Hui Xu is a partner in the Shanghai office of Latham & Watkins and a member of the Litigation & Trial Department.
Mr. Xu’s practice focuses on advising clients in multi-jurisdictional white collar investigations and litigations, in the areas of FCPA and Chinese bribery laws, antitrust, export controls, financial crimes, securities fraud and environment. Mr. Xu also assists clients in presenting findings to and negotiating settlements with the regulators in the US and China.
Mr. Xu has over 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 and Chinese bribery laws. His expertise spans a number of sectors including pharmaceutical, life sciences, high-tech, financial institutions, media/entertainment, manufacturing, retail and trade associations.
In addition, Mr. Xu has experience advising on CFIUS reviews, international trade – including anti-dumping and countervailing duty investigations and WTO disputes – Section 337 investigations, and antitrust matters. He has represented Chinese companies and Chinese government agencies in complying with US regulatory mandates and in defense of litigation.
Before joining Latham, Mr. Xu worked in the Washington DC-headquartered offices of two premier US law firms for many years.
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, where he handled trade remedy, intellectual property and WTO matters.
Mr. Xu's recent experience includes:
- Conducting an internal investigation on behalf of a global high tech company after Chinese authorities sought information about the company’s connections with third parties affiliated with senior Chinese officials*
- Conducting an internal investigation for a major U.S. flooring company into the product safety allegations made by the U.S media (in parallel to investigations led by U.S. regulators)*
- Conducting multiple internal investigations for a global pharmaceutical company related to accusations by China local Administrations of Industry and Commerce that their sales practices violated PRC commercial bribery laws*
- Conducting an internal global investigation for a multinational direct selling company into allegations in Asia, Africa, Europe, and Latin America*
- Undertaking risk assessment for a global pharmaceutical company of its China operations, including transaction testing and interviews with several dozen employees to assess company policies and procedures in the wake of the GSK China investigation*
- Performing FCPA compliance due diligence for a global animal healthcare company in acquiring minority shares of a China-based and Hong Kong-listed animal drug company*
- Undertaking FCPA compliance diligence for a global cosmetic company on all China-based distributors as part of restructuring its distribution channel in China*
- Representing an exporter in a criminal matter prosecuted by the U.S. Attorney’s Offices for the District of New Hampshire and the District of South Carolina*
- Representing the Ministry of Commerce of China in three countervailing duty investigations on Light-walled Rectangular Steel Pipes, Citric Acid and Tow-behind Lawn Groomer*
- Advising the largest Chinese telecom manufacturing company on the CFIUS review for a potential acquisition of an Fortune 500 company*
*Matter handled prior to joining the firm