Asian Disputes

Investors Can Sue Foreign Wealth Fund in US, Circuit Rules

The Second Circuit has clarified the law on sovereign immunity for actions by a foreign nation's commercial entity that take place outside of the United States but harm investors within the United States.

Report: China Saw a Surge of Trademark Filings

China’s trademark filings grew at a staggering rate in 2014, while the overall pace of new trademark activity in both established and developing economies slowed across the rest of the world, according to a newly released report.

GlaxoSmithKline headquaters.

Five Charged With Theft of GSK Cancer Drug Secrets

Five people including two scientists working for GlaxoSmithKline have been charged with taking part in a scheme to steal trade secrets and methods for manufacturing cancer medication from the drugmaker, the U.S. Attorney's Office for the Eastern District of Pennsylvania ­announced Wednesday.

Top, from left to right: Zhou Shifeng, Wang Quanzhang, Wang Yu, Xie Yanyi, Sui Muqing, Xie Yang.
Bottom: Meng Jianzhu met with 12 lawyer representatives on January 7. 
(Sources: Ministry of Justice and others)

China Charges Lawyers With Political Subversion

By The Asian Lawyer Staff Reporter |

In China, some lawyers are accused of overthrowing the government, giving away state secrets and colluding with anti-China forces, while others get lunch with top party officials.

From the EU to China, 2016 Ushers in New Data Headaches for Companies

Foreign governments, including China, Turkey and the European Union, are giving corporate America fits over how companies handle information and data, and the trend is only going to worsen this year.

Global E-Discovery Market Exceeds $10B in 2015, Continues to Grow

By 2019, Europe will be almost 23 percent of the market and Asia will be more than 7 percent.

Colleen Tracy James

Expert Analysis: Patent Reform in China and Its Impact on U.S. Companies

Colleen Tracy James, a partner at Mayer Brown, highlights some of the trade-offs and strategic considerations in creating international IP portfolios and analyzes the extent to which China's proposed Fourth Amendment might affect such IP strategies for U.S. companies.

Expert Analysis: Why Tech Companies Need to Follow China’s New Anti-Terrorism Law

While the law “creates the duty” without defining how it will be “exercised,” companies should watch how it will be written into regulation.

Chinese human rights lawyer Pu Zhiqiang speaks during an interview at his office in Beijing, China, on Wednesday, June 30, 2010.

The Seven Tweets that Ended a Chinese Lawyer's Career

Seven Weibo posts landed prominent Chinese human rights lawyer Pu Zhiqiang in jail, got him convicted and ended his legal career.

Tech Sector Fights Back as U.S. Approves CISA, UK, China Consider Proposals

New intelligence gathering initiatives have led to a chorus of concern from the tech sector and privacy advocates.

Chinese Rights Lawyer Pu Convicted, Gets Suspended Prison Sentence

By Anna Zhang |

After spending 19 months in custody, Beijing-based human rights lawyer Pu Zhiqiang will soon be released, but he will no longer practice law.

Hong Kong
Starting the Party for Third-Party Dispute Funding in Hong Kong

By Tom Brennan |

A legal reform subcommittee urges Hong Kong to pass legislation to permit outside funding in arbitration.

Young plaintiffs suing the Obama administration celebrate outside a Eugene, Oregon courthouse after filing their case on Aug. 12, 2015.

The Global Lawyer: Using the Courts to Fight Climate Change

The Paris climate talks won't be enough. Can courts grab control of the thermostat?

E-Discovery Growing More Prevalent in Many Regions

A Kroll Ontrack report also highlights predictive coding and its popularity in the UK, US and Europe.

The Asian Lawyer Announces Winners for Emerging Markets Awards 2015

Both regional and international firms alike took home trophies for their work on the most innovative and creative deals and disputes in Southeast Asia and India. Here's the full list of winners.

