Hui Xu

Mr. Xu’s representative experience includes representing:

Litigation

IP Litigation

• Ace Battery in the US District Court for the District of Northern Illinois regarding allegations of trade secret misappropriation under the Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA)
• The China Subsidiaries of A.O. Smith in a technical secrets misappropriation case
• Shenzhen Senior Technology Material and its (US) Research Institute on an IP infringement and misappropriation of trade secret case filed in the US Federal District Court for the Northern District of California; Celgard alleged that Shenzhen Senior Technology Material misappropriated trade secrets regarding ceramic coated and polypropylene separators and infringed Celgard’s patents

Complex Commercial Litigation

• An overseas investment platform of a major Chinese financial institution in its legal proceedings in California, and advising on US export control and national security review issues
• HollySys Automation Technologies Ltd (HollySys), a leading provider of automation and control technologies in China, on a significant win in a dispute filed by the company’s former CEO and Chairman, together with another company under his control, in British Virgin Islands (BVI), as well as advice to protect the company and its shareholders from opportunistic unsolicited takeover approaches
• Sinovac Biotech on its successful defense against dissident shareholders in litigation proceedings arising from dispute over control of the company, including a victory in a trial in the Antigua High Court and the Antigua appellate court 
• Sinovac Biotech’s board in a number of proceedings in Massachusetts, Delaware, Hong Kong, and Beijing with dissident shareholders

Government Investigation & Enforcement

• A Chinese robotics manufacturer on two antitrust investigations in Germany and Austria; successfully persuading the authorities to drop the respective investigation on resale price maintenance in Germany and Austria
• A NASDAQ-listed Chinese life science company’s audit committee in investigations into alleged bribery schemes by the company’s founder and salesperson, and in parallel SEC and DOJ investigations; the SEC and DOJ closed their investigations without taking any actions against the company or any individual
• The audit committee of a China-based US-listed company regarding a short selling report, and responses to SEC inquiries
• A major Chinese state-owned company in response to a number of statutory notices for documents and information issued by the Hong Kong Securities and Futures Commission (SFC)
• The board of a China-based unicorn in the shared space industry
• A US-based global Top 500 home appliance company with US security class action as background

Compliance

Data Privacy

• Multinational companies on compliance with China Network Security Law and data privacy issues 

FCPA

• A Chinese biopharma company on day-to-day anti-corruption and anti-bribery compliance issues, and anti-corruption compliance due diligence with its partners
• A Chinese clinic group on pre-IPO anti-bribery compliance issues, as well as drafting and implementing compliance and internal control policies
• FCPA/export controls/anti-money laundering compliance due diligence and providing legal advice in connection with a number of high-profile transactions
• The audit committee of a China-based US-listed company before the US SEC and Nasdaq

Sanctions & Export Control 

• A subsidiary of China COSCO Shipping in its efforts to lift sanctions imposed by the US Department of State and US Treasury Department’s Office of Foreign Assets Control (OFAC) — the most significant sanctions removal success in 2019-2020
• A Chinese leading internet unicorn in conducting FCPA and export control risk assessments and crafting related compliance policy and training materials
• A global financial institution before the US DOJ on export controls/financial sanctions
• A global oil and gas services company, conducting an internal investigation and representing in relation to the DOJ’s investigation of alleged violations of US export control regulations
• An international financial institution regarding a DOJ investigation resulting from a reported violation of US economy sanctions
• A leading global telecommunication manufacturer on export control and sanction issues, and drafting compliance policies and guidelines 

Diligence

• A leading Chinese internet unicorn in conducting pre-IPO anticorruption and economic sanctions risk assessment and constructing compliance system and drafting policies