Asian Disputes

Melbourne, Australia

Herbert Smith Freehills Sues Partners Poached by White & Case

By Anna Zhang |

Eight Australian partners at Herbert Smith Freehills have been named as defendants in a case over their en masse defection to the U.S. firm.

Ivo Labar and James Wagstaffe, Kerr & Wagstaffe leave the U.S. District Court for the Northern District of California.

Davis Polk Partner Says Bio-Rad GC Kept Pushing Flimsy Claims

By David Ruiz |

Martine Beamon, who was hired to investigate potential FCPA violations, testified Thursday that the company's general counsel rejected her firm's conclusion that the suspicions were "meritless."

Draft Executive Order Targeting Worker Visas Shakes Silicon Valley Tech Companies

By David Ruiz |

The torrent of drastic changes to U.S. immigration law—including a draft proposal of an executive order to restructure and possibly rescind entire worker visa programs—has sent Silicon Valley tech companies into a frenzy, seeking legal help for a multitude of questions.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California

Bio-Rad Trial Witnesses Claim Outburst, Obstruction by Ex-GC

By David Ruiz |

Bio-Rad Laboratories Inc. chief financial officer Christine Tsingos added a new claim to the company's case against fired general counsel Sanford Wadler in court Tuesday: Wadler allegedly once became openly hostile in a meeting, pounding his fists and yelling at the room.

FCPA & Anti-Money Laundering: A Special Report

Half of the Financial Crimes Enforcement Network's 2016 enforcement actions were brought against companies in the gaming industry. And U.S. Department of Justice efforts in 2016 added greater specifics on the potential benefits of corporate self-disclosure. And want to know how broker-dealers can rely on investment advisers to verify the identity of shared customers? Read on.

Sweatshops, Slavery and GCs

By Stephanie Forshee |

Two decades after retailers got blowback for their labor practices abroad, more top lawyers are stepping into business-focused roles and tackling sustainability and corporate social responsibility efforts.

The Patent Implications of Using AI in the Global Marketplace

International usage can lead to problems through data collection, disclosure and more.

New Jersey Court Lacks Jurisdiction Over Indian Pharma Company Despite Its Local Subsidiary

The Appellate Division found "insufficient evidence presented to pierce the corporate veil and impute Dishman USA's New Jersey contacts to" Dishman Pharmaceuticals, which is based in India.

Will Trump Make America Corrupt Again?

President-elect Donald Trump once called the Foreign Corrupt Practices Act a "horrible law." Will the U.S. continue to play the role of global corporate corruption cop?

FILE - In this Aug. 21, 2015, file photo, former NBA star and current owner of the Charlotte Hornets, Michael Jordan, smiles at reporters in Chicago. President Barack Obama is honoring Jordan, Cicely Tyson, Tom Hanks, and others with the Presidential Medal of Freedom, the nation's highest civilian honor.  (AP Photo/Charles Rex Arbogast, File)

Michael Jordan Wins Trademark Case in China's Top Court

By Anna Zhang |

China's top court has ruled that former NBA star Michael Jordan owns the trademark rights to his name in Chinese characters.

Sturgis Sobin, Derek Ludwin and James O'Connell, partners at Covington & Burling

Litigators of the Week: A Win for Free Trade and Chinese Steel

When the U.S. International Trade Commission waded into a legal issue it hadn’t touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge

JPMorgan Chase Settles Foreign Bribery Claims for $264M

A subsidiary of JPMorgan Chase & Co. ran a nepotism program on a grand scale in China, Justice Department officials said Thursday, as the bank agreed to pay $264.4 million to settle allegations it hired the sons and daughters of government officials to bribe its way to investment deals.

Tetra Pak

China Fines Tetra Pak Record $97 Million for Antitrust Violations

By Anna Zhang |

State Administration for Industry and Commerce headed down its largest antitrust fine to the Swedish packaging giant, ending a nearly four-year-long probe.


Singapore Offers Clues on the Future of Courtroom Technology

A look at how the integrated courtroom and related technologies have evolved in the city-nation.

China Passes Controversial Internet Security Law

By Anna Zhang |

China passed a controversial internet security law on Monday despite strong opposition from foreign companies.

The Global Lawyer: Asia Lets Loose the Hounds of Third-Party Funding

Hong Kong’s law reform commission called for legalizing arbitration finance on Oct. 12. If the past is any guide, Singapore’s law ministry, which reviewed guidelines for third-party funding this summer, will swiftly make a matching move.

When Bad Things Happen to Bad Companies

In case after case, the bogeymen of arbitration are going up in smoke, The Global Lawyer writes. But do critics rejoice when bad things happen to bad companies? No. Rather than celebrate good arbitral judgment, they insist the system remains broken.

