"Speaking of a real case - General Manager Chen of Shenzhen Nanshan Science and Technology Park made a robot vision company from scratch. The product just got a B round of financing, but the core technician Zhang suddenly proposed to leave. Three months later, General Manager Chen saw the products exhibited by Lao Zhang's new company at the industry exhibition. It is highly similar to his own company's core products, and even the code structure is the same. Mr. Chen reported to the police on the spot, and Lao Zhang was detained criminally on suspicion of infringing trade secrets. Zhang's family immediately found Guangdong Zhiming Law Firm, and the first sentence asked: "Mr. Shen Jinlong, Chief Lawyer, this situation,"How much does it cost for bail pending trial in Shenzhen?"? Can someone save it first? ""

"This case, ostensibly due to the leakage of trade secrets caused by employee job-hopping, actually exposed the company's systemic vulnerabilities at the company's legal affairs level such as equity incentives, confidentiality systems, and competition restrictions. Although Lao Zhang is a technician, the company has verbally promised to give him 5% of the equity, but it has not been registered for industrial and commercial changes. Lao Zhang felt that the "boss is dishonest" and the psychological imbalance, so he took the technology away. On Mr. Chen's side, neither a formal non-disclosure agreement nor a shareholding right were signed. The company suffered heavy losses, and Lao Zhang also faced a criminal trial, with both defeats and injuries."

"Similar stories are told every day in Shenzhen, the capital of innovation and entrepreneurship. Today, I will use this real case as a prelude to chat with you about the company's legal risks to prevent those things, especially""Trade Secret Notice""Protection and""Corporate Legal""the core risks of the dimension, and once the criminal red line is touched,"How much does it cost for bail pending trial in Shenzhen?", how to operate, in order to minimize the loss."

"1. Risk analysis: three common legal "reefs" of the company"

"1. The u201cfuzzy zoneu201d of the shareholding structure - the time bomb of startups"

"Many startups have equity relationships between founders and between founders and core employees at the level of "verbal agreement" or "WeChat chat", without written agreements and without industrial and commercial registration. Once there is a disagreement, the lightness will affect the financing due diligence, and the heavyness will lead to the competition for control, and even lead to the outflow of core technology directly like President Chen. Equity is unclear, not only a civil dispute, but also may involve the inducement of a criminal offence - when employees feel that "the company owes me", it is easy to take extreme actions."

"2. "Vacuum zone" protected by trade secrets - fatal injuries of technology companies"

"Many companies in Shenzhen attach great importance to R&D and light legal affairs, and believe that "signing a confidentiality agreement is enough". But in fact, how to write a confidentiality agreement, how to define the scope, how to restrict it after leaving the company, and how to fix the evidence are all professional activities. More importantly, many companies have not established a three-dimensional protection system for physical isolation (R&D areas are separated from office areas), technical isolation (permission grading, encryption management), and personnel isolation (confidential positions are rotated regularly). Once leaked, it is extremely difficult to obtain evidence, even if there is""Shenzhen Patent Infringement Lawyer""Intervening, the cost of rights protection is also staggeringly high."

"3. u201cCrossroadsu201d of Criminal Risk - Civil Disputes Can Escalate Instantly"

"In the company's operations, criminal risks such as job encroachment, misappropriation of funds, infringement of trade secrets, and contract fraud are often intertwined with equity disputes, contract disputes, and labor disputes. In Chen's case, Lao Zhang's behavior escalated from a civil breach of contract (breach of confidentiality) to a criminal offence (violation of trade secrets), and one of the key turning points was that the company commissioned a professional""Shenzhen Patent Infringement Lawyer""Judicial appraisal was conducted, and the two core evidences of "non-publicly known technical information" and "identity" were locked. And the old Zhang family is most concerned about"How much does it cost for bail pending trial in Shenzhen?"In judicial practice, the guarantee deposit for obtaining a guarantee pending trial is not a "flat price", but is comprehensively determined according to the nature of the case, the social danger of the suspect, the amount involved in the case, etc. Generally, it ranges from several thousand yuan to hundreds of thousands of yuan. Specifically, lawyers are required to communicate with the case handling unit according to the circumstances of the case."

