NINTH CIRCUIT AFFIRMS CHINESE COS. MUST FACE CRIMINAL DUPONT TRADE SECRET CASE

摘要

The Ninth U.S. Circuit Court of Appeals said on July 26 that four companies with connections to the Chinese government must face criminal claims over an alleged conspiracy to steal E.I. du Pont de Nemours & Co's trade secrets related to a white pigment used in a variety of products, rejecting their argument that they were immune under the Foreign Sovereign Immunities Act. Sidestepping the question of whether the FSIA applies to criminal cases, U.S. Circuit Judge Daniel Collins said the Pangang Group Co Ltd and its three affiliates failed to show they were Chinese government entities under the law, a baseline requirement for FSIA immunity.