Note: The following does not constitute legal advice and should not be considered a substitute for face-to-face consultation with a licensed attorney. Please consult with an attorney with expertise in the relevant field before taking any action to ensure compliance with local laws and factual details. In some cases, the alleged acts of commercial espionage can be reframed as legitimate competitive intelligence gathering in the defense, but the key is to clarify the specific nature, scope and methods of the acts. Generally speaking, the following aspects can be considered to find a legal basis for the client's actions and thus mitigate the corresponding liability: 1. Distinguishing between legitimate competitive intelligence and illegal espionage a. Legitimate competitive intelligence generally refers to the collection of information about the market, products and competitors through public channels and legal means; b. Illegal espionage often involves secret intrusion, theft of secrets or the use of fraud, inducement and other improper means to obtain trade secrets. Therefore, the key is to prove that the client's information sources, methods of acquisition and the information obtained are all within public or legal channels, and not obtained through secret, intrusive or non-disclosure agreement violations. 2. Focus on the channels and methods of information collection a. Check whether the client has only used public channels (such as public data, media reports, public financial reports, industry conferences, exhibitions, public speeches, etc.); b. If there is communication with third-party personnel, ensure that these conversations are voluntary, do not violate confidentiality clauses or use improper means to obtain information; c. Provide evidence for the data collection tools, web crawlers, public databases, etc. used by the client, and explain that these methods are universal and legal in the industry. 3. Emphasize industry conventions and market competition practices a. Explain that in the relevant industry, many companies use competitive intelligence technology to collect information from the open market; b. Cite industry standards or guidelines from authoritative organizations (if any) to prove that the client's behavior is in line with industry practices and legal regulations; c. Analyze which similar behaviors have been classified as legal business intelligence collection in existing cases, so as to provide a reference for the client's behavior. 4. Focus on the intention and scope of information acquisition a. Prove that the client's main purpose of collecting information is to better understand market dynamics and optimize strategic decisions, rather than stealing or maliciously using competitor secrets; b. If the intelligence collected is mainly based on public information or non-sensitive information, emphasizing this point can help distinguish illegally obtained trade secrets. 5. Documentation and internal compliance measures a. Show the detailed records, emails, meeting minutes, survey data, etc. left by the client during the information collection process to prove that its behavior process is transparent and compliant; b. If the client has internal training or compliance policies, explain how the policy guides employees' legal behavior during the information collection process, which can also prove to some extent that it has no subjective intention to commit a crime. 6. Detailed review according to relevant laws a. Different jurisdictions may have different definitions of trade secret protection and competitive intelligence, and it is necessary to find out the specific legal provisions applicable to the facts of the case; b. Identify the boundaries between "confidential information" and "public information" involved in the case, and discuss whether the client has inadvertently crossed the boundary; c. Analyze the conditions for "reasonable acquisition of competitive intelligence" in the legal provisions to prove that the client's behavior does not exceed the reasonable scope. 7. Reasonable defense strategy a. Emphasize that the client has conducted risk assessment and compliance review before collecting information; b. Explain the client's verification measures for the source of information and prove that all information comes from legal channels; c. If the other party has evidence that the client has adopted secret or improper means, it is necessary to analyze the authenticity of the evidence, the breaks in the chain of evidence, and provide reasonable explanations. In summary, in order to interpret the client's behavior as legitimate competitive intelligence collection, the key is to do everything possible to prove: • The method of obtaining information is open and reasonable; • The behavior complies with common industry practices and current legal provisions; • The client has compliant and transparent internal management measures; • There is no deliberate attempt to obtain real business secrets through secret or illegal means. The facts and evidence of each case are different, and these guidelines are only general ideas. The actual defense strategy needs to be analyzed on a case-by-case basis in combination with detailed case facts, evidence and relevant laws and regulations. In this process, it is particularly important to cooperate with professional criminal defense lawyers and corporate compliance consultants to ensure that the defense strategy adopted is both in compliance with legal provisions and can be supported in court.