Michael C. Tu Partner, Securities Litigation, Class Actions and Shareholder Derivative Lawsuits, Complex Litigation & Dispute Resolution
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Michael Tu leads the firm's securities litigation practice in Southern California, with nearly 25 years of experience obtaining successful results for clients in stockholder litigation, regulatory investigations and proceedings, and mergers and acquisitions disputes under the federal and state securities laws. He provides practical and business-focused advice to business executives and boards on securities and corporate governance matters.
Michael is recognized as a leading trial lawyer who has successfully prosecuted and defended numerous trials to verdict in federal and state courts, and is among the few lawyers in the country who have defended a securities class action trial to verdict. That shareholder class action trial, which resulted in a complete defense verdict, was recognized as one of the "Top Defense Verdicts" in California by the Daily Journal.
In addition to his representation of clients in litigation disputes, he provides counsel to public and private companies regarding securities, corporate governance and disclosure issues, and has represented numerous board committees and accounting firms in connection with investigatory and litigation matters. He frequently advises multi-national companies and executives based in the United States, Asia and Europe with respect to business disputes and securities matters. His successful representation of clients in high-profile securities and corporate governance disputes has been widely reported in the media (Los Angeles Times, Wall Street Journal, New York Post, Hollywood Reporter, Variety, New York Times, Fortune, The Recorder), and he has been recognized as one of the "Most Influential Minority Attorneys in Los Angeles" by the Los Angeles Business Journal.
Michael has moderated and spoken at numerous events on securities law and corporate governance developments, including as a past faculty member of the Stanford Senior Executive Leadership Program, where he has taught business executives and leaders on subjects such as cross-border litigation, risk management and securities and accounting liability issues.
Michael serves as a member of the Board of Directors of the Constitutional Rights Foundation. He is a member of the Executive Committee of the Litigation Section of the Los Angeles County Bar Association, where he has served as the Court Alerts Editor, and as Co-Chair of the Federal Courts, Programs and Breakfast at the Bar Committees. He is also a member of the Board of Advisors of the monthly Securities Reform Act Litigation Reporter publication. He served as a Lawyer Representative for the Central District of California to the Ninth Circuit Judicial Conference from 2006-2009.
Beijing; New York
Beijing; New York
Jinsong (Jeff) Zhang, a partner in Orrick’s Beijing and New York offices, is a trusted advisor to international and Chinese investors and corporates on their transactional, regulatory and compliance matters. His work spans a variety of industries, including financial services, technology (automotive technology and mobility, life sciences, and Fintech), as well as energy and infrastructure.
Being recognized by Legal 500 Asia Pacific, clients have praised Jeff as a practitioner “who is dedicated to serving his clients and is able to leverage off the firm’s global network to provide services in specialized areas”.
Jeff’s practice focuses on China-related inbound and outbound mergers and acquisitions and private equity transactions. He has extensive experience with share and asset acquisitions, growth capital and buyout transactions as well as tender offers, privatizations, restructurings, spin-offs, strategic alliances and joint ventures.
In addition, Jeff advises multinationals, financial institutions and private equity funds on their general corporate, capital markets and regulatory compliance matters.
Prior to joining Orrick, Jeff was a partner at the New York office of an international law firm. Earlier in his career, Jeff practiced in New York, Hong Kong, and mainland China with two major international law firms, and also served as the Head of Legal and Compliance of the U.S. operations of a leading Chinese investment bank, where he gained tremendous experience in helping Chinese clients navigate regulatory and compliance issues in the U.S.
Jeff serves on the International Advisory Board of Duke Law School, where he was also appointed as a Senior Lecturing Fellow. In his leisure time, Jeff serves on a volunteer basis as the Chief Legal Officer of The Chinese Finance Association (TCFA), a non-profit professional organization headquartered in New York with more than 7,000 members globally.
Sarah (Ying) Zeng, a partner in Orrick’s Beijing office, is a member of the M&A and Private Equity Group. She has more than 25 years of corporate law experience serving Chinese state-owned enterprises (SOEs) and U.S. multinational companies.
Sarah’s practice focuses on China outbound M&A, foreign direct investment (FDI) transactions in China and other cross-border transactions with Chinese components. She has extensive experience in representing Chinese SOEs, private corporations and private equity funds, as well as multinational corporations in cross-border M&A transactions, including divestitures, joint ventures and FDIs.