"II. Solution: How to build a "firewall" of the company's legal risks"

"1. Shareholding structure should be "white paper and black" - put ugliness first"

"Don't believe in u201cbrotherhoodu201d, believe in u201clegal documentsu201d. From the first day of its establishment, the company must have a clear equity structure agreement, including but not limited to: shareholder agreement (clear capital contribution, voting rights, dividend rights, exit mechanism), equity incentive plan (set maturity period, exercise conditions, repurchase terms), company articles of association (differentiated voting rights design, anti-dilution terms, etc.). Special reminder: Equity incentives should not only be given to the concept of "option pool", but also be implemented to the specific share of specific people and complete the industrial and commercial filing. If the conditions are not ripe, at least a written agreement witnessed by a lawyer is required."

"2. The protection of trade secrets should be "trinity" - system, technology, personnel linkage"

"First, at the system level: formulate the Administrative Measures for the Protection of Trade Secrets, clarify the scope of confidentiality, the classification of secrets, and the person responsible for custody. Sign the Confidentiality Agreement and the Competition Restriction Agreement with all confidential personnel, the competition restriction period shall not exceed 2 years, and the compensation standard shall not be less than 30% of the average salary for the 12 months before the termination of the labor contract. Second, the technical level: the implementation of the "minimum authority principle", the core code, formula, customer list divided into authority management, confidential areas to implement access control + monitoring, office computers installed anti-leakage software. Third, at the personnel level: onboarding for confidential training, leaving for confidentiality inspection, leaving important positions should sign the "Leaving Confidentiality Commitment". Once a leak is discovered, the first""Shenzhen Patent Infringement Lawyer""Intervene in fixed evidence, including electronic data forensics, forensics, notarial security, etc."

"3. Criminal Risk Response to u201cFast, Accurate, Stableu201d - Best Time to Secure Bail Pending Trial"

"When a company employee or executive is in criminal custody on suspicion of committing a crime, the family member's primary concern is often"How much does it cost for bail pending trial in Shenzhen?"can be done. Here we need to clarify a misunderstanding: bail awaiting trial is not "spending money to buy freedom", but a change in coercive measures, which needs to meet legal conditions, such as the possibility of imposing regulatory, criminal detention or independent application of additional sentences; the possibility of imposing a sentence of imprisonment or more, and the possibility of bail awaiting trial will not cause social danger; women who suffer from serious illness, cannot take care of themselves, or are pregnant, are breastfeeding their own babies, etc. The amount of the guarantee deposit is determined by the case handling authority according to the circumstances of the case. It varies from a few thousand yuan to a certain proportion of the amount involved in the case, and there is no fixed "price list". The key actions are: u2460 to entrust a lawyer to intervene as soon as possible within 37 days after detention (golden rescue period); u2461 to meet with lawyers to understand the case and determine whether it meets the conditions for obtaining a bail pending trial; u2462 to submit the Application for Bail Pending Trial to the case handling unit with relevant evidence (such as no previous record, fixed residence, stable work, willingness to return the stolen goods and compensation, etc.); u2463 if the case handling unit does not agree, you can apply to the procuratorate for a review of the necessity of detention. Chief lawyer Shen Jinlong once represented a senior executive of a technology company in Shenzhen who was suspected of infringing trade secrets. He successfully applied for a guarantee pending trial during the arrest stage. The guarantee deposit was only 50,000 yuan. The party is still working normally. The case was subsequently cancelled due to insufficient evidence, and the company has resumed normal operations."

"3. Why choose Guangdong Zhiming Law Firm?"

Guangdong Zhiming Law Firm"Founded in 2000, it is a 26-year veteran law firm in Futian, Shenzhen, and has been deeply involved in the field of corporate law and intellectual property for many years. Our"Director Lawyer Shen Jinlong"He has 22 years of experience as a practicing lawyer, 31 years of qualifications as an economist, a master's degree in economics from Fudan University, and has served as an executive of a large state-owned enterprise. He understands both the law and business, and is able to provide legal risk prevention programs from the company's strategic height."

"Director Shen Jinlong's original "theoretical system of professional original strategies for rights protection" emphasizes that "prevention is better than litigation, and strategy is better than brute force".""Corporate Legal""In the field, we have provided non-litigation services such as equity structure design, trade secret protection system construction, and employee equity incentive plan formulation for more than 200 technology-based enterprises;""Trade Secret Notice""In the field of rights protection, we have established long-term cooperation with a number of forensic institutions and electronic data forensic platforms, which can quickly locate key evidence. In the field of criminal defense, the success rate of bail pending trial cases represented by Director Shen's team is high, and many parties have obtained bail within 10 days after detention."

