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 over 15 years of experience in conducting sensitive internal investigations for Chinese corporations and 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:
- Representing 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. Also representing the board of directors of Sinovac Biotech in a number of proceedings in Massachusetts, Delaware, Hong Kong, and Beijing with dissident shareholders.
- Representing 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 currently under his control, in British Virgin Islands (BVI), as well as advice to protect the company and its shareholders from opportunistic unsolicited takeover approaches.
- Representing 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.
- Representing a Chinese robotics manufacturer on two anti-trust investigations in Germany and Austria, successfully persuading the authorities to drop the respective investigation on resale price maintenance in Germany and Austria.
- 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 DOJ investigations. The SEC and DOJ closed their investigations without taking any actions against the company or any individual.
- Conducting independent internal investigation for the Audit Committee of a China based US listed company regarding the short selling report, and assisting it to respond to SEC inquiries.
- Conducting internal investigation authorized by the Board of a China based unicorn in the shared space industry.
- Conducting internal investigation for a US-based worldwide Top 500 home appliance company with US security class action as background.
- Representing a major Chinese state-owned company on responding to a number of statutory notices for documents and information issued by the Hong Kong Securities and Futures Commission (SFC).
- Advising a China leading internet unicorn in conducting pre-IPO anticorruption and economic sanctions risk assessment and constructing compliance system and drafting policies.
- Representing an overseas investment platform of a major Chinese financial institution on its legal proceedings in California, and advising them on US export control and national security review issues.
- Counselling a world top telecommunication manufacturer on export control and sanction issues, and the drafting of compliance policies and guidelines.
- Conducting an export controls/financial sanctions investigation on a global financial institution before the US DOJ.
- Conducting an internal investigation resulting from reported violation of US economy sanctions for an international financial institution and counselling it on a DOJ investigation.
- Conducting an internal investigation on the alleged violation of US export control regulations for a global oil and gas service company and DOJ's investigation.
- Representing 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.
- Advising a China leading internet unicorn in conducting FCPA and export control risk assessment and crafting related compliance policy and training materials.
- Advising a Chinese clinic group on pre-IPO anti-bribery compliance issues, and the drafting and implementation of compliance and internal control policies.
- Advising a Chinese Biopharma company on day-to-day anti-corruption and anti-bribery compliance issues, and anti-corruption compliance due diligence with its partners.
- 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 SEC and Nasdaq.
- 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.