Managing the New “Trade Secrecy” Risks in Global Sourcing: Criminal Theft, Criminal Negligence, Espionage, Bribery, Antitrust and Cross-Border Law Enforcement

April 30, 2010 by ·

Trade secrecy risks arise whenever an enterprise shares confidential business information with a supplier, service provider, joint venturer or customer.  Trade secrecy protection measures should be planned and implemented through appropriate non-disclosure covenants by the third party and possibly even its employees and others in the value chain.  Current trade secrecy are reflected in three […]

Outsourcing Law & Business Journal™: April 2010

April 29, 2010 by ·

OUTSOURCING LAW & BUSINESS JOURNAL (™) : Strategies and rules for adding value and improving legal and regulation compliance through business process management techniques in strategic alliances, joint ventures, shared services and cost-effective, durable and flexible sourcing of services.  www.outsourcing-law.com. Visit our blog at http://blog.outsourcing-law.com for commentary on current events. Insights by Bierce & Kenerson, […]

Trade Secrets

April 29, 2010 by ·

Chinese Criminal Law, Article 219, imposes criminal liability for improper conduct relating to “commercial secrets.” The Criminal Law has only a vague definition of “commercial secrets.” Conduct is criminally improper if one: o   Obtains a commercial secret by stealing, luring, coercion, bribery or other improper means, o   Uses or allows another to use a commercial […]