The American Bar Association Section of International Law
in cooperation with the
Shanghai Bar Association
Presents
An Afternoon of Hot Topics ~ USA and China
Wednesday, September 18, 2013
27 Zhong Shan Dong Yi Road
Shanghai, China
Lunch: 12 noon – 1:30pm, The House of Roosevelt
Sponsored by Ropes & Gray and Wilson Sonsini Goodrich & Rosati
Programs: 2 – 5:15pm
Jones Day – Shanghai Office
“Disputes Related to Sensitive Business Information – Breaches, Their Consequences and How to Manage Them”
Moderator: Yizhe Zhang of Jones Day, Beijing
Speaker: Michael Kendall of McDermott Will & Emery, Boston
Speaker: Judge Xie Xie Chen, VP Maritime Court (formerly Chief Judge IP Division Inter. Ct)
Speaker: Bailey Xu of Haworth & Lexon Law Firm, Shanghai
Speaker: Jianmin Yi, Legal Director, Legal Director, Asia Pacific of Nexteer Automotive Asia
“Differences in U.S. and China-based Litigation”
Moderator: Mimi Yang of Ropes & Gray, Shanghai
Speaker: David Steuer of Wilson Sonsini Goodrich & Rosati, California
Speaker: Luming Chen of Jun He Law Firm, Shanghai
Speaker: Richard Lin of Fangda Partners, Shanghai
Reception: 5:30 – 7pm, The House of Roosevelt
Sponsored by Jones Day and McDermott Will & Emery
Registration is required and complimentary
Register at http://tinyurl.com/low6b46
Questions, please contact Summer Li ( +(86 21) 2201-8041 or sli@jonesday.com)
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Program Details
Disputes Related to Sensitive Business Information – Breaches, Their Consequences and How to Manage Them
The session will compare how a hypothetical breach of business confidentiality or infringement of trade secrets would be
handled in the U.S. and China. Some of the issues to be discussed include: definition of trade secrets; legal consequences of a
breach in different jurisdictions; jurisdictional challenges to enforcement; evidentiary challenges; non compete clause in
employee contract; compliance with competition laws for market intelligence gathering activities; general counsel’s role; and
internal investigations of possible breaches of confidentiality. [2:00 – 3:30 PM]
Tea Break, sponsored by Jones Day 3:30-3:45]
Differences in U.S. and China-based Litigation [3:45-5:15pm]
This session will consider the major differences between the U.S. and Chinese court systems and what those differences mean for Chinese companies involved in litigation in either jurisdiction. The panel discussion will focus on the dissimilar approaches that each court system takes with regard to legal precedent, discovery, litigant’s autonomy, how those differences affect costs and predictability, and how Chinese companies may manage the dispute resolution risks.