Agatha Yu Associate, Complex Litigation & Dispute Resolution, International Arbitration & Dispute Resolution
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Agatha Yu, an associate in Orrick’s Hong Kong office, is a member of the Litigation Group.
Agatha regularly advises multinationals and financial institutions on a broad range of business disputes in relation to cross-border fraud and asset tracing claims, product liability, as well as employment law and data privacy law matters. She has experience in conducting corporate internal investigations related to activities in China.
In addition to her focus on complex commercial litigation and corporate investigations, she represents global private equity/venture capital funds and portfolio companies in their investments and acquisitions across the Greater China region.
Michael Tu leads the firm's securities litigation practice in Southern California. His practice focuses on litigation and counseling under the federal and state securities laws, mergers and acquisitions lawsuits, regulatory investigations and proceedings, securities and corporate governance advice, and business litigation and trade secrets disputes.
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 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 regularly counsels 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 corporations and executives based in 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), and he was recently 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. In addition, as a past faculty member of the Stanford Senior Executive Leadership Program, he has taught business executives and leaders on a number of subjects, including 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, and is Co-Chair of the Programs Committee. He previously served as the Court Alerts Editor, and as Co-Chair of the Federal Courts 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.
Yufeng (Ethan) Ma, a partner and the chief representative in Orrick’s Shanghai office, has over 17 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 17 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 currently participates in Shanghai Municipal Commission of Commerce’s “Going Overseas Service Portal” project, 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), 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 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.
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:
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.
David Halperin, a partner in Orrick's Hong Kong office, is a member of the Corporate Group. His practice focuses on corporate and commercial matters, banking and finance projects for investment funds and their managers, and entertainment and media clients.
David has advised a number of venture capital and direct investment clients with respect to their Asian investments.
Before joining Orrick, David served as an officer in the U.S. Navy from 1966-1970, rising to the rank of Lieutenant Commander (U.S.N.R.) and serving from 1969-1970 as a special assistant to Admiral E.R. Zumwalt, Commander of Naval Forces, Vietnam and later Chief of Naval Operations. From 1970-71, he served as personal assistant to Dr. Henry Kissinger, assistant to the president for national security affairs. David worked for Davis Polk & Wardwell in New York from 1974-1976 before joining the Hong Kong office of Coudert Brothers in 1976. He became a partner of Coudert in 1983 and has practiced in Hong Kong for 40 years.
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.
Stephanie helps clients navigate the intricate and rapidly evolving world of employment litigation.
Clients feel at ease knowing that Stephanie will work tirelessly to guide them through wage-and-hour class and representative actions, as well as single-plaintiff litigation involving claims of whistleblower retaliation, fraudulent inducement and breach of contract. Companies, particularly those in employee-friendly states such as California, must contend with an ever-changing array of procedural tools and laws, and rely on Stephanie to serve as a trusted advisor. In addition to legal nuances, the high-profile matters Stephanie handles are further complicated by reputational risk. To deliver a clear path through these complexities, Stephanie works with her team to carefully and creatively balance each case’s dangers, opportunities and impact.
She has managed matters from start to finish and has litigated cases in federal and state courts, as well as before various administrative agencies. She also helps her clients avoid litigation by counseling on wage-and-hour compliance, terminations and severance agreements, non-compete and non-solicitation covenants and employee handbook provisions.
Yoshi Takatori is head partner of Orrick's Global Japan practice and Tokyo's Litigation Group. His practice focuses on cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, FCPA and UKBA and compliance investigation and disputes involving labor laws. Yoshi has been recognized by numerous international publications such as being ranked Band 1 as a Dispute Resolution lawyer in Chambers Asia Pacific and recognized as a leading individual for Dispute Resolution and Intellectual Property for Asia Pacific Legal 500. He has also been recognized by the Financial Times as a Top 10 Legal Innovators for Asia-Pacific in 2019.
Yoshi has an active practice advising and counseling multi-national Japanese companies and the Japanese Government, on proactive cybersecurity program development and strategy. He also advises on cybersecurity issues in the context of adversarial proceedings and dispute resolution. He is an Editor and Co-author of “Cyber Security Strategy for Litigation and Compliance,” which is the first book in the Japanese legal marketplace discussing multi-stakeholder risk management strategies relating to external cyber-attacks and insider cyber trade secret theft. He is regularly consulted by leading media outlets, including TV and newspapers, and quoted, in major business publications on cybersecurity issues and insights.
Yoshi's previous experience includes:
representing several Japanese companies in the Cresvale Securities (Princeton Bonds) incident, which victimized over 150 Japanese companies, and played a central role in the trial and settlement procedures in Japan and New York;
successfully representing clients in a number of IP-related dispute resolutions involving trademark, counterfeit and patent issues in U.S., Asian and EU jurisdictions. In recent years he has gained attention for victories in compensation for damages of trademark infringement in foreign countries through application of foreign law and Japanese law through the Act on General Rules for Application of Laws; and
numerous achievements in cross-border enforcement, trial and international arbitration such as obtaining a temporary restraining order in Japanese court based on the certified decision in California that includes JPY280 billion in punitive damages.
In addition, Yoshi is listed as a recommended arbitrator for the Japan Commercial Arbitration Association (JCAA) and listed on SIAC's Panel of Arbitrators and KCAB’s Panel of Arbitrators and as a Specialist Mediator at Singapore International Mediation Center (SIMC). He is a qualified FCIArb and serves key positions in the international arbitration field such as being the executive director for the Japan Association of Arbitrators, and co-convener of the Japan Chapter of the Chartered Institute of Arbitrators (CIArb.).
Prior to joining Orrick, he was chair of the litigation department at the Tokyo office of Paul, Hastings, Janofsky & Walker LLP.