Priti Radhakrishnan (left) and Tahir Amin

The Global Lawyer: Balm of Gilead, at a Price

Sovaldi, the hepatitis C wonder drug, costs $1,000 a pill. Law-savvy advocates are fighting back.

Hong Kong
Is Arbitration Funding Coming to Hong Kong?

By Tom Brennan |

The city's Law Reform Commission may soon recommend that a law be updated to explicitly allow the practice, making it the first Asian jurisdiction to do so. Lawyers, clients—and funders—are watching these developments closely.

Le Bassin aux Nympheas by Claude Monet was sold by Vilma Bautista for $32 million in 2010.

Panel Upsets Part of Conviction Over Purloined Paintings

A New York state appeals court has vacated the conspiracy conviction of a Philippine national accused of attempting to sell four French Impressionist paintings once owned by the former first lady of the Philippines, Imelda Marcos, worth tens of millions of dollars.

Magistrate Judge Joseph Spero, Northern District of California

Bio-Rad Can't Dodge Ex-GC's Whistleblower Suit

U.S. Magistrate Judge Joseph Spero cleared a path for claims under the Sarbanes-Oxley and Dodd-Frank acts.

South Korea
Quinn Emanuel and Hagens Berman Sue VW on Behalf of S. Koreans

Two prominent law firms filed a federal class action in Los Angeles on Friday against Volkswagen A.G. on behalf of South Korean consumers, making it the first case of its kind against an automaker in the United States.

In re ChinaCast Education Corporation Securities Litigation

The Ninth Circuit on Friday ruled a company can be held accountable for its CEO's fraud, even if that fraud went against the company’s interests. The panel found ChinaCast Education Corp. can be held liable for the alleged embezzlement of CEO Ron Chan.

Is DOJ Focus on Chinese Espionage Racial Profiling?

As the Obama Administration has made protecting American intellectual property from threats abroad a priority for the Department of Justice, it has sent clear signals that it sees China as Enemy No. 1. But the spate of cases that has followed has left some in the defense bar asking whether the government is too quick on the trigger when it comes to prosecuting individuals with Chinese ties. Three high-profile cases targeting naturalized U.S. citizens originally from China have unraveled in the past year, heightening those concerns.

FCPA Tally: 78 Companies Under Investigation, China Leads Mentions

At least 78 public companies have reported that they are targets of ongoing federal investigations under the Foreign Corrupt Practices Act.

U.S. Securities and Exchange Commission building in Washington, D.C. September 4, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Bristol-Myers Squibb Settles China Bribery Case for $14.7 Million

The New York-based company agreed to settle civil charges that its joint venture in China bribed health care providers at state-controlled hospitals in order to promote drug sales.

Gov't Mistakes Rare in Espionage Cases, Former Feds Say

The U.S. attorney's decision to drop charges against a Temple University physics professor accused of relaying U.S. defense technology information to China is not a typical move, according to former federal prosecutors.

Will Initial China/US Cybersecurity Agreement Be Effective?

An initial cybersecurity agreement between China and the United States, seen as an “early step” to curb cybertheft, faces multiple challenges.

The Challenges of E-Discovery and International Privacy Laws

While we work and live in a "borderless" economy, when it comes to e-discovery and litigation matters, borders are ever apparent amid the myriad of international data privacy laws in play where ever data flows between regions.

IP Battles Disturb the Meditative Calm of Yoga Rivals

The Indian government, hoping to discourage Western companies from trying to capitalize on its ancient yoga practice, is taking steps to protect what it considers its traditional knowledge.

South Korea
Global Legal Awards: Global Disputes of the Year

This annual award from The American Lawyer honors the winning team in a range of high-impact, high-profile transnational cases—from Yukos's $50 billion arbitration win against Russia to the groundbreaking Swiss tax settlements.

United Kingdom
Expert Analysis: UK Holds Companies Responsible for Slavery in Supply Chain

By Maureen Gorsen and Doug Bryden |

Under the United Kingdom's new Modern Slavery Act, Asian businesses that make or supply goods or services sold in the U.K. can expect greater scrutiny of their labor practices.

