People

Yufeng (Ethan) Ma Partner

Beijing; Chicago

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, Micro-Tech, Vivo, Coolpad, Anker, OnePlus, Govee, LANHE, Lovense, Zhejiang Rongpeng, Sansi Electronic Engineering, Yaham Optoelectronics, CreateLED Electronics, Howshow Technology, Huayi Mechanical and Electrical, INFiLED Electronics, Applied Materials, Synopsys, Coilcaft, Hecate, 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. 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 Sansi Electronic Engineering, CreateLED Electronics, Yaham Optoelectronics. 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 20 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, and acts as an expert of Shenzhen Overseas IP Protection and Assistance Expert Pool, a special advisor to Wisdom IP - Overseas Intellectual Property Alliance (WIPA), Nanjing, Jiangsu, an expert in Nanjing Overseas IP Think Tank, Zehjiang Dongyang IP Think Tank, Shanghai International Economic and Trade IP Protection Overseas Expert Pool, and one of the first batch experts in Shanghai Overseas IP Disputes Resolution Expert Pool.

Peter C. Bergan, Jr. Partner

Chicago

With over a decade of experience, Peter has guided clients through joint ventures, investments, financings and acquisitions/dispositions across commercial, digital infrastructure, industrial, mining, retail, hospitality, and multifamily and single-family assets nationwide.

He brings a unique focus to data center and digital infrastructure assets with a broad perspective, advising on construction, M&A, leasing, customer and other contracts. From hyperscale facilities and colocation centers to enterprise and cloud-based solutions, he draws on his experience with industry stakeholders to deliver clear, confident guidance to clients navigating this increasingly dense space.

Beyond the office, Peter is committed to community service, serving as a board member for Rugby Ohio, an organization dedicated to supporting the growth and development of children and teenagers through the game of rugby. He is also an active member of the Urban Land Institute and the International Council of Shopping Centers.

Adam Braun Of Counsel

Chicago

Adam brings a deep understanding of state attorneys general, state legislatures, and state agencies to represent clients on investigations, compliance and legislative issues before an array of state-government agencies.

As Executive Deputy Attorney General of Illinois, Adam coordinated multistate activity for the Illinois Attorney General’s office, led the office’s strategic initiatives, and served as the office’s liaison to the National Association of Attorneys General and the Democratic Attorneys General Association. While in the Illinois Attorney General’s Office, Adam served on the Executive Committees of numerous national settlements, including historic national opioid settlement agreements with local governments, pharmaceutical manufacturers, distributors, and retailers. He also spearheaded successful legislative initiatives to fight youth vaping, reduce organized retail crime, and expand the Consumer Fraud and Deceptive Business Practices Act.

Adam previously served as Deputy Legislative Director and Legislative Counsel of the Office of the Governor of Illinois from 2010-2012 and was instrumental in passing legislation, such as landmark reforms to the state’s workers compensation system, expansion of the state’s online lottery program, and a historic capital infrastructure program. He went into private practice from 2012-2019 where he resolved licensing and disciplinary matters and developed successful multi-state legislative, regulatory, and political strategies for clients in regulated industries. Earlier in his career, he worked as Staff Attorney in the Office of the Illinois State Treasurer. Braun chaired the Illinois Holocaust and Genocide Commission from 2011-2014 and was appointed to chair the State Workers Compensation Advisory Board in 2011.

Adam enjoys spending time with his wife and sons, and cheering on the Cubs, Bears, and Bulls.

Tim Carroll Partner

Chicago

Tim focuses his practice on cutting-edge technologies, including mobile apps, location-based services, messaging systems, medical devices, content-management platforms, Wi-Fi-enabled thermostats, and green technologies. Whether serving as lead trial counsel before the International Trade Commission (ITC), successfully arguing before the Federal Circuit Court of Appeals, or obtaining an outright win on liability grounds in the fabled Western District of Texas, he has secured scores of victories for his clients.

Tim first-chairs all of his cases, securing trial wins and preliminary injunctions, forcing adversaries to stipulate to noninfringement, winning summary judgment awards, prevailing in claim-construction arguments, and securing substantial attorneys' fee awards. He routinely leads joint defense groups involving some of the largest and most sophisticated companies and law firms in the country. His national high-stakes practice, aggressive but fair approach, exceptional advocacy skills, and impressive win-loss record have all contributed to the strong rapport he has built with clients and colleagues.

Tim has successfully litigated dozens of trade secret disputes involving military weaponry and defense systems, aerospace products, and financial technologies, and has extensive experience in inter partes reviews (IPRs) and other post-grant proceedings. Tim maintains a thorough understanding of the search and archiving platforms used by modern corporations, enabling him to provide counsel to more than 100 global businesses, including two Fortune 15 companies, on adopting and implementing lawful complaint information management programs and e-discovery and litigation readiness initiatives.

Mark Christy Partner

Chicago

Mark has nearly 15 years of experience in project finance. His clients include major financial institutions (tax equity investors and infrastructure funds), lenders, developers, and sponsors, particularly those active in the renewable energy sector. He regularly advises clients on opportunities stemming from the Inflation Reduction Act, specifically Section 6417 direct pay opportunities and Section 6418 tax credit transfers.

Mark also advises clients in a wide variety of structured finance, including transactions relating to CLOs, warehouse/leverage facilities, and other securitization structures, real estate mortgage investment conduits (REMICs), commercial mortgage-backed securities (CMBS), and real estate investment trusts (REITs).

Allie Crowe Associate

Chicago

Prior to joining Orrick, Allie was an Associate at Buckley LLP.

Alejandra Garcia Earley Partner

Chicago

Alejandra advises sponsors, lenders and agents on all aspects of a project, from drafting, negotiation and review of traditional project documents, including EPCs, O&Ms and MSAs through procuring construction financing and term loans for the operation and maintenance of the asset. Her tax equity practice includes drafting and negotiating the traditional tax equity partnerships (for PFlip and TFlip structures) documentation, tax credit transfer agreements and advising construction and back leverage lenders in connection with tax equity portfolios.

Alejandra’s experience spans a range of power generating technologies and projects, from solar, wind and hydro to biofuel, carbon capture, oil and gas and LNG projects. She has also led financings for major international infrastructure projects such as airports, water treatment, power generation and toll roads.

A native Spanish speaker, Alejandra has worked extensively across Latin America, including Mexico, Chile, Uruguay, the Dominican Republic and Colombia.