Hui Xu

  • Partner
  • Ehui.xu@lw.com
  • Unit 2318, China World Trade Office 2
  • 1 Jian Guo Men Wai Avenue
  • Beijing 100004
  • People's Republic of China
  • T +86.10.5965.7006
  •  
 

Profile

Hui Xu, Chair of Latham & Watkins’ Litigation & Trial Department in Asia, represents clients in multi-jurisdictional white collar investigations and litigation.

Mr. Xu regularly advises Chinese and global clients in the areas of FCPA and Chinese bribery laws, export controls and financial sanctions, data privacy and network security, anti-money laundering, and antitrust. Mr. Xu also assists clients in presenting findings to and negotiating settlements with the regulators in the US and China as well as international public organizations like the World Bank.

Mr. Xu has more than a decade of experience in conducting sensitive internal investigations for multinational companies, performing compliance diligence for complex transactions, undertaking risk assessments for companies operating in high risk regions, and designing global compliance programs.

Mr. Xu is regularly invited by clients to present bilingual compliance training for senior executives and to legal compliance functions, and provide advice on compliance with the FCPA, Chinese bribery laws, data privacy, network security, and OFAC/sanctions. His expertise spans a number of sectors including telecommunication, pharmaceutical, life sciences, high-tech, financial institutions, media/entertainment, manufacturing, retail, and trade associations.

Prior to private practice, Mr. Xu was a member of the in-house legal department at the China Chamber of Commerce under the Ministry of Commerce of China, where he handled trade remedy, intellectual property, and World Trade Organization matters.

Experience

Mr. Xu’s recent experience includes:

  • Advising COSCO Shipping in connection with the successful removal of its subsidiary and executive from designation of the “SDN” list by US Department of State and OFAC
  • Conducting an audit committee investigations into the alleged bribery schemes by the founder and salesperson of a Chinese life science company listed in NASDAQ in parallel to the SEC and US Department of Justice (DOJ) investigations. The SEC and DOJ closed their investigations without taking any actions against the company or any individual
  • Advising a China-based leading electronic device manufacturer in connection with an anti-trust enforcement action in a EU member state. The antitrust authority of the EU state decided not to pursue further investigation and closed the case
  • Advising a China-based world-leading social media unicorn in conducting anticorruption and economic sanctions risk assessment and constructing compliance system and drafting policies
  • Conducting an internal investigation for the board of directors of a China-headquartered internet unicorn into the alleged undisclosed related party transaction between the founder and an investor
  • Conducting internal investigation for a US-based worldwide top 500 home appliance company into the alleged dealings between the senior executives and a third party
  • Representing an overseas investment platform of a major Chinese financial institution on the “RICO” claims filed the US Federal District Court for the Central District of California and advising on related US export control and national security issues
  • Performing a comprehensive risk assessment for a top three Chinese telecommunications provider in the areas of anti-bribery, export controls, economic sanctions, and national security
  • Advising a world top five smart phone maker in designing and devising export controls and sanctions compliance program
  • Conducting an export controls / financial sanctions investigation on a global financial institution before the DOJ
  • Performing FCPA / export controls / anti-money laundering compliance due diligence and providing legal advice in connection with a number of high-profile transactions led by private equity firms
  • Advising a number of multinational companies on compliance with China Network Security Law and data privacy issues

Thought Leadership

  • China Issues Draft Data Security Law for Public Comment -  August 14, 2020
  • Caring for the CARES Act: The New Oversight and Investigations Landscape for COVID-19 Relief Programs -  April 20, 2020
  • Global Legal Insights: Bribery & Corruption, 7th Edition – China -  March 10, 2020
  • US Treasury Department Publishes Proposed Regulations to Implement FIRRMA: 10 Key Questions Answered -  September 26, 2019
  • China’s SASAC Releases Guidance on Compliance Management for Central Stated-Owned Enterprises -  December 18, 2018
  • Global Legal Insights: Bribery & Corruption, 6th Edition – China -  December 13, 2018
  • New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review -  August 13, 2018
  • SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws -  June 29, 2018
  • CFIUS and Chinese Investments in the United States — A Closed Door? (English) -  June 04, 2018
  • CFIUS and Chinese Investments in the United States — A Closed Door? -  June 04, 2018
  • China’s Newly Amended Anti-Unfair Competition Law Changes the Rules of the Game -  March 21, 2018
  • Global Legal Insights: Bribery & Corruption, 5th Edition – China -  December 07, 2017
  • Significant Revisions to China’s Commercial Bribery Law  -  November 10, 2017
  • China’s New Network Security Law May Affect Operations Inside and Outside China: Are you ready? -  October 20, 2017
  • China Further Revised Commercial Bribery Law in the Latest Draft Amendments to Anti-Unfair Competition Law -  September 22, 2017
  • Chinese Judicial Authorities Issue Interpretation on Criminal Liability for Misuse of Personal Information  -  May 31, 2017
  • PRC’s General Provisions of the Civil Law Enhance Personal Information Right and Data Protection -  April 26, 2017
  • China Publishes Draft Measures Restricting Outbound Data Transfers -  April 14, 2017
  • China’s MOFCOM Announces First-Ever Gun-Jumping Penalty in a Transaction Not Involving a Chinese Company -  January 09, 2017
  • Global Legal Insights: Bribery & Corruption, 4th Edition – China -  November 23, 2016
  • China Issues Its First Network Security Law  -  November 21, 2016
Recognized as a Compliance MVPLaw360 2020
Bar Qualification
  • District of Columbia
Education
  • LLM, Georgetown University Law Center, 2010
  • LLM, New York University School of Law, 2005
  • LL.B., Renmin University of China, 2001
Industries
  • Healthcare & Life Sciences
  • Technology
Practices
  • Communications Law
  • White Collar Defense & Investigations
  • Litigation & Trial Practice
  • Antitrust & Competition
  • Securities Litigation & Professional Liability
  • Product Liability, Mass Torts & Consumer Class Actions
  • Export Controls, Economic Sanctions & Customs