Asian Disputes

FireEye Suspects China of 10-Year Cyberespionage Operation

By Erin E. Harrison |

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

Vector representations of people with different nationalities

Technological and Cultural Challenges of Cross-Border E-Discovery

By Christopher DiMarco |

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

By Scott Flaherty |

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

By Ross Todd |

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

By Marlisse Silver Sweeney |

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

Lawyers for Lenovo, Superfish Face Venue Battle

By Ross Todd |

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

By Sue Reisinger |

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

By P.J. D'Annunzio |

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.

Kazakhstan, Spain
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.

China, Denmark
Lego Sues to Block Imports in Patent Fight Over Toy Dolls

By Jenna Greene |

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.

China, Hong Kong, South Korea
From the Experts: A Global Perspective on Antitrust Regulation

By Thomas A. McGrath and Fay Zhou |

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

By Michael D. Goldhaber |

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

By Marlisse Silver Sweeney |

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

By Marlisse Silver Sweeney |

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.

Qualcomm To Pay $975M China Antitrust Fine

By Anna Zhang |

The San Diego-based chipmaker will also charge lower patent royalties in China as the result of a 14-month antimonopoly investigation.

China Formally Detains Canadian Man Suspected of Espionage

By Anna Zhang |

Kevin Garratt has been moved to a detention center after months under house arrest for allegedly stealing Chinese state secrets. His wife, who also was being held, has been released on bail.

Andrew Ceresney.

'Big Four' China Affiliates Settle SEC Charges

By Jenna Greene |

Four China-based accounting firms affiliated with the "Big Four" on Friday agreed to pay $500,000 each to settle charges by the U.S. Securities and Exchange Commission that they refused to turn over documents in multiple fraud investigations.

Chief Judge Gregory Sleet, District of Delaware

China, Romania
China's ZTE Wins TRO Blocking Romanian Sales Ban

By Scott Graham |

ZTE's legal team at Pillsbury Winthrop Shaw Pittman turned to the U.S. District Court for Delaware to stop an injunction entered last week by a court in Romania.

China, Israel
Boies Wins Discovery Fight in Bank of China Terror Funding Case

By Julie Triedman |

Over the objections of defense lawyers at Dorsey & Whitney and Squire Patton Boggs, Bank of China was ordered to turn over internal investigation records that could help plaintiffs tie the bank to a 2006 Palestinian terrorist attack.

An Uber car drives down Market Street in San Francisco

Delhi Woman Sues Uber Over Alleged Rape by Driver

By David Ruiz |

Lawyers for the woman say Uber performed inadequate checks of drivers and "breached its duty" to protect customers.

Betsy Benjaminson.

Toyota Nears Settlement with Blogging Translator

By Amanda Bronstad |

Toyota Motor Corp. is in settlement talks with a former translator and self-described whistleblower who was sanctioned last month for posting on a blog internal documents related to its sudden acceleration defects.

China, India, Russia
FCPA Shifts in China, India, Russia and Latin America

By Sue Reisinger |

Lawyers from Gibson, Dunn & Crutcher offered their views on changes to Foreign Corrupt Practices Act enforcement in emerging markets.

Takata airbag components on view before a U.S. Senate Committee on Commerce, Science, and Transportation hearing titled “Examining Takata Airbag Defects and the Vehicle Recall Process.” November 20, 2014.

Squire Patton Boggs to Lobby for Takata Corp.

By Andrew Ramonas |

The embattled air bag manufacturer has enlisted one of the firm's partners, former U.S. Secretary of Transportation Rodney Slater, as a special counsel.

Honda Hit With Record $70M Fine

By Jenna Greene |

American Honda Motor Co. Inc. will pay two fines totaling a record $70 million to the National Highway Traffic Safety Administration for failing to report deaths, injuries and certain warranty claims to the federal government.

