Asian Disputes

China
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

China
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

China
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.

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.

China
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.

China
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

China
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

China
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
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.

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.

Malaysia
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.

China
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.

China
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

China
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.

China
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.

China
Key Lessons for GCs From Two FCPA Cases

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

India
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.

Malaysia
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

Australia
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.

China
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.

Australia
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.

Lolloj/iStockphoto

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.

China
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.

India
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.

China
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.

Kazakhstan
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

China
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)

China
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

China
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.

Japan
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

Mongolia
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.

Singapore
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

Singapore
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.

Japan
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.

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.

China
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.

India
SEC Action Recommended in Alleged Cadbury Bribery

It was a not so sweet day for Mondelēz International Inc., the maker of Oreo cookies. The company says federal investigators have recommended enforcement action against it for alleged bribes paid over operations in India that were bought from Cadbury.

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

Uzbekistan
Vimpelcom’s FCPA Settlement is One of the Largest Ever

The Dutch telecommunications giant VimpelCom agreed Thursday to pay $795 million to resolve U.S. and Dutch charges that it bribed government officials in Uzbekistan to win business.

U.S. Department of Justice

Kazakhstan
Expert Analysis: Feds Expand Strategy to Trace Bribery Funds

Recent anti-kleptocracy cases highlight the Justice Department's new approach to fighting corruption.

Douglas Lumish, Latham & Watkins partner

China
Biotech Company Accuses Chinese Rival of Stealing Materials

Codexis, represented by Latham & Watkins partner Douglas Lumish, alleges that EnzymeWorks' CEO gained access to sensitive biomaterials while working for Pfizer.

China
Experts: Product Development in China Can Lead to 'Disaster'

U.S. companies, particularly startups, often fail to protect their IP through product development agreements when they outsource product development in China. This is a “big mistake,” according to a recent blog post by attorneys at Harris & Moure.

Thomas A. Dickerson and Sheri S. Roman

China
Expert Analysis: The Risky Business of Providing Student Travel Programs

Thomas A. Dickerson and Sheri S. Roman review cases involving students injured or killed while traveling abroad and the liability of the program organizers, including the claims of a student whose school failed to warn her of the risk of insect-borne disease in China, a complaint brought by the family of a student who died after a fall during a wilderness expedition in the Himalayas, and more.

India
Pharma Companies Slam India's 'Weak' IP Laws

The Pharmaceutical Research and Manufacturers of America, a group that represents leading pharma and biotech companies in the U.S., says India has created “impermissible hurdles to patentability” in its patent laws.

Kazakhstan
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.

Crowell & Moring's Michael Songer flew to Korea with videographers in tow.

China
Case Study: How To Catch an IP Thief

Lawyers for DuPont and the Justice Department teamed up to protect Kevlar, the iconic body armor—and redefined trade secrets law.

China
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.

China
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
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

China
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.

China
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.

China
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.

China
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.

China
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.

Pakistan
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.

India
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

China
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.

Philippines
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

China
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.

China
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.

China
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.

China
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.

China
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.

China
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.

China
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.

China
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.