Having served as general counsel of the Hong Kong-listed Weichai Power (China’s largest engine manufacturer), and the vice president and country manager (China) for El Paso Corporation (a Fortune 500 energy company), Sarah is uniquely positioned to provide clients with practical, specific and dynamic advice with her combined legal and business insights and in-depth knowledge in the energy, infrastructure and manufacturing sectors. During her time at El Paso Corporation, Sarah chaired the boards of four major power plants owned by the company in China for eight years.
Prior to joining Orrick, Sarah was a managing partner at Dentons’ Beijing office.
Scott Peterman, a partner in Orrick’s Hong Kong office, is a member of the M&A and Private Equity Group.
Scott focuses on representing private fund sponsors and investors in the formation of alternative investment vehicles, including pan-Asian private equity funds, venture capital funds, infrastructure and real estate funds, private REITs, hedge funds, hybrid funds, emerging manager platform funds, Hong Kong authorized funds, and emerging market ETFs. In addition, he has advised on more than 170 managed account arrangements, representing sovereign wealth funds, universities, seeding and first-loss capital programs, family offices, and individual investors.
Scott has extensive experience representing both Chinese state-owned enterprises and private companies in a broad range of M&A transactions, leveraged buyouts, venture capital financings, as well as relevant regulatory and compliance matters. He also counsels FinTech start-ups, develops compensation and profit-sharing schemes, and assists entrepreneurs in managing their wealth.
Scott offers clients a unique perspective with in-depth knowledge in the technology and telecommunications industries, having served for 13 years as a Silicon Valley senior executive prior to practicing law, including as Apple’s first country manager for China and Korea, director of Asia Pacific for Alcatel Data Networks and director of North American Corporate Development for Cable & Wireless.
Scott has been consistently recognized by various prestigious legal publications such as Chambers Asia, Asia-Pacific Legal 500, IFLR1000 and Who’s Who Legal. He gains high praise from clients for his “incredible base of knowledge”, “commercial acumen” and “awareness of what the client wants.” He is known as “a very experienced practitioner” with “unparalleled” expertise in “complex economic structures”. “Scott’s ability to understand what we wanted to accomplish and tailor-make our documents to our needs rather than giving us a ‘pre-hashed, cut-and-paste’ set of documents made him an unequivocal favourite,” a client noted. As an IFLR-designated “market leader,” Scott has been characterized as one of the “true leaders of their field,” with “a track record of high-profile innovative deals” and “recognized as the standout performers in their country or practice area.”
Scott’s personal research reflects his continuing interest in early Chinese Zen Buddhism. He is the translator of the Tang Dynasty classic, “Treatise on the Essential Path for Entering the Way through Sudden Enlightenment” and the Song Dynasty “Record of Dazhu’s Responses to Questions of Disciples from All Over.”
Prior to joining Orrick, Scott worked at Jones Day and Sidley Austin in Hong Kong, and practiced in the United States, United Kingdom, and Japan for many years.
Yufeng (Ethan) Ma, a partner and the chief representative in Orrick’s Shanghai office, has over 18 years of experience assisting clients in intellectual property (IP) related matters including IP litigation before the US International Trade Commission (ITC) and the US federal courts.
In addition to specializing in complex IP litigation relating to patent infringement, ITC 337 investigations, trade secrets misappropriation and unfair competition, Ethan has extensive experience advising clients on IP administrative disputes and reexamination, IP strategies, IP due diligence, and IP aspects of strategic transactions, including licensing or transfer, mergers and acquisitions, joint ventures and collaborations. His clients cover a wide range of industries, including medical devices, hardwares, softwares, internet, semiconductors, electronics, telecommunications, AI, automobile, chemical, materials, energy, etc. His recent clients include Baidu, Tencent, SMIC, JD.com, Bianlifeng, Shanghai Sansi Electronic Engineering, Yaham Optoelectronics, CreateLED Electronics, Coolpad, vivo, Shenzhen Howshow Technology, Huayi Mechanical and Electrical, Shenzhen INFiLED Electronics, Applied Materials, Synopsys, Carbon, Inc., etc.
