Source: Dorsey & Whitney
Article Authors: Catherine Pan-Giordano, Yan(Bill) Huang
Published: June 2019
It was reported recently that
certain universities and medical research centers in the U.S. made adverse
employment decisions against several Chinese-American scientists who were
suspected of disclosing confidential information regarding federal funded
research to China. Around the same time, it was also reported that the
U.S. authorities had charged a Chinese-American engineer at a multinational
company in the New York State and a Chinese businessman in Liaoning province
with economic espionage.
These news reports triggered
significant concerns among Chinese and Chinese-American scientists, engineers
and researchers working in the U.S. It is a lose-lose situation for both
employers and employees as the employers lost valuable talents and the
employees lost their jobs and exposed themselves to potential civil and
criminal charges.
This article sets out to provide
practical tips without engaging in a discussion on broader principles such as
racial profiling and academic freedom. For a discussion of these
principles, please see the recent dialog between Chinese-American scientists
and Francis S. Collins, Director of the National Institutes of Health (“NIH”),
on Science.1 The
article is structured as a Q&A to address some of the most common questions
that concern scientists, engineers and researchers with regard to the
confidentiality and ethical requirements under agreements, employment policies
and U.S. law.
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For questions regarding this resource, kindly
contact Catherine X. Pan-Giordano（pan.catherine@dorsey.com）.