U.S. Securities & Exchange Commission building in Washington, D.C. August 21, 2013. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Attorney Facing SEC Fraud Charges 'Shocked' by Allegations

William Uchimoto, who spent time running the China practice groups for Buchanan Ingersoll & Rooney and Stevens & Lee, said he was "shocked" to learn of the SEC's civil securities fraud charges leveled against him Thursday.

Video Game Exec Charged With Trade Secrets Theft

Terminated employee of Machine Zone was arrested just before boarding a flight to China after an FBI investigation.

Most Countries Keep Bribery Prosecution Within Borders

More than half the countries that signed on to an international bribery law convention haven't ventured beyond their own countries.

The Global Lawyer: The Slave Next Door

A dozen law firms team up to stop human trafficking, and send Congress a signal.

Chinese President Xi Jinping and U.S. President Barack Obama at a G-20 summit in Brisbane, Australia last November. They will meet again next month in Washington, D.C. for Xi's first state visit where China's hunt for economic fugitives in the U.S. is expected to be discussed.

China’s Uneasy Embrace of U.S. Justice for Corrupt Fugitives

By Anna Zhang |

The trial of alleged embezzler Zhao Shilan will be the first U.S. prosecution of a Chinese economic fugitive since China began to hunt for corrupt officials living overseas last year. But difficulties in cooperation between the two countries means a conviction is far from guaranteed.

Manny Pacquiao, left, from the Philippines, trades blows with Floyd Mayweather Jr., during their welterweight title fight on Saturday, May 2, 2015 in Las Vegas.

In Boxing Litigation, Pacquiao and HBO Win First Round

Emmanuel "Manny" Pacquiao and Home Box Office Inc. won the first round in the litigation over his highly publicized match against Floyd Mayweather after a federal panel sent more than 40 consumer class actions to a judge in Los Angeles.

Sony Hit With Trade Secrets Suit Over PlayStation Heroes

A startup backed by a former L.A. Galaxy player accuses Sony of ripping of its idea for a charitable gaming platform.

China Two-Step: Re-Register Trademarks With Customs

It's not enough to register a trademark in the normal way. If you want to protect your marks, register them with the country's customs agency.

Judge Kaplan

Chinese GC Ordered to US for Deposition in Patent Case

A federal judge has ordered the general counsel of a Chinese corporation to come to the United States for a deposition in a patent case, despite the attorney's fear of a possible arrest upon entry by U.S. authorities in a criminal investigation into a violation of the embargo against the Iranian regime.

Mega International Commercial Bank at 65 Liberty St.

Taiwanese Bank Told to Comply With Information Subpoena

Although bank accounts held outside New York cannot be frozen or seized to satisfy a New York judgment, an information subpoena can be used to determine where the accounts are located within the bank, a unanimous First Department panel has held.

Maxwell Chambers, location of the Singapore International Arbitration Center. Photo by Nicolas Lannuzel

Asia Still Sees Fewer Big Arbitrations

By Anna Zhang |

The latest Arbitration Scorecard finds only seven—out of 128—billion-dollar disputes that are being heard in Asia. But Asian arbitral institutes in Singapore, Hong Kong, China and beyond see no shortage of smaller cases.

E-Discovery Expands in Asia as Regional M&A Activity Heats Up

To be successful, practitioners need to understand the distinct legal paradigms that subsist in the APAC region.

U.S. Securities Class Actions Target More Chinese Companies

By Anna Zhang |

The latest report from Cornerstone Research and Stanford Law School finds that suits against Asian companies—most of them Chinese—account for more than half of shareholder class actions filed in the United States during the first six months of 2015.

Intercontinental Conundrum: Navigating Litigation Holds

Companies facing incidents that might attract international attention must assess whether U.S. litigation is reasonably anticipated, thus triggering the need for a litigation hold.

