Protecting Trade Secrets, Confidential Information and NDAs in China

Maintaining Confidential Information, Preventing Infringement, and Enforcing Trade Secret Rights

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, May 2, 2017
Recorded event now available

This CLE webinar will provide guidance to counsel representing companies doing business in China on approaches for protecting and enforcing trade secret rights.


As U.S. companies continue to expand business in China, protecting trade secrets remains a significant concern. While many transactions start with the signing of a non-disclosure agreement (NDA), unless these are drafted properly, there can be unnecessary complications during business operations or if the relationship ends in dispute. Resolution proceedings before Chinese or US courts can vary significantly and care must be taken at the outset to think through possible exit strategies and remedies.

Listen as our panel of IP attorneys with experience in China examines the challenges of trade secret enforcement in China and how to overcome those challenges. The panel will discuss measures that can be taken to protect trade secrets and prevent infringement.


  1. Trade secret protection
    1. Statutory
    2. Contractual
  2. Enforcement of trade secrets in court
    1. Courts and civil procedure
    2. Elements to be proved
    3. Evidentiary issues and burden of proof
    4. Interim measures
    5. Remedies
  3. Enforcement in other venues
    1. Criminal prosecution
    2. Administrative protection
    3. Arbitration under labor contract law
  4. Recommendations
    1. Drafting an NDA—contractual formalities, identification of TS
    2. Confidentiality measures
    3. Relations with employees
    4. Relations with authorities


The panel will review these and other key questions:

  • How does trade secret litigation work in China in comparison to the US? What have been the key recent developments in practice?
  • How does an NDA tailored for a China transaction differ from those typically used domestically in the U.S.?
  • What steps can counsel take to minimize the likelihood of infringement in China?
  • Given the challenges with prosecuting trade secret claims in China, are there any other options available?
  • How to make sense of the new Cyber Security Law and its implications for cross-border evidence collection in trade secret cases?


Helen Tang, Esq.
Herbert Smith Freehills, Shanghai, China


Richard K. Wagner, Partner
Steptoe & Johnson, Beijing and Chicago

Mr. Wagner represents clients in disputes and investigations that concern the Sino-U.S. market. He has extensive experience in complex cross-border litigation, international arbitration, government and internal investigations, PRC information compliance counseling, and litigation in the Chinese courts. A seasoned China practitioner, Mr. Wagner counsels U.S. and multinational corporations and individuals on sensitive matters relating to foreign investment in China and the PRC regulatory environment, as well as advises international clients on risk management for their China operations.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The subject-matter was engaging, well-presented and relevant.

Nicholas Buckland

Field Fisher Waterhouse

I appreciated each speaker’s focus on the most important areas to consider and felt they were, without a doubt, experts on the subject matter.

Tricia Littrell


The subject matter was presented at the right level of detail.

Tony Onorato

Steptoe & Johnson

The program slides were very helpful as was the live Q/A at the end.

Melinda Lackey

Winston & Strawn

Very targeted information with experienced presenter.

Chris Larus

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird


Winthrop & Weinstine

Charles S. Baker


Locke Lord

David S. Bloch


Winston & Strawn

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Bassam N. Ibrahim


Buchanan Ingersoll & Rooney

Mark P. Wine



or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.