Bombay High Court

Firm Takes Legal Action Against Ex Partner Accused of Participating in 'Diabolical’ Plot

By Frances Ivens, Legal Week |

Indian firm Cyril Amarchand Mangaldas (CAM) has taken legal action against its former Chennai office head over allegations relating to confidentiality and noncompete clauses.

Class Action Filed Against World’s First Publicly Listed Law Firm Over Share Price Crash

By Chris Johnson |

A group of Slater and Gordon shareholders have launched a class action against the Australian personal injury law firm following a catastrophic U.K. acquisition that led to its share price crashing 95 percent in less than a year.

Where Are the Women and Minorities in Global Dispute Resolution?

Serving on international ADR panels is nice work if you can get it. But those selected as arbitrators are almost always men, predominantly white and disproportionately from wealthy nations.

Box of Hebei Welcome Pharmaceutical's Vitamin C

For Chinese Companies, the My-Government-Made-Me-Do-It Antitrust Defense May Not Work Next Time

By Anna Zhang |

When a Chinese company escaped a U.S. price-fixing judgment on the grounds of international comity, some were outraged. But changes in China's antitrust laws mean that such a victory is unlikely to be repeated.

U.S. District Judge James Donato, Northern District of California

In Price-Fixing Cases, Two Judges Rule on Reach of US Antitrust Law

A pair of district court rulings reinforce plaintiffs lawyers' ability to sue foreign companies over claims that they fixed prices, even when the transactions at issue took place overseas.

GlaxoSmithKline to Pay $20M SEC Fine for Bribes in China

By Anna Zhang |

British pharmaceutical giant GlaxoSmithKline will pay $20 million to the U.S. Securities and Exchange Commission to settle charges of bribing Chinese doctors and officials in order to boost sales.

Volkswagen’s Legal Troubles Extend to Australia

By Anna Zhang |

Volkswagen’s legal troubles have extended to Australia, where the country’s competition regulator has filed a lawsuit against the German automaker over the company’s emissions scandal.

AB InBev Pays $6M to Settle Foreign Bribery Claims

International brewing giant Anheuser-Busch InBev has agreed to pay $6 million to settle claims that its joint venture in India used third-party promoters to bribe government officials, the Securities and Exchange Commission announced.

Nu Skin Violates FCPA With China Charitable Donation

By Anna Zhang |

Provo, Utah-based cosmetic maker Nu Skin Enterprises Inc. has agreed to pay $765,688 to settle a U.S. Securities and Exchange Commission investigation into a questionable charity donation the company made in China in violation of the Foreign Corrupt Practices Act.

Yellow pills forming shape to C alphabet on wood background

Letting Chinese Companies Play by Their Own Rules in U.S. Courts

In an unsatisfying decision, the U.S. Court of Appeals for the Second Circuit on Tuesday let a Chinese vitamin C maker off the hook for price fixing.

Box of Hebei Welcome Pharmaceutical's Vitamin C

Appeals Court Vacates $147M Judgment Over Chinese Vitamin C

Chinese vitamin C sellers are off the hook for violating U.S. antitrust law because they were compelled by the Chinese government to set prices and reduce quantities for the vitamin.

International law systems, justice, human rights and global business education concept with world map on a school globe and a gavel on a desk on blue background.

Law Profs Attack TPP’s ‘Rigged Pseudo Court’--and They Have a Point

A sham. A disaster. A disgrace. That’s how opponents describe the legal process for resolving disputes under the Trans-Pacific Partnership.

U.S. Securities and Exchange Commission building in Washington, D.C.

AstraZeneca to Pay $5.5M to Settle FCPA Claims

AstraZeneca agreed Tuesday to pay $5.5 million in penalties and interest to settle claims that it violated the Foreign Corrupt Practices Act through improper payments to health care providers in China and Russia.

In Praise of Cyber Lawfare

Everyone thought that the U.S. indicted Chinese hackers merely for show. Everyone was wrong, writes The Global Lawyer.

Republican U.S. presidential nominee Donald Trump speaks at Youngstown State University in Youngstown, Ohio August 15, 2016.

Would the International Emergency Economic Powers Act Help Trump?

OPINION: The candidate could potentially use the act to advance his national security plan.

Shepard Goldfein and James A. Keyte

Chinese Antitrust Enforcement and the U.S.: an Uncertain Path

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: As China's political and economic impact continues to grow around the world, U.S. regulators have been forced to grapple with how to protect U.S. interests in a system sprung from a very different government ideology. This clash has played out in the antitrust context in the drafting, implementation and subsequent reaction to China's Anti-Monopoly Law.