Stephen Kass

The Environmental Struggle Within the Trans-Pacific Partnership

By Stephen L. Kass |

In his International Environmental Law column, Stephen L. Kass writes that the tension between economists, investors and manufacturers favoring the elimination of most constraints on international trade and environmentalists (and labor advocates) fearful of a "race to the bottom" by countries competing for new factories has once again taken center stage in a struggle that is threatening to derail the proposed Trans-Pacific Partnership agreement.

Indonesia, Australia, Ukraine, United Kingdom, Cuba, Dominican Republic, Honduras, Uruguay
A Guide to the Legal Battles Over Tobacco Packaging

By Michael D. Goldhaber |

Big Tobacco is fighting plain-packaging regulations in court, in the World Trade Organization, and in international arbitrations.

Taming the Beast

By Anna Zhang |

As China cracks down on corruption, international firms with FCPA expertise are gearing up.

Australia, United Kingdom, Uruguay
Smoke and Lawyers

By Michael D. Goldhaber |

Big Tobacco is attacking packaging regulations with both trade law and arbitration. Which is the better weapon?

Hong Kong
Out With the Oligarchs?

By Anna Zhang |

A new competition law is creating plenty of work for lawyers. But local moguls needn't panic just yet.

MWE China Launches First E-Discovery Center

By Anna Zhang |

Chicago's McDermott Will & Emery extends its Chinese alliance into discovery and data analysis as demand for investigations and compliance work grows.

Francis Kwan, former vice president of the Hong Kong Stock Exchange, left, Rafael Hui, Hong Kong's former chief secretary, second left, Thomas Chan, former executive board member of Sun Hung Kai Properties Ltd., second right, and Thomas Kwok, former co-chairman of Sun Hung Kai Properties Ltd., right, arrive at the High Court in a prison van in Hong Kong.

China, Hong Kong
Hong Kong Billionaire, Ex-Official Jailed For Corruption

By Anna Zhang |

Thomas Kwok and Rafael Hui will each spend five and seven-and-a-half years in prison as Hong Kong vows to build corruption-free government and business community.

First group of post-war child migrants arrive in Fremantle, Western Australia in 1947.

US Court Affirms Dismissal of Suit by Victims of Child Migration to Australia

By Ben Bedell |

The plaintiffs had sued the U.S. affiliates of various Australia Catholic orders in the Southern District of New York in 2009, alleging violations of customary international law, including slavery and involuntary servitude, child trafficking, forced child labor and cruel, inhuman and degrading treatment.

Thurgood Marshall U.S. Courthouse at 40 Foley Square

Immigrant Must Show Poverty to Gain Asylum, Circuit Rules

By Mark Hamblett |

An immigrant seeking asylum after being fined for resisting China's coercive population control program has to show the fine "actually deprived him of the basic necessities of life or reduced him to an impoverished existence" in asserting a claim of past persecution, the Second Circuit said Friday.

Judge Raymond Chen, U.S. Court of Appeals for the Federal Circuit

South Korea
Federal Circuit Toys With Remanding Part of Apple-Samsung Fight

By Scott Graham |

The Federal Circuit hears Samsung's appeal of Apple's nearly $1 billion trial verdict in the companies first showdown over the look and feel of their rival smartphones and tablets. Judges Chen, Prost and O'Malley are on the panel. Big issues is must Samsung disgorge all profits over design patents.

Robert Wick

Litigator of the Week: Robert Wick of Covington & Burling

By David Bario |

Wick twice persuaded the Seventh Circuit to throw out $3.5 billion in price-fixing claims against Asia-based LCD panel manufacturers, winning a decision last week with important implications for other foreign and U.S. companies.

Hiroshi Shimizu.

Takata Exec Defends Decision to Limit Air Bag Recall

By Andrew Ramonas |

In his second public appearance on Capitol Hill in three weeks, senior vice president for global quality assurance Hiroshi Shimizu told lawmakers that the most recent information his company has on the problem shows that the Japanese manufacturer doesn't need to expand recalls beyond the 7.8 million U.S. cars and trucks in the hot and humid climates of many Southern states.