Over the years, Ethan has represented dozens of Chinese companies in resolving their IP disputes in the U.S. Ethan and his litigation teams won a number of high-profile ITC investigations involving Chinese companies and earned clients’ long-term trust. In one investigation (337-TA-623), his clients are four subsidiaries of a large state-owned company in China, who were sued for patent infringement. The Commission reversed the late Chief Administrative Law Judge’s unfavorable decision and found that Ethan’s clients were not infringing and did not violate Section 337. In another investigation (337-TA-655), he represented the complainant and its subsidiaries in China suing a group of Chinese respondents for trade secret misappropriation. The ITC issued a 10-year exclusion order against these respondents. This landmark decision represents a new development of trade secret law and ITC jurisdiction in the U.S., and was upheld by the US Court of Appeals for the Federal Circuit. Since then, Ethan has won case after case on behalf of his clients, keeping his undefeated record to this day. He is also committed to resolving disputes in the most cost-effective and timely way. “Ethan always tries to resolve matters for clients at the lowest cost possible,” said a client who won a case as he recommended Ethan to his peers.
For instance, in 2017, Ethan successfully defended Shenzhen Howshow Technology against Kent Displays, Inc. in an ITC 337 investigation (337-TA-1035) involving alleged infringement of patents relating to liquid crystal e-writers and components. Orrick secured a complete victory for the client by forcing the complainant to unconditionally withdraw after four months of active litigation. The case was named “Deal of the Year 2017 – Disputes and Investigations” by China Business Law Journal.
In another case, Ethan successfully defended Shanghai Sansi Electronic Engineering Co., CreateLED Electronics Co., Yaham Optoelectronics Co. and other Chinese respondents against Ultravision Technologies in an ITC Section 337 investigation (337-TA-1114) filed on 27 March 2018 involving alleged infringement of patents relating to certain modular LED display panels and components. The complainant was forced to withdraw the complaint unconditionally during the expert discovery period in November 2018, which led to a final termination by the ITC on 21 February 2019.
Prior to joining Orrick, Ethan served as Director of IP, Asia of a world leader in specialty glass and ceramics, where he was in charge of the company’s daily IP matters in China and throughout Asia. Before that, he was a partner and member of the Board at McAndrews, Held & Malloy in Chicago, Illinois. Ethan was the first non-US born lawyer of that firm.
In the past 18 years, Ethan has been committed to building bridges and facilitating understanding between China and the US on IP protection and exchange. In addition to being a frequent speaker at various seminars and conferences in China and the US, Ethan regularly publishes articles and has been interviewed by numerous media. He served as a committee member of the Asian Legal Committee of Intellectual Property Owners Association (IPO) for many years.
Ethan is also actively involved in the “One Belt One Road” and “Going Out” initiatives led by the PRC government and non-profit organizations. He participated in Shanghai Municipal Commission of Commerce’s “Going Overseas Service Portal” project in 2019, and acts as a special advisor to Wisdom IP - Overseas Intellectual Property Alliance (WIPA), Nanjing, Jiangsu.
Beijing; New York
Dr. Xiang Wang is the Co-Chair of Orrick’s Global Advisory Board, Partner in Charge for Asia and the head of China IP practice, splitting his time between three offices: Shanghai, New York and Beijing, where he is the Managing Partner.
Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S., China and Asia, including IP litigation and arbitration, patent, copyright and trademark infringements, Section 337 U.S. International Trade Commission (ITC) investigations, patent office proceedings including inter partes reviews (IPR), IP due diligence and portfolio counseling, industrial espionage, trade secrets misappropriation, mass torts and product liability, securities litigation, the Foreign Corrupt Practices Act (FCPA), technology export control, the Alien Tort Statute (ATCA) and the Racketeer Influenced and Corrupt Organizations Act (RICO) investigations and compliance. These matters have implicated a vast array of technologies, from software and electronics to renewable energy and medical devices as well as agricultural and building materials, to name just a few. Xiang also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center. Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to the in-depth understanding of their business needs and political risks, and appreciate that he “understood the environment in the China legal system and can give nuanced advice”.
Xiang has developed the region’s premier IP practice based on his reputation as one of the few IP lawyers who has a doctorate in electrical and computer engineering, a Chinese Certificate of Laws and admission to practice law in New York, Indiana and before the U.S. Patent and Trademark Office. Due to its success in patent disputes in the U.S. and China, involving both foreign and Chinese companies, Orrick IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).