Beijing Intellectual Property Court

IP Litigation in China: Foreign Companies Still Face Challenges

By Anna Zhang |

Recent studies have shown some promising win rates for international companies' China patent litigation. But problems remain.

China Legalizes Ride-sharing Services

By Anna Zhang |

The Chinese government said it will legalize online car-hailing applications such as Uber and its domestic rival Didi Chuxing.

Marmal Military Base in Afghanistan.

Defense Contractor Wants Afghan Law Applied to Suit in LA--Except for the Flogging Part

At first glance, the complaint looks like your average drunk driving negligence suit. Except defense contracting giant AECOM argues Afghan law should apply.

Lessons from U.S. v. 'Wolf of Wall Street'

By Michael D. Goldhaber |

The U.S. Kleptocracy Initiative says "f--- you" to kleptocrats. What about their lawyers?

Expert Analysis: Stanford FCPA Database Upstages Big Law Efforts

A new database from Stanford Law School offers unique insight on Foreign Corrupt Practices Act settlements.

Litigator of the Week: Paul Reichler of Foley Hoag

Paul Reichler has been dubbed Mr. World Court for his dominance at the seat of public international law. But in the past week Mr. World Court became Mr. Arbitration. It was a great week for public health and maritime borders. And a terrible week for international bullies.

Dentons Caught Up in Perceived Conflict of Interest in China

By Anna Zhang |

The world’s largest law firm by headcount is accused of dumping an alleged police brutality victim client, then taking on the police as a client in the same case.

Apple Turns to Fangda Partners to Protect Its iPhone in China

By Anna Zhang |

Fangda Partners, a large China-based law firm headquartered in Shanghai with a strong intellectual property disputes practice, is representing Apple in its fight to reverse a recent ruling that threatens to ban sales of the iPhone 6 and iPhone 6 Plus in Beijing.

Corinne Ball

Kaisa Effects Restructuring of U.S. Bonds Offshore

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day writes: Defaults on onshore and offshore obligations by companies in Greater China, as well as other Emerging Markets, have been increasing. Restructuring of this debt via a scheme of arrangement in tandem with a U.S. bankruptcy case may present an effective restructuring mechanism for Emerging Market enterprises.

E-Discovery and IG Efforts in China Hampered by Vague Regulations, Loyal Business Culture

Foreign Companies based in China face a host of social and legal challenges in discovery and corporate governance.

Key Lessons for GCs From Two FCPA Cases

The Justice Department revealed how it reached decisions under its new pilot enforcement program.

Have Global Compliance Problems? You're Not Alone

By Monika Gonzalez Mesa |

The 2016 Global Business Ethics Survey, released Thursday by the Ethics & Compliance Initiative , revealed that more workers in Brazil, India and Russia reported seeing misconduct and experiencing pressure to compromise standards than their counterparts in 10 other countries.

French police officers look over a piece of debris from a plane in Saint-Andre, Reunion Island, on July 29, 2015. The wing was later found to be from missing Malaysia Airlines Flight 370 that went missing March 8, 2014, with 239 people aboard while flying from Kuala Lumpur to Beijing.

Paths to Legal Relief in Malaysia Flight Disappearance Prove Elusive

The location and cause of Malaysia Airlines Flight 370's disappearance two years ago continues to prove elusive, but that hasn't stopped plaintiffs lawyers from pursuing novel and, at times conflicting, legal theories in U.S. courts on behalf of the families of the deceased.

Lisa Hobbs, partner, Kuhn Hobbs, Austin

Texas Supreme Court Allows $1.29M Legal Mal Case Against DLA Piper to Proceed

The Texas Supreme Court has ruled that an Australian businessman has standing to sue DLA Piper, giving him a shot at recovering a $1.29 million jury verdict he won against the huge multinational law firm after the judgment was thrown out by an intermediate court of appeals.

Huawei’s Lawsuit Against Samsung Illustrates Key Issues in Smartphone Patent Conflicts

The patent infringement lawsuit highlights major similarities and differences with other recent smartphone legal disputes.

Australian Agency Pitches Patent Case to U.S. Supreme Court

The appeal could make new law on patent damages—where it's badly needed, according to Kobre & Kim partner Michael Ng.


Probes by Dechert, Sullivan & Cromwell Draw Scrutiny

The law firms who carried out investigations for Eurasian Natural Resources Corp. and Standard Chartered Bank have recently found their roles questioned. It's a reminder that firms hired to do internal probes must walk a tightrope between pleasing clients and regulators.

Jeremy H. Temkin

Expert Analysis: Accessing Records With Bank of Nova Scotia Summonses

Through Bank of Nova Scotia summonses, the IRS seeks to compel U.S. branches of foreign banks to produce records held by their overseas branches, even when production would otherwise be proscribed by foreign bank secrecy laws. This law enforcement tool has been used rarely over the past three decades, but in today's regulatory climate, practitioners representing taxpayers need to be aware of their availability.