Betsy Benjaminson.

Tentative Sanctions Against Translator in Toyota Probes

By Amanda Bronstad |

A federal judge has tentatively sanctioned a former translator and subcontractor for Toyota who posted dozens of confidential documents relating to its sudden-acceleration recalls on her blog.

Hiroshi Shimizu, senior vice president of Global Quality Assurance at Takata Corporation, during a U.S. Senate Committee on Commerce, Science, and Transportation hearing titled “Examining Takata Airbag Defects and the Vehicle Recall Process.” November 20, 2014.

Auto Companies Lawyer Up Amid Takata Investigations

By Amanda Bronstad |

Auto companies that recalled 7.8 million U.S. cars and trucks over exploding air bags linked to injuries and deaths have retained counsel amid mounting legal pressure.

Hiroshi Shimizu

Senators Want Takata Internal Documents on Air Bag Defect

By Andrew Ramonas |

Democratic Sens. Bill Nelson of Florida and Jay Rockefeller IV of West Virginia have demanded numerous internal documents from the Japanese auto parts maker about its deadly air bag safety defect, saying a top executive at Takata left them with "many significant questions" about the problem.

 Motley Rice attorney Kevin Dean

Wrongful Death Suit Over Air Bags Filed in Federal Court

By Amanda Bronstad |

The first known lawsuit in federal court over a death linked to Takata Corp.'s recalls has been filed by the brother of a South Carolina woman who died after her air bag deployed during an automobile accident in 2008.

Hiroshi Shimizu, Senior Vice President of Global Quality Assurance at Takata Corporation, answers questions during a U.S. Senate Committee on Commerce, Science, and Transportation hearing titled “Examining Takata Airbag Defects and the Vehicle Recall Process.”  November 20, 2014.

U.S. Senators Call on Takata to Probe Air Bag Defect

By Andrew Ramonas |

The Japanese auto parts company is under pressure by politicians to initiate an independent investigation into a deadly air bag safety defect, following a news report that it covered up the problem.

Andrew Levander (L), David Bernick (R)

Dechert's Lateral Hires Take Lead for Troubled Takata

By Brian Baxter |

The embattled Japanese auto parts company has retained a high-powered defense team from Dechert to handle a criminal probe, congressional inquiry and class action litigation related to a growing scandal into defective airbags.

Toyota Motor Corp.'s showroom in Tokyo.

Regulators Extend Takata Recall to Entire U.S.

By Amanda Bronstad |

The National Highway Traffic Safety Administration has announced a nationwide recall of cars and trucks with air bags made by the Japanese company. The recall, limited to vehicles with Takata air bags on the driver's side, came after an air bag ruptured in an incident outside a region of high humidity. The previous Takata recalls of 7.8 million vehicles were limited to those states in hot and humid climates.

Takata Called to Capitol Hill Over Air Bag Safety

By Andrew Ramonas |

Senators plan to put Takata Corp. under the microscope, holding a hearing on the Japanese company's air bag safety defect that allegedly caused five deaths and prompted a U.S. criminal investigation and class action lawsuits.

China, India, Russia
Are Your Brands Safe in China, India and Russia?

By Lisa Shuchman |

A company’s brands are among its most important assets. But a new survey shows that corporate executives and legal departments charged with protecting those assets consider their brands to be most vulnerable in China, India and Russia.

Malaysia, Singapore
Malaysia Won $1.2B Arbitration Against Singapore

By Anna Zhang |

The Southeast Asian neighbors both agreed to accept the decision and proceed with the development delayed for 20 years.

Three members of the Japanese Red Army undertook a terrorist attack on behalf of the Popular Front for the Liberation of Palestine at Tel Aviv’s Lod airport (now Ben Gurion International) on May 30, 1972.

