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.
Mr. Xu’s recent experience includes:
- Conducting an internal investigation into potential FCPA violations for the audit committee of a China-based US-listed company and representing it before the US Securities and Exchange Commission and Nasdaq
- Conducting an export controls / financial sanctions investigation on a global financial institution before the US Department of Justice (DOJ)
- Performing FCPA / export controls / anti-money laundering compliance due diligence and providing legal advice in connection with a number of high-profile transactions
- Advising a number of multinational companies on compliance with China Network Security Law and data privacy issues
- Counseling a US internet company on designing a tailored compliance policy for its China WFOE
- Conducting an internal investigation on behalf of a global engineering firm related to bribery allegations for a China-based project financed by the World Bank*
- 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 US flooring company into the product safety allegations made by the US media (in parallel to investigations led by US DOJ)*
- 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 US Attorney’s Offices for the District of New Hampshire and the District of South Carolina*
*Matter handled prior to joining Latham