尽管代理了无数竞业限制案件，律师崔灿一直记得一位女孩的故事。 她30岁出头，此前在杭州某大厂工作，几乎每天凌晨两三点下班。一次，她请假去拍婚纱照，没多久就 被公司召回，穿着婚纱跑回去加班。她觉得这样的生活很没有意义，选择了离职。 对竞业限制并无概念的她，入职了竞争对手公司，很快被前公司派的侦探拍到了证据。 当年的大年二十九前后，她因为得了严重的气胸在病床上等待手术时，收到了前司的传票。她被索赔两 倍年薪，一百五六十万。 女孩经常半夜痛哭，已经确诊重度抑郁。目前案件在一审过程中。崔灿感叹：一个传票轻飘飘的，其实 它重量很大。 近些年，竞业协议争议不断。某种程度上，它在职时是管理手段，离职时可以成为围猎普通人的工具。 崔灿长期代理竞业限制相关的案件，去年从团队独立之后，开始只接劳动者一方的竞业限制案件。我们 还请来一位互联网行业资深猎头，一起聊了有关竞业协议存在的七个争议，以及被竞业限制困住的普通 人的故事。 我们也会讨论，最高法最新的司法解释，以及人社部最新印发的"竞业限制合规指引"能为行业带来怎样 的改变？从公司角度，为什么要求员工签竞业？员工又该如何保护自己？ 以下是镜相工作室与律师崔灿、猎头杜康的对话： ...

新华社北京9月13日电 题：企业如何合规实施竞业限制？指引来了 新华社记者张晓洁 哪些劳动者可纳入竞业限制范围？竞业限制期间，企业如何给予劳动者经济补偿？人力资源社会保障部 办公厅近日印发《企业实施竞业限制合规指引》，引导企业依法合规实施竞业限制。 竞业限制是指企业与负有保守商业秘密义务的劳动者约定，在解除或终止劳动合同后一定期限内，劳动 者不得到与本单位生产或经营同类产品、从事同类业务的有竞争关系的其他企业就业，也不得自己开业 生产或经营同类产品、从事同类业务。劳动合同法对竞业限制制度作出了原则规定。 然而，法律实施过程中，出现了一些企业滥用竞业限制制度的问题，影响劳动者就业择业权和职业发 展，也有少数劳动者违反竞业限制约定，刻意规避违约责任，侵害企业利益。 为防止企业随意界定本企业所拥有的商业秘密，不当扩大实施竞业限制的人员范围，指引明确，属于行 业内一般常识或者行业惯例，可以从公开渠道获得的商业信息，不属于商业秘密。劳动者仅掌握行业通 用的专业知识和技能，工作中接触到的仅为企业一般经营信息，不属于负有保密义务的人员。企业不得 将未知悉或未接触企业商业秘密的劳动者纳入竞业限制范围。 经济补偿和违约金是竞业 ...

Core Viewpoint - The article outlines the information disclosure deferral and exemption management system of Meiyu (China) Environmental Technology Co., Ltd, aiming to regulate the behavior of the company and other information disclosers, enhance information disclosure supervision, and protect investors' legal rights [2][3]. Group 1: General Principles - The system is established based on relevant laws and regulations, including the Securities Law of the People's Republic of China and the Shanghai Stock Exchange's rules [2]. - The company and other disclosers must disclose information truthfully, accurately, completely, timely, and fairly, without abusing deferral or exemption to evade disclosure obligations or mislead investors [3]. Group 2: Scope of Deferral and Exemption - Information can be deferred or exempted from disclosure if it involves state secrets or other matters that may violate state confidentiality regulations [6]. - The company has an obligation to protect state secrets and must not disclose such information through any means, including investor interactions or press releases [4]. Group 3: Procedures for Deferral and Exemption - The company must carefully determine deferral and exemption matters and follow internal review procedures before implementation [3]. - If information is deferred or exempted, the company must register the details and maintain records for at least ten years [12]. Group 4: Reporting and Compliance - The company must report any deferred or exempted information to the Shanghai Stock Exchange and the local securities regulatory bureau within ten days after the annual, semi-annual, or quarterly report announcement [13]. - If the reasons for deferral or exemption are eliminated, the company must promptly disclose the information and provide justifications for its classification as a business secret [10].