Bio-Rad headquarters in Hercules, CA

Bio-Rad Fires Back at Former General Counsel

Sanford Wadler was fired for misconduct, the company's lawyers said, not in retaliation for speaking up about possible corruption in Bio-Rad's business dealings in China.

A Qualitative Approach to Winning E-Discovery Business in Japan

There is no magic to winning business in Japan. It’s all about careful listening, honest explanations, and patiently waiting for the right decision.

China Denies Role in Hack Attack on Arb Court Website

A cyber-security breach at the Permanent Court of Arbitration places at risk any law firm that tracks arbitration in The Hague.

Clouds at sunset on the South China Sea

The Global Lawyer: Not the South China Sea, Not in Court

Last week arbitrators in The Hague heard from Foley Hoag's Paul Reichler in the first phase of the world's most misunderstood maritime battle, over the status of a few rocks that form the most controversial dots on the world map.

Coordinated Effort from 20 Countries Targets Darkode Hacking Forum

Twelve Darkode members have been charged with computer fraud conspiracy following an FBI infiltration of the forum.

Chinese E-Commerce Loophole Set to Close

Companies selling products to Chinese consumers have been avoiding strict consumer laws by selling directly via e-commerce. But that might not be a viable option much longer.

Marc Kasowitz is representing Macquarie Capital in its malpractice case against Morrison & Foerster.

MoFo, Macquarie Square Off in Puda Coal Malpractice Case

Macquarie Capital appears to have made peace with U.S. regulators over the messy demise of China's Puda Coal. But Macquarie's fight with its former lawyers at Morrison & Foerster is just heating up.

2015 Arbitration Scorecard: Biggest Awards, Biggest Defense Wins and Biggest Settlements

By Michael D. Goldhaber |

The international arbitrations that resulted in the largest public awards and the largest public settlements, 2013-2014. Plus, the biggest billion-dollar claims that were dismissed in the same period.

2015 Arbitration Scorecard: Contract and Treaty Disputes

By Michael D. Goldhaber, Craig Savitzky and Antoinette Cocorinos |

Billion-dollar arbitrations that were active in 2013-2014.

2015 Arbitration Scorecard: Deciding the World's Biggest Disputes

By Michael D. Goldhaber |

Our survey finds more billion-dollar cases than ever—and they’re being heard by the same tiny club of arbitrators.

Floyd Mayweather Jr., left, hits Manny Pacquiao, from the Philippines, during their welterweight title fight on Saturday, May 2, 2015 in Las Vegas.

Mayweather-Pacquiao Fight Sparks More Than 40 Class Actions

More than 40 class actions have been filed over last month’s highly publicized fight between Floyd Mayweather and Emmanuel “Manny” Pacquiao, alleging that the boxers, their promoters and the cable networks airing the match misled viewers about the “Fight of the Century.”

Protecting an International Brand's IP in Vietnam

Vietnam's 93 million residents, a large percentage of whom are under 40, have money to spend on foreign goods and services.

Takata Corp displays at a showroom for vehicles in Tokyo, Japan on May 20, 2015.

Takata Executive 'Deeply Sorry' for Air Bag Defects

A senior executive from Takata Corp. appeared before the Senate Commerce Committee on Tuesday to update lawmakers on the recall of nearly 34 million vehicles installed with the company's air bags.

Kazakhstan Wins Access to Documents of Law Firm Clyde & Co

In a battle over foreign oil and gas assets, the Republic of Kazakhstan has won a ruling that the New York office of U.K.-based law firm Clyde & Co must turn over information about the value of an oil and gas plant seized by the republic.

Catalyst Moves Insight and Insight Predict Into Japan

Catalyst Repository Systems' Insight e-discovery platform with technology-assisted review is available in Japan.

Benjamin Wey

Harassment Suit Moves Forward Against China Stock Promoter

A former employee of a U.S. firm that shepherds Chinese companies through reverse mergers claims its owner, Benjamin Wey, sexually harassed her and then used his own online soapbox to defame her.

