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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.
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 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 has previously served as a member of the Board of Directors of the Constitutional Rights Foundation, and as a Lawyer Representative for the Central District of California to the Ninth Circuit Judicial Conference.
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:
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.
Mimiao Hu, an of counsel in Orrick’s Beijing office, is a member of the Intellectual Property Group.
Her work has included trademark and copyright protection strategies, intellectual property litigation, unfair competition, intellectual property due diligence, cybersquatting and related technology issues. Mimiao has also advised clients on export regulation of military and dual-use items and customs regulation in China. In addition, Mimiao works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