Xiang is highly regarded for his practical legal advice that results from more than 10 years of experience at medical and electronic device businesses before becoming a lawyer. He also has received four U.S. medical-technology patents in his name.
Yaoli (Shelley) Zhang, a partner in Orrick’s Beijing office, is a member of the Intellectual Property Group. Her practice focuses on IP prosecution and enforcement. Shelley has extensive experience in patents, trademarks, domain names, copyrights and trade secrets.
Shelley's related IP experience includes the following:
Sook Young Yeu is the Office Leader of Orrick’s Hong Kong office and a member of the M&A and Private Equity Group.
Sook focuses her practice on corporate and securities matters in connection with the establishment of private investment funds and ongoing representation of investment funds, fund managers, fund sponsors and fund investors. This includes private equity and venture capital investment, along with related mergers and acquisitions, corporate restructurings, and public and private securities offerings throughout the Asia-Pacific region.
During the last 30 years, Sook has advised Asian institutional investors investing in U.S., European and Asian private funds, as well as Asian private equity and venture capital funds sponsored by U.S., European and Asian financial institutions, and Asian hedge funds managed by independent fund managers. Her extensive experience covers virtually every type of fund, including private equity funds, venture capital funds, real estate investment funds, hedge funds, buyout funds, mezzanine funds, funds-of-funds, co-investment funds and restructuring funds.
Sook has served as the administrative partner in charge of Orrick’s Hong Kong office since 2005. Before joining Orrick, she was a partner of Coudert Brothers and the partner in charge of its Hong Kong office responsible for the firm’s Asian Investment Management Practice.
Erica Chong, a partner in Orrick’s Hong Kong office, is a member of the Complex Litigation and Dispute Resolution Group. She is a commercial litigator with 10-year experience in complex commercial disputes, international arbitration, corporate investigation and employment matters.
Her expertise includes advising international and regional clients on high-value commercial disputes arising from breach of contract, employment, negligence, breach of fiduciary duty and business torts, cross-border fraud and asset tracing claims, and insolvency, professional negligence, product liability, corporate compliance and antitrust issues. She also has significant experience in enforcement actions, arbitrations under the HKIAC, UNCITRAL and ICC Rules, as well as FCPA and SFC investigations.
Erica serves as Secretary to the Committee on Arbitration and ADR of the International Chamber of Commerce (ICC) - Hong Kong and is ICC Young Arbitrators Forum’s Regional Representative for North Asia.
Jeremy Peterman is a member of Orrick's Litigation Group and Supreme Court and Appellate practice.
Jeremy’s work spans a number of subject areas, including intellectual property, administrative law, securities, and criminal law. He has represented leading technology companies before the Federal Circuit and the Supreme Court. He also maintains an active pro bono practice in Courts of Appeals and in the New York Appellate Division.
Prior to joining Orrick, Jeremy served as a law clerk to Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit and to Judge David Hamilton of the U.S. Court of Appeals for the Seventh Circuit.
Silicon Valley; San Francisco
Silicon Valley; San Francisco
Richard Vernon Smith, a partner in our Silicon Valley and San Francisco offices and a member of our Global Mergers & Acquisitions and Private Equity Group, has over 35 years of experience in the areas of mergers and acquisitions, securities law and corporate law.
Richard has advised on more than 500 M&A transactions and has represented clients in all aspects of mergers and acquisitions transactions involving public and private companies, including negotiated mergers, auction bid processes, cross-border transactions, distressed asset sales (including 363 sales), leveraged buyouts, tender offers and exchange offers, going private transactions, mergers of equals transactions, going dark transactions, hostile takeovers, proxy contests, takeover and activist defense, purchases and sales of divisions and subsidiaries and joint ventures.
Richard also has represented clients in a wide range of SEC-registered, underwritten and privately placed stock and debt offerings, and he has assisted companies in connection with issuer tender offers (both equity and debt), recapitalizations, restructurings and rights offerings. He regularly represents clients in the preparation and filing of periodic SEC reports, proxy statements and Williams Act reports. He also assists clients in compliance with the Dodd-Frank Act of 2010 and Sarbanes-Oxley Act of 2002; Section 16 of the Securities Exchange Act of 1934; real time disclosure compliance; sales of restricted securities and sales of securities by insiders; disclosure issues, including with respect to Rule 10b-5 and Regulation FD; and NYSE/NASDAQ rule compliance and inquiries.