Asia Practice

Our professionals have assisted clients in the following selected representative matters:

Cross-Border M&A and Corporate

• Represented a Chinese state-owned enterprise to complete Hart-Scott-Rodino Antitrust Improvements Act (HSR) analyses for a deal involving a U.S. target.
• Advising a U.S. private equity fund manager in connection with transfer pricing issues relating to certain services and cost reimbursements relating to a Chinese investment advisory structure.
• Advised a global private equity fund on structuring, as well as the U.S. tax implications of, an exit from an investment in China, including U.S. foreign tax credit implications.
• Represented a Japanese pharmaceutical company’s acquisition of a U.S. target, spearheaded due diligence efforts and negotiation on terms and conditions and indemnification clauses, and cleared the Committee on Foreign Investment in the United States (CFIUS) and HSR regulatory filings for the deal.
• Counseled a Japanese electronics manufacturers on U.S. market entry, cross-border M&A and export control compliance.
• Assisted a Japanese technology companies in structuring U.S. operations, managing data privacy risks and resolving IP disputes.
• Advised a U.S. space launch services company on the impacts of its acquisition by a Japanese firm, including CFIUS national security review, export controls, Foreign Ownership Control and Influence mitigation and Buy American laws.
• Served as lead corporate and acquisitions counsel to an Indian pharmaceutical company in connection with acquisitions of U.S. pharmaceutical distribution and manufacturing businesses.
• Advising a U.S. private equity fund manager in connection with the unwinding of a Korean fund.
• Advised a global food processing and commodities trading corporation on several joint ventures, including a multibillion-dollar pan-Asian commodity trading structure.
• Created a restructuring and entity simplification plan for a U.S. multinational with respect to its non-U.S. holdings in China, Mexico and the Netherlands.

Regulatory Investigations and Cross-Border Compliance

• Represented a senior executive of a large Chinese telecommunications company in a grand jury investigation in Dallas on alleged sanctions law violation; obtained a favorable outcome for the executive.
• Represented Chinese companies in BIS investigations of alleged trade sanctions violations.
• Advised multiple Japanese clients in the air cargo industry in navigating U.S. regulatory investigations and compliance obligations.
• Designed and implemented U.S. court-mandated compliance programs for international firms located in Japan.
• Represent an Indian executive in a matter involving Foreign Corrupt Practices Act.
• Represented a Japanese container carrier in internal investigation related to successful amnesty application.

Antitrust and Competition

• Representing a Japanese cargo airline in a cartel investigation and a related private multidistrict antitrust litigation.
• Representing a Japanese freight forwarder in a cartel investigation and related private antitrust class action suits.
• Represented Japan’s largest ocean carrier in a high-profile cartel investigation and follow-on class actions.

Trade Remedies and Policy

• Won unanimous negative injury determinations at the U.S. International Trade Commission in antidumping and countervailing duty investigations involving drains imported from China.
• Evaluated preferential treatment under various international trade agreements, including the United States-Mexico-Canada Agreement and United States-Korea Free Trade Agreement.

Litigation and Dispute Resolution

• Defended a Chinese state-owned enterprise in a patent infringement lawsuit in Northern District of California; obtained favorable outcome based on jurisdictional challenge.
• Represented two Japanese shipping companies in an ad hoc arbitration asserted by one of the largest automobile companies in the world, relating to allegations that our clients overcharged them for roll-on/roll-off cargo services and allegations of antitrust violations.
• Selected by the U.S. Bankruptcy Court in the Southern District of New York to conduct an intensive 120-day examination to determine the nature and relationship of select U.S.-based entities to the Punjab National Bank diamond fraud – the largest bank fraud in the history of India, according to The Wall Street Journal.
• Represent an India manufacturing powerhouse in connection with 1782 applications and collection matters.
• Representing subsidiaries of Malaysian State oil company Petronas in U.S. discovery proceedings under Section 1782 related to potential enforcement of an international arbitration award.
• Prosecuted claims of a Malaysian manufacturer of pipeline equipment in an ICDR arbitration against a U.S. energy company for the breach of a long-term supply contract; the complex matter involved U.S. governmental regulatory issues as well as technical disputes over manufacturing standards.
• Represented a U.S. corporation in ICC proceedings against a Korean company in arbitration seated in Seoul.
• Defended a world-leading electronic cigarette manufacturer in patent infringement action brought by an international competitor; obtained favorable outcome after mediation.
• Representing the court-appointed receiver in a high-profile case concerning the recovery of cryptocurrency assets worth tens of millions of dollars that were misappropriated in wide-scale fraud spanning numerous countries in Asia and the Caribbean.
• Defended a large oil and gas equipment manufacturing company from claims of fraud, breach of contract, breach of warranty and negligence resulting from a broken deep-water riser while the plaintiffs were conducting drilling operations in the South China Sea; the case was settled on terms favorable to the client.
• Represented a multinational Japanese automobile parts company in  private class actions following cartel case.

Employment/Governance/Private Client

• Represented large Chinese pharmaceutical companies in their labor employment matters across multiple states.
• Represented high-net-worth Asian families on estate and legacy planning.

Training and Crisis Response

• Regularly perform compliance and crisis response training at the U.S. subsidiaries of Asian companies.