North Korea, United States
Terror Victims Lose Bid to Recover Funds From No. Korea

By Mark Hamblett |

North Korea's removal from a list of state sponsors of terrorism while a case claiming it provided the weapons used in a 1972 attack was pending has led the Second Circuit to refuse to allow the attachment of $378 million in funds recovered in a default judgment.

Singapore, United Kingdom
From the Experts: Rule Revisions From 5 Top Global Arbitral Institutions

By Kiera Gans and Amy Billing |

in the last two years, four major international arbitral institutions—the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution and the Singapore International Arbitration Centre—have overhauled their procedures to try to improve functionality and make their institutions more attractive to users.

From the Experts: What to Do When the Chinese Government Comes Knocking

By Steve Olson and Bingna Guo |

Since becoming President and General Secretary of China's Communist Party in 2012, Xi Jinping has made fighting corruption—both in the government and in commerce—a national priority. As recent events demonstrate, a foreign passport will not deter Chinese authorities in their fight against corruption.

Shanghai, China

Knowles Evens Score in IP Fight With Chinese Rival

By Lisa Shuchman |

Amid claims that its client was unfairly bullied by protectionist Chinese courts, a team from Covington won a key victory at the U.S. International Trade Commission in an intercontinental patent feud involving mobile device technology.

US Reviewing India IP Practices, With Focus on Pharma

By Lisa Shuchman |

The Office of the U.S. Trade Representative has begun its “out-of-cycle review” of India’s intellectual property practices. Such a review could in theory lead to U.S. sanctions against India if the USTR concludes that India’s policies impede protection of intellectual property.

Philippines Broadcaster Prevails in Battle With Pirate

By Sheri Qualters |

ABS-CBN Corp. has secured a $10 million U.S. judgment against a copyright and trademark infringer as an early victory in a broader court campaign against Internet pirates.

Kyrgyzstan argued that Eugene Gourevitch stole $6 million from the republic.

Restitution Bid Fails in Wire Fraud Involving Kyrgyzstan

By Andrew Keshner |

In a wire fraud case against a onetime investment banker connected to a now-deposed regime in the central Asian nation of Kyrgyzstan, a judge has ruled the prosecution's inability to identify exactly who the money was stolen from has made the task of restitution impossible.

Wachtell Fends Off Class Action Sparked by Avon Bribes Flap in China

By Jan Wolfe |

Allegations that Avon bribed its way into the Chinese market sparked a massive internal probe and a criminal settlement. But a judge sent a proposed securities class action over the scandal back to the drawing board on Monday, dealing a defeat to plaintiffs lawyers at Motley Rice.

Royce Lamberth.

Exxon Loses Bid to Dismiss Human Rights Lawsuit

By Zoe Tillman |

Indonesian citizens suing Exxon Mobil Corp. over the deaths, injuries or disappearances of their family members—allegedly at the hands of soldiers hired by the oil company—can move forward with their case, a federal judge in Washington ruled on Wednesday. The lawsuit centers on Exxon’s development of a natural gas field in an Indonesian province beginning in the 1970s.

Asiana Flight 214 airplane after it crashed at the San Francisco International Airport in San Francisco.

South Korea
Settlement Talks Underway 'In Earnest' in Asiana Crash

By Amanda Bronstad |

Asiana Airlines Inc. is in talks to settle lawsuits filed by as many as 70 passengers of Flight 224, which crashed while landing at San Francisco International Airport last year. The July 6, 2013, crash killed three people and injured about 180.

Australia, Ireland
Big Tobacco Takes Aim at Plain Packaging Laws

By Lisa Shuchman |

As Ireland and other countries threaten to follow Australia in banning logos and other distinguishing marks from cigarette packages, tobacco companies fight back with trademark law.

Journalists follow the progress on a television screen of the trial of British investigator Peter Humphrey (center) linked to beleaguered pharmaceutical giant GSK and his wife, at the Shanghai Intermediate Court on August 8, 2014.