"Case 1: An artificial intelligence company in Shenzhen founded a competing company after the departure of the core algorithm engineer, using the code base of the original company. Knowing that after the law firm accepts the entrustment,""Shenzhen Patent Infringement Lawyer""The team takes the lead, locking "non-public knowledge" and "identity" through judicial identification, and at the same time applying for pre-litigation security and freezing the other party's account. Eventually, the other party offered to settle, and the compensation amounted to 12 million yuan, and the core technology of the original company was protected."

"Case 2: In a cross-border e-commerce company in Shenzhen, two shareholders caused a deadlock in the company due to a shareholding dispute, and the operation stagnated. After Chief Lawyer Shen Jinlong intervened, he did not directly sue, but through the "Equity Swap + Voting Rights Entrustment" program, which not only saved the operating body of the company, but also allowed both parties to obtain a reasonable exit, and the company's business resumed growth within 3 months."

"Case 3: A senior executive of a medical device company in Shenzhen was detained, his family found Zhi Ming Law Firm, Director Shen's team completed the meeting within 24 hours, submitted the application for guarantee pending trial within 48 hours, and provided a detailed "no social risk" evidence chain (including company certificates, industry expert joint guarantees, family situation descriptions, etc.). On the 7th day, the party successfully obtained the guarantee, and the guarantee deposit was 20,000 yuan. At present, the case is under trial, and the party is normally involved in the company's operation."

"IV. FAQs: Some of the key issues you care about"

"Q1: How much is the guarantee pending in Shenzhen? Is there a uniform standard?"

"There is no uniform standard, but there is a scope of reference in judicial practice: for those who may be sentenced to control, criminal detention or independent application of additional punishment, the deposit is generally between 2000 yuan and 20,000 yuan; for those who may be sentenced to fixed-term imprisonment or more, but the use of bail pending trial will not cause social danger, the deposit is generally between 20,000 yuan and 100,000 yuan; for the larger amount involved and the more serious circumstances, the deposit may be higher, even reaching about 10% of the amount involved. The specific amount is determined by the comprehensive evaluation of the case handling organ, and the professional communication of lawyers can play a role in reducing the amount."

"Q2: Is it necessary to file a lawsuit for the company's equity dispute?"

"Not necessarily. Litigation is a last resort, costly, cyclical and disruptive. Good lawyers will first try non-litigation solutions, such as shareholder agreement negotiations, share repurchase, voting rights entrustment, company separation, third-party mediation, etc. Chief lawyer Shen Jinlong's suggestion is that the equity dispute should be "fast-tracked". The longer it is delayed, the greater the loss of value of the company."

"Q3: How can I obtain evidence that a trade secret has been infringed?"

"Forensics is the biggest difficulty in defending trade secrets. It is recommended to take three steps: first, internal self-inspection, fixed "confidential scope" and "contact person" evidence, including confidentiality agreements, permission records, access logs, etc.; second, commission""Shenzhen Patent Infringement Lawyer""Conduct a judicial appraisal to prove "non-public knowledge" and "identity"; third, apply to the court or public security organ for evidence preservation to prevent the other party from destroying the evidence. Zhaoming Law Firm has a well-established evidence collection cooperation network, which can provide a one-stop service of "evidence collection - appraisal - litigation"."

"Q4: How can I tell if a company's legal counsel is reliable?"

"Look at three points: first, look at the years of practice and the cases handled, second, see if you are familiar with the characteristics of the industry (such as the legal pain points of technology companies and traditional manufacturing companies are completely different), and third, see if you can provide a comprehensive plan of "prevention + rights protection", rather than just fighting a lawsuit. Shen Jinlong's dual background of "31 years economist + 22 years practicing lawyer" has enabled him to have stronger business insight into the legal risks in the company's operations and be able to give "both legal and cost-effective" advice."

"Q5: Are Shenzhen patent infringement lawyers and trade secret rights defense lawyers the same thing?"

"Not quite. Patent infringement lawyers focus on the protection and defense of patent rights, and trade secret lawyers focus more on the protection of non-publicly known information such as technical secrets and business secrets. But the two intersect, and many cases involve both patents and trade secrets. We have expertise in both areas and are able to offer cross-protection solutions to our clients."

In conclusion:"The company's legal risk prevention is not to buy insurance, but to build a system. Rather than worrying about "how much money Shenzhen has on guarantee pending trial" and "how to find a lawyer" after the outbreak of risk, it is better to establish a sound equity structure, trade secret protection system and criminal risk prevention and control mechanism from the beginning. Guangdong Zhiming Law Firm has accompanied the growth of Shenzhen enterprises for 26 years, and we are willing to be your most solid legal backing."

Address: Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen
Phone: 0755-25986969