assets, reputation and liberty.
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.
