Asian Disputes

Japan and China: New Data Protection and Transfer Laws Imminent in Asia Pacific

By Kate Chan, KrolLDiscovery |

Even as legal technology professionals prepare for the EU GDPR, do not disregard important data transfer and protection changes afoot in Asia.

Expert Analysis: Enforcing Foreign Arbitral Awards Against Foreign Corporations Registered to Do Business in New York

By Henry Weisburg, Christopher Ryan and Daniel Purisch |

Henry Weisburg, Christopher Ryan and Daniel Purisch of Shearman & Sterling discuss the Second Circuit's 2016 decision in Brown v. Lockheed Martin, which provides guidance as to how the principles established in the Daimler precedent should be applied to business registration statutes and illustrates why New York courts should not be able to exercise personal jurisdiction over an award debtor solely on the basis of business registration.

Left to right: Daniel Pascucci and Joseph Dunn Mintz Levin

When Hiding Assets Doesn’t Work: How Mintz Levin Recovered $20M for Cheated Client

By Jenna Greene |

Winning is great—but not if your client can’t collect. Faced with a defendant who tried just about every trick to hide assets, including a bankruptcy filing, off-shore fund maneuvering and dissolution of the business, a team from Mintz Levin Cohn Ferris Glovsky and Popeo wouldn’t take no for an answer.

Canadian Companies Raise Cybersecurity Concerns Regarding New China Law

By Ed Silverstein |

A government spokesperson says Canadian businesses have expressed concerns over how they may be affected by China’s recent cybersecurity law.

U.S. Justice Department

US Implicates In-House Lawyers at China's ZTE in Sanctions Case

By Sue Reisinger |

Inside the billion-dollar plea agreement between the U.S. government and the Chinese telecom giant ZTE Corp. sits a tale of lawyers gone bad. And at least one who didn't. U.S. authorities pointed fingers at in-house lawyers for their alleged roles in a scheme to violate trade sanctions.

Target Corp. is among the retailers that received letters from the New York attorney general's office requesting information on their on-call practices for employees.

Target Corp. Puts FTC's 'Made in USA' Claims to Bed

By C. Ryan Barber |

Federal trade regulators have dropped their investigation into Target Corp. over pillows that were advertised as "Made in USA" but were, in fact, manufactured in China. Target pulled the mislabeled products from store shelves, corrected the country-of-origin information for its own-branded pillows and took steps to prevent further consumer deception.

Melbourne, Australia

Court Imposes Restrictions on Ex-Herbert Smith Freehills Partners Poached by White & Case in Australia

By Anna Zhang, Asian Lawyer, with Legal Week Staff |

Eight partners who quit Herbert Smith Freehills last year to launch White & Case’s new Australia practice will be unable to solicit clients or staff from their former firm until September, according to a decision handed down in the Australian courts earlier today.

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.

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

By Jason Lohr, Hogan Lovells |

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

By David Gialanella |

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?

By Michael D. Goldhaber, The Global Lawyer |

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

By Ben Hancock |

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

By Ricci Dipshan |

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

By Michael D. Goldhaber / The Global Lawyer |

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?

By Christine Simmons |

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

By Ben Hancock |

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

By P.J. D'Annunzio |

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

By Jenna Greene |

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

By Mark Hamblett |

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

By Jenna Greene |

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

By Sue Reisinger |

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

By Michael D. Goldhaber |

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?

By Thomas McCarthy and Hal Shapiro |

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

By Shepard Goldfein and James Keyte |

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

By Jenna Greene |

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

By Ryan McConnell and Stephanie Bustamante |

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

By Michael D. Goldhaber |

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

By Corinne Ball |

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

By Ricci Dipshan |

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

By Sue Reisinger and Ed Silverstein |

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

By Amanda Bronstad |

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

By John Council |

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.