Core Points - xAI, founded by Elon Musk, has filed a lawsuit against former employee Xuechen Li for theft of trade secrets [1][9] - The lawsuit highlights the competitive nature of the AI industry and the importance of protecting proprietary technology [15][27] Group 1: Background of Xuechen Li - Xuechen Li has a notable background in AI, having worked at Meta, Google, and Microsoft before joining xAI [2][6] - He completed his PhD at Stanford University in a short span, focusing on trustworthy and secure machine learning methods [4][6] Group 2: Events Leading to the Lawsuit - The lawsuit details events that escalated in the summer of 2025, including Li's sale of approximately $7 million worth of xAI stock [9][10] - On July 25, 2025, the same day he received the last stock sale proceeds, Li allegedly copied confidential information from his work laptop to personal storage [9][10] Group 3: Allegations and Company Response - xAI claims that Li took significant trade secrets, including their entire codebase, which could provide competitors with a substantial advantage [11][14][15] - The company discovered the alleged theft during a routine log review on August 11, 2025, and attempted to recover the stolen data [10][11] Group 4: Legal Actions and Implications - xAI is seeking a temporary restraining order to prevent Li from accessing any devices that may contain confidential information and to prohibit him from working at OpenAI until the matter is resolved [16][17] - The outcome of this lawsuit could set a precedent for talent mobility and intellectual property protection in the AI industry [27]

Core Viewpoint - The company has established a management system for the deferral and exemption of information disclosure to ensure compliance with legal obligations and protect investors' rights [1][2][3]. Group 1: Information Disclosure Management - The company and related information disclosure obligors must disclose information truthfully, accurately, completely, timely, and fairly, and cannot misuse deferral or exemption to evade disclosure obligations or mislead investors [1][2]. - Deferral or exemption of disclosure is applicable when the information involves state secrets or commercial secrets that could lead to unfair competition or harm the interests of the company or others [2][3]. Group 2: Procedures for Deferral and Exemption - The company must document the reasons for deferring or exempting disclosure, including the internal review process and the circumstances under which the information must be disclosed [4][5]. - The decision to defer or exempt disclosure must be made by the general manager's office or the board of directors, depending on the nature of the information [4][6]. Group 3: Confidentiality Obligations - Company directors and other insiders have a duty to maintain confidentiality regarding deferred or exempted information and must limit the number of individuals who are aware of such information [5][6]. - Any breach of confidentiality or failure to report deferral or exemption matters may result in internal disciplinary actions or legal consequences [6][7]. Group 4: Documentation and Reporting - The company is required to submit relevant documentation regarding deferred or exempted disclosures to the regulatory authorities within ten days after the announcement of periodic reports [5][6]. - The management system includes specific forms for documenting deferral and exemption requests, ensuring that all necessary information is accurately recorded [8][9].

Core Points - The article outlines the information disclosure and exemption management system of Wuxi Xiangsheng Medical Technology Co., Ltd, aiming to ensure compliance with legal obligations and protect investors' rights [1][2] - The company is required to disclose information in accordance with relevant regulations, but may defer or exempt disclosure under specific circumstances [1][2] - The internal management procedures for deferring or exempting disclosures are detailed, including the roles of the board of directors and the secretary [4][5] Chapter Summaries Chapter 1: General Principles - The system is established to regulate information disclosure and exemption behaviors, ensuring compliance with laws and protecting investor rights [1] - The company must assess whether information can be deferred or exempted based on specific criteria outlined in the regulations [1][2] Chapter 2: Applicable Situations and Conditions - Information may be exempted from disclosure if it involves state secrets or commercial secrets that could lead to unfair competition or harm to the company or others [2] - If the reasons for deferring or exempting disclosure are eliminated, the company must promptly disclose the information [2] Chapter 3: Internal Management Procedures for Disclosure Deferral and Exemption - The board of directors leads the management of deferral and exemption matters, with the secretary coordinating the process [4] - A formal application process is required, including documentation and internal approvals before any deferral or exemption is enacted [5] Chapter 4: Responsibilities and Penalties - The company must establish a responsibility accountability mechanism for any non-compliance with the disclosure system [6][7] - Individuals responsible for improper deferral or exemption may face consequences if it leads to negative impacts on the company or investors [7] Chapter 5: Supplementary Provisions - The system must align with existing stock exchange rules and relevant laws [7] - The board of directors is responsible for interpreting the system, which takes effect upon approval [7]

General Provisions - The company establishes a system for the temporary suspension and exemption of information disclosure to ensure compliance with legal obligations and internal regulations [1][2] - The company must disclose information truthfully, accurately, completely, timely, and fairly, avoiding misuse of suspension or exemption to mislead investors [2][3] Scope and Conditions for Suspension and Exemption - The company should carefully determine the scope of information that can be temporarily suspended or exempted from disclosure, maintaining consistency with the initial listing conditions [4][5] - Information involving state secrets can be exempted from disclosure if there is sufficient evidence proving that disclosure would violate confidentiality regulations [5][6] - Business secrets can be temporarily suspended or exempted from disclosure if they fall under specific conditions that could lead to unfair competition or harm to the company or others [6][7] Internal Procedures and Reporting - The company must follow an internal approval process for any temporary suspension or exemption of disclosure, which includes documentation and archiving for ten years [5][6] - The company is required to report any temporary suspension or exemption of disclosure to the relevant regulatory bodies within ten days after the announcement of periodic reports [6][7] Additional Provisions - The company must revise the system as necessary to align with national laws and regulations, ensuring that any conflicts are resolved according to legal standards [8][9] - The board of directors is responsible for interpreting the system and ensuring its effective implementation [8]

Core Viewpoint - The case of infringement of Huawei's HiSilicon chip technology trade secrets has resulted in a judgment on July 28, with 14 defendants not appealing, and the first-instance judgment has become effective. The estimated value of the illegally obtained technical information is 317 million yuan [1][3]. Group 1: Company Background - HiSilicon is a wholly-owned subsidiary of Huawei, which initiated the Wi-Fi chip research and development project in 2011, investing significant human and material resources for long-term independent research and development [3]. - The company implemented reasonable confidentiality measures to protect the acquired Wi-Fi chip technology information [3]. Group 2: Infringement Details - Zhang, a former head of the RF chip development department at HiSilicon, founded Zunpai after leaving the company and recruited several individuals to lead technical departments [3]. - Zhang and others conspired to develop similar Wi-Fi chips, recruiting former HiSilicon employees who used improper means to obtain technical information for Zunpai's chip development [3][4]. Group 3: Legal Proceedings - On April 10, 2024, the Shanghai People's Procuratorate filed a public prosecution against Zhang and 13 others for infringing commercial secrets [3]. - During the trial, the public prosecutor educated the defendants on evidence, legal principles, and emotional aspects, leading to voluntary confessions from all defendants [4]. Group 4: Sentencing Outcomes - The Shanghai Third Intermediate Court sentenced all 14 defendants for infringing commercial secrets, with Zhang receiving a six-year prison term and a fine of 3 million yuan, while others received varying sentences and fines [4]. - The head of the Intellectual Property Prosecutor's Office emphasized the importance of trade secrets in modern economic society, linking it to the security of key technologies and national high-quality development [4].

Core Viewpoint - The recent judicial interpretation by the Supreme People's Court aims to clarify the enforceability of non-compete agreements, emphasizing that such agreements should not be abused to restrict the free movement of talent while protecting the business secrets and intellectual property of employers [1][2][3]. Group 1: Non-Compete Agreement Regulations - The Labor Contract Law establishes non-compete agreements primarily to protect employers' business secrets and related confidentiality matters, preventing unfair competition without hindering the orderly flow of talent [1][2]. - The new judicial interpretation states that if a worker is unaware of or has not accessed the employer's business secrets, the non-compete clause is invalid, signaling a clear direction against the misuse of non-compete agreements [1][2][3]. Group 2: Judicial Interpretation and Employee Rights - The interpretation expands the scope of non-compete disputes, indicating that even roles such as cleaners and security personnel may be required to sign non-compete agreements, often with excessive penalties [2]. - The Supreme Court's interpretation supports workers in challenging non-compete clauses that exceed reasonable limits in terms of scope, geography, and duration, particularly when they are not aligned with the business secrets the worker has been exposed to [2][3]. Group 3: Case Studies and Implications - A case involving a pharmaceutical company and a former employee highlighted that the court ruled in favor of the employee, stating that the non-compete obligations were limited to the business secrets the employee was aware of, and confirmed that the two companies were not in competition [3]. - Another case clarified that employees who violate non-compete obligations while employed must bear legal responsibility, reinforcing the importance of adhering to legal and ethical standards in the workplace [4]. Group 4: Employer Responsibilities - Employers are now required to provide evidence that employees have accessed business secrets when disputes arise, shifting more burden of proof onto the employer [5]. - The interpretation aims to promote lawful employment practices and better protect employee rights, preventing the misuse of non-compete clauses to infringe upon workers' employment rights [5].

Core Points - The article outlines the information disclosure deferral and exemption management system of Zhongji Xuchuang Co., Ltd, aiming to regulate the behavior of information disclosure deferral and exemption in accordance with relevant laws and regulations [1][2] - The company emphasizes the importance of maintaining confidentiality regarding state secrets and commercial secrets, ensuring that information is disclosed accurately and fairly without misleading investors [2][3] - The internal management procedures for deferring or exempting information disclosure are clearly defined, including the application and approval process, which involves multiple levels of review and documentation [3][4][5] Group 1 - The system is established to comply with the Company Law, Securities Law, and other relevant regulations, ensuring that the company and other obligated parties handle information disclosure deferral and exemption appropriately [1][2] - The company and other obligated parties must carefully determine the necessity of deferring or exempting information disclosure, following internal review procedures to prevent information leaks [1][2] - Information that involves state secrets or commercial secrets can be deferred or exempted from disclosure under specific conditions, such as potential harm to the company or others if disclosed [2][3] Group 2 - The internal management of information disclosure deferral and exemption is led by the company's board of directors, with the board secretary responsible for organizing and coordinating these matters [3][4] - The application process for deferring or exempting disclosure requires the completion of a registration and approval form, which must be signed by relevant department heads and submitted to the securities department for review [4][5] - The company must maintain records of all deferral or exemption actions for a period of ten years, ensuring accountability and compliance with the established procedures [4][5]