United States: Avoiding the Entity List - Rise of trade secrets enforcement risk through US export controls (Video Chat)

In brief

Join us for a cross-disciplinary discussion between our NA trade secrets partners on trade secrets enforcement issues that arise in export controls. As part of the heightened enforcement of trade secrets theft allegations in the United States, the Commerce Department recently added several institutions and individuals to the Entity List based on alleged theft. The spotlight on trade secrets is a trend to watch, and our experts walk you through what you need to know to manage your supply chains.


Contents

The US Government is increasing its use of  a powerful tool under US export controls -- the Entity List -- to penalize parties accused of engaging in trade secret theft against US companies.

Intellectual property, trade secrets, and other information and data transfers can be considered exports -- if they involve controlled technology --- therefore, subjecting certain exports of IP and trade secrets to US export controls.

As the US Government increases its trade secrets enforcement efforts including through the ongoing "China Initiative" focusing on criminal prosecutions of trade secrets theft and economic espionage with a nexus to China, the executive branch has also focused on enforcement through more creative actions, as seen in a December 2020 round of designations to the Entity List.

Given this precedent, non-US companies that rely on US products or technology in their supply chain should consider the risk of Entity-List designation should they become subject to a US criminal trade secrets investigation.  This is especially true if a company is doing business with Chinese joint venture partners or on-boarding or off-boarding employees with access to key IP in its China operations.

SpeakersBradford Newman, Alexandre Lamy, Jessica Nall, Christine Streatfeild

Related video chats

Episode 1 United States: Using Ex Parte Seizure Orders to Protect your Trade Secrets (Video Chat)

Episode 2 United States: Employee Non-Solicitation Clauses in California - Quickly Clearing up the Confusion (Video Chat) 

Episode 3 North America: DOJ's China Initiative - Insights on Trade Secrets Criminal Liability (Video Chat)

Episode 4 North America: Does inclusion of 'ideas' and 'know how' in Confidential Information and Invention Assignment Agreements constitute an unenforceable non-compete under California law? (Video Chat)

Episode 5 United States: Snap removal in trade secret cases (Video Chat)

Episode 6 United States: Key considerations in parallel criminal and civil trade secrets cases (Video Chat) 

Episode 7 North America: Discovery in Trade Secrets cases (Video Chat)

Episode 9 North America: When to patent and when to maintain as trade secret (Video Chat)

Episode 10 United States: Discovery in trade secrets cases - Part II (Video Chat)

Episode 11 United States: The Computer Fraud and Abuse Act Post-Van Buren (Video Chat)

Contact Information

© 2021 Baker & McKenzie. Ownership: This site (Site) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms, including Baker & McKenzie LLP). Use of this site does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All information on this Site is of general comment and for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulation and practice are subject to change. The information on this Site is not offered as legal or any other advice on any particular matter, whether it be legal, procedural or otherwise. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any information provided in this Site. Baker McKenzie, the editors and the contributing authors do not guarantee the accuracy of the contents and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Site. Attorney Advertising: This Site may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Site may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. All rights reserved. The content of the this Site is protected under international copyright conventions. Reproduction of the content of this Site without express written authorization is strictly prohibited.