ChinaWhys Trial Underlines Due Diligence Obstacles in China

By Wenxiong Zhang |

International law firms often rely on corporate intelligence firms to investigate clients' Chinese business partners or third-party suppliers. Following the conviction of two corporate investigators, lawyers are concerned about new challenges to conducting due diligence in China.

Kazakhstan, Switzerland, United Kingdom, Argentina, Ecuador
Global Legal Awards: Global Disputes of the Year

The American Lawyer Global Disputes of the Year Awards honor the winning team in transnational cases regardless of the venue.

Xiang Wenbo, president of China's Sany Heavy Industry Co. Ltd., has been restlessly promoting the Ralls decision as a historical victory for Chinese companies.

Sany's Win Chips Away at CFIUS Secrecy. Now What?

By Anna Zhang |

When the U.S. government ordered a Sany affiliate to sell land near a U.S. Navy base because of national security concerns, Sany won an unprecedented ruling that CFIUS, the government body that reviewed the transaction, had denied the Chinese company due process. But plenty of obstacles remain for Sany's challenge.


Gore Details Al-Jazeera Dispute in New Filings

By Jeff Mordock |

Former U.S. Vice President Al Gore has alleged Al-Jazeera America Holdings Inc. is withholding $65 million owed to Current Media shareholders so it could wage legal battles against cable distributors, according to updated court papers filed in the Delaware Court of Chancery.

Chinese Court Acquits Four-Time Death-Row Inmate

By Anna Zhang |

Nian Bin was released immediately after Fujian Provincial High Court overturned a lower court’s guilty verdict of fatally poisoning two children.

Desert traverse

Auto Accident in Kuwait Leads to Jurisdictional Dispute

By Max Mitchell |

When Virginia resident Morgan Lee Hanks' Mitsubishi Pajero collided with the Dodge Durango driven by Pennsylvania native Brian Mark Patton, who died in the accident, the ensuing motor vehicle litigation was anything but ordinary.

Global Lawyer, Argentina
The Global Lawyer: Cleary's Litigation Slump

By Michael D. Goldhaber |

In the past six months Cleary Gottlieb Steen & Hamilton litigators have lost a string of historic cases. Powerful entities routinely ask Cleary to push the envelope in international law. Lately it hasn't worked out well.

US Federal District Judge Kevin McNulty, Martin Luther King Courthouse, Newark, NJ.

Judge Nixes Price-Fixing Suit Against Alleged Chinese Cartels

By Charles Toutant |

A $58 million antitrust suit, claiming Chinese companies conspired to fix prices for the mineral magnesite, was dismissed July 24 by a Newark federal judge who found that the plaintiffs lacked statutory standing to sue.

Tort Trouble Ahead?

By Anna Zhang |

A barrage of accounting fraud claims against Olympus Corp. may help set off a litigation boom in Japan.

Raymond Kwok (left) and Thomas Kwok, co-chairmen of Sun Hung Kai Properties Ltd.

China, Hong Kong
Will Antitycoon Mood Affect Hong Kong Trial?

By Anthony Lin |

Thomas and Raymond Kwok, two of Hong Kong's—and the world's—richest men, are going on trial May 8 for allegedly bribing a senior government official. It is the territory's largest corruption trial ever, and it's taking place amid a rising tide of resentment toward the billionaire developers who dominate the Hong Kong economic landscape. Will antitycoon sentiment show up in the courtroom?

South Korea
Google Lawyer Details Defense Pact With Samsung

By Julia Love, The Recorder |

Apple's trial team, led by Morrison & Foerster's Harold McElhinny, plays deposition testimony on Android indemnity agreement.

Mitsubishi Loses Appeal in Chip Design Case

By Scott Graham, The Recorder |

California's Sixth District Court of Appeal upheld a verdict against Mitsubishi Electric Inc. for breaching a non-disclosure agreement but agreed with a superior court judge that the $123 million awarded by jurors was excessive.