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Chinese Co. Accused Of Espionage Tells 9th Circ. It’s Immune

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Chinese Co. Accused Of Espionage Tells 9th Circ. It’s Immune

Chinese Co. Accused Of Espionage Tells 9th Circ. It’s Immune

Law360 (February 27, 2020, 11:17 PM EST) — A state-owned Chinese steel company told the Ninth Circuit it can’t face criminal charges alleging the business stole manufacturing trade secrets from DuPont Co., arguing it’s immune from the charges under the Foreign Sovereign Immunities Act.

Pangang Group Co. Ltd. and related entities told the appeals court Wednesday that a California federal judge was wrong to deny its bid to dismiss the case based on the argument that the companies’ “long and active participation” in the criminal case constituted an “implied waiver of sovereign immunity.”

“The district court’s contrary interpretation disregards the statutory text and structure, the common law background, and…

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