Inhospitable Hospitality: BHP Billiton's $25M FCPA Fine

Lessons for companies abound in the Foreign Corrupt Practices Act investigation that arose from BHP Billiton's sponsorship of the 2008 Summer Olympics in Beijing.

Panel discussion on Chinese antitrust enforcement at U.S.-China Legal Summit held on May 21, 2015 at the Ritz-Carlton Beijing Financial Street. From left to right: Susan Ning, King & Wood Mallesons Beijing partner; Liu Jian, deputy director of China National Development and Reform Commission Price Supervision and Anti-Monopoly Bureau; Lei Lingfei, policy director, Intel China.

China's Newest Antitrust Enforcement Target: IP

By Anna Zhang |

There will be more and more cases involving intellectual property, says a top Chinese lawyer in the practice. Here’s what foreign companies need to know.

Bio-Rad headquarters in Hercules, CA

Former Bio-Rad GC Files Whistle-Blower Suit Over Firing

Sanford Wadler claims he was blocked from investigating corruption in China as the company worked to nail down its $55 million FCPA settlement with the federal government.

U.S. Attorney Melinda Haag

Feds Charge Chinese Engineers With Stealing Silicon Valley Technology

The group, including a former employee of Avago Technologies, allegedly applied for patents and used a Cayman Island shell company for cover.

Amy Berman Jackson.

South Korea
At U.S. Border, Laptops Are Not Searchable Like Handbags, Judge Tells Feds

Federal agents do not have unlimited power to search laptops and other electronic devices without a warrant at the border, including airports, a federal judge in Washington ruled. The decision came in a case involving a Korean businessman whose laptop was seized by the Department of Homeland Security in 2012.

A Conversation With The Minister for Law in Singapore

By Anna Zhang |

Speaking with The Asian Lawyer, Minister K. Shanmugam outlines his vision of building the city state into the New York of Southeast Asia's legal services.

China's Respect for IP: It's Getting Better

Remember the stacks of pirated DVDs, the copycat cars, the bogus phones? They still exist, but increasingly at the margins as China gets its intellectual property act together.

US Trade Office Calls Out 37 Countries for IP Practices

The Office of the U.S. Trade Representative released its annual "Special 301 Report" on intellectual property rights.

UBS at 299 Park Ave.

South Korea
Panel Says Commercial Case Belongs in Korean Court

The Appellate Division, First Department, affirmed dismissal of a Commercial Division case Tuesday, holding that the transaction at issue did not have a "substantial nexus" to the state.

Military soldiers wearing DuPont Kevlar vests and helmets, which provide protection against a wide range of threats, including bullets, shrapnel and fragmentation.

South Korea
Long Fight Over Kevlar Trade Secret Theft Resolved for $360M

A South Korean company accused of stealing trade secrets from E.I. du Pont de Nemours and Co. agreed to pay $360 million in restitution and fines on Thursday, settling a long-running dispute over Kevlar brand technology.

Rescue operation using heavy machinery on April 30, 2013 at Rana Plaza in Savar.  On April 24 an eight-story commercial building, Rana Plaza, collapsed in Savar, a sub-district near Dhaka, Bangladesh.

Wal-Mart, JC Penney Sued Over Bangladesh Factory Collapse

An eight-story building that housed garment factories in Bangladesh, collapsed on April 24, 2013, killing more than 1,000 people and injuring many more. This week, the victims and their families filed a lawsuit in federal court in Washington against Wal-Mart and other retailers that allegedly sourced products from those factories.

Hong Kong
Diagnosing Sick Leave Laws Around the World

When you're "sick" in France, you might not be "sick" in Germany.

FireEye Suspects China of 10-Year Cyberespionage Operation

Report concludes governments, businesses and journalists have all been affected by a Chinese cybertheft operation.