Lawmakers Seek to Make NJ International Hub for ADR

New Jersey lawmakers are considering legislation that would make the state a center for international alternative dispute resolution.

Citing Cyberespionage, U.S. Steel Seeks China Import Ban through IP Trade Law

Breached by Chinese officials in 2010 and 2011, U.S. Steel is pushing back against appropriation of its stolen trade secrets.

A Smooth Landing for Air Cargo Suit

After $1.2 billion in settlements and a decade of litigation that swept in antitrust lawyers from more than 50 firms (seriously, did anyone NOT work on this case?), the massive air cargo price fixing litigation is coming in for a landing.

Big Pharma Gets a Big Win in India

India may be showing signs that it no longer wants to be Big Pharma’s public enemy No. 1.

The Pitfalls of Private-Label Selling

American entrepreneurs buy Chinese goods to sell, but lose out on patent protection.

The Appellate Division, First Department, at 27 Madison Ave.

Panel Finds NY, Not London, Is Proper Forum for Dispute

New York's First Department said that a forum selection clause in the earlier of four agreements between a Kazakh oligarch and his former financial advisor designating New York courts for the resolution of disputes controlled the matter, even though later agreements cancelled the earlier one.

Page Pate

Whistleblower Suit Over Chinese Imports Settles for $15 Million

The U.S. Department of Justice announced Wednesday that it has secured $15 million from a California-based furniture chain to resolve claims that it improperly evaded anti-dumping duties on wooden bedroom furniture imported from China.

Chinese human rights lawyer, Teng Biao (Shizhao/Wikimedia)

Lawmakers Pounce After ABA Scraps Book by China Rights Lawyer

A congressional committee that monitors human rights in China wants the ABA's president to explain why the group reversed plans to publish a book by Chinese human rights lawyer Teng Biao.

Edward M. Spiro and Judith Mogul

Service of Process by Email on Defendants Outside the U.S.

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Several recent decisions have permitted plaintiffs frustrated by elusive defendants or uncooperative foreign governments to serve defendants through email under FRCP 4(f)(3), providing a modern-day solution to an age-old problem.

Data Residency Compliance Leads Box to Plant Cloud Locations Overseas

In launching Box Zones in Europe and Asia, the cloud provider aims to assist its international customers with the challenges of complying with new and upcoming local regulations

Fossils Returned to Mongolia

U.S. Eastern District Attorney Robert Capers presided over a ceremony Tuesday in which the United States transferred to Mongolia the ownership of the remains of six species of dinosaurs.

U.S. Department of Justice building in Washington, D.C. January 10, 2012. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

DOJ Sweetens Rewards for FCPA Cooperation

The U.S. Department of Justice on Tuesday launched a pilot program that could significantly reduce the criminal penalties for companies that self-report violations of the Foreign Corrupt Practices Act.

Has the Electronic Courtroom Finally Arrived? Leading the Way in Asia

Singapore and Brunei are at the forefront of digital modernization.

Thurgood Marshall U.S. Courthouse at 40 Foley Square

Abusive Husband's Award Found 'Clearly Inappropriate'

Intimate partner violence should have prevented a judge from awarding a man more than $283,000 in fees and costs in an international child custody dispute, a federal appeals court said Friday.

State-Sponsored Patent Funds: Licensing or Litigating?

Such funds have long been a target of criticism, especially from the U.S. And international trade experts have sounded the alarm, saying SPFs signaled a new form of nationalism and protectionism.

Malaysia Airlines Flight 370 (MH370/MAS370)[b] was a scheduled international passenger flight that disappeared on 8 March 2014, while flying from Kuala Lumpur International Airport, Malaysia, to Beijing Capital International Airport in China.

Miami, Chicago Attorneys Suing Boeing in Malaysia Airlines Flight 370 Crash

Attorneys in Miami and Chicago are suing Boeing Co. on behalf of the families of passengers who disappeared on Malaysia Airlines Flight 370 two years ago.

Report: It’s Not Just the U.S. That’s Fighting Bribery

The extraction industries saw the brunt of bribery enforcement actions in 2015, but the manufacturing/service providing industry faces more U.S. investigations, according to a new report from TRACE International, a provider of anti-bribery compliance services.

Judge Andrew Carter Jr.

Immigration Residency Rule Found Unfair in Remarriages

Southern District Judge Andrew Carter has thrown out part of an immigration regulation he said set the bar too high for obtaining lawful permanent residency for the spouses of people taking a second shot at marriage.