An Afternoon of Hot Topics ~ USA and China

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.