Technological and Cultural Challenges of Cross-Border E-Discovery

A Q&A with Deloitte's Andy Ruckman: Reliance on local counsel is a critical consideration, but evolving technology can streamline international discovery.

Alibaba banners hang on the front facade of the New York Stock Exchange.

For Chinese Companies Facing U.S. Class Actions, Déjà Vu All Over Again?

By Anna Zhang |

Not necessarily, lawyers say. Alibaba and other Chinese newcomers to U.S. exchanges are far different from the companies, like now-defunct Sino Forest, that came before. Here’s why.

Morrison & Foerster Sued Over Stock Offering for China's Puda Coal

The defunct, fraud-addled Chinese company Puda Coal was disaster for its investors, and remains a major litigation headache for its bankers. Now the investment bank Macquarie Group wants the lawyers to share the blame.


Uber Taps Gibson Team to Fight Liability for Alleged Rape by Driver

Gibson Dunn partner Michael Wong, a former federal prosecutor, was hired to fend off a suit filed by a Delhi woman who claims stronger background checks could have prevented her attack.

Don't Laugh Off China's Tech Regulations for Banks

The People's Republic of China has introduced highly restrictive technology rules for banks and financial institutions.

Lawyers for Lenovo, Superfish Face Venue Battle

The Chinese laptop maker and Valley adware firm are pushing for a throng of suits to be consolidated in the Northern District of California.

Judge Fines Sands $250K, Demands China Casino Documents

A local judge in Las Vegas has ordered the China Sands Ltd. casino to deliver records related to a wrongful termination case, despite the Sands GC's testimony that following the order could send executives in Macau to jail.

Chinese Arbitration Award Stands in Mineral Co. Fight

A federal judge has ruled that an international arbitration award in favor of a China-based mineral supplier can be enforced upon an American company in a contract dispute.

Computer Hack in Kazakhstan Exposes Client Emails with Curtis Mallet

Emails between Curtis, Mallet-Prevost, Colt & Mosle and its client, the Republic of Kazakhstan, were posted online in January after that government’s computers were hacked. Kazakhstan’s counsel at Curtis says in a complaint filed Thursday against the alleged hackers that some of the emails contained privileged and confidential attorney-client communications.

India Eyes Reforms to a Disputes System Held in Low Repute

By Tom Brennan |

The country's reputation for bogging foreign investors down in litigation for years and overturning foreign arbitral awards may start to change if two soon-to-be-introduced laws are passed this year. It's all part of Prime Minister Narendra Modi's plan to attract new business to the Indian economy.

LEGO Friends.

Lego Sues to Block Imports in Patent Fight Over Toy Dolls

The International Trade Commission on Wednesday gave a green light to toymaker Lego A/S to bring a patent and copyright infringement case against three competitors that are seeking to appeal more to girls. Lego says its rivals copied its "Friends" line.

US Companies Criticize China's New Data Rules

In the name of antiterrorism, China may require all companies to keep their servers and user data within the country, and demand that technology firms turn over encryption keys.

From the Experts: A Global Perspective on Antitrust Regulation

Antitrust/competition regulators are becoming more active and are in increasingly closer contact with each other. It's almost cartel-like.

Chinese Furniture Factory in the Guangdong Province, China

The Global Lawyer: The U.S. Offensive in the China Trade War

When it comes to protectionism, China isn't blameless. But the United States wields its trade laws just as aggressively against Chinese companies.

China Tightening Rules on Personal Data

A new personal information law in China aims to protect consumer personal information and clarify the obligations of companies operating in the region.

Quarantine for Digital Devices That Travel Overseas

The U.S. Department of Homeland Security expects that when employees travel overseas, their devices may come back bugged. So into quarantine they go.

Sands China Casino GC Bows to Chinese Data Privacy Law

The general counsel of the Sands China casino in Macau is caught between Chinese data privacy law and a Nevada judge's order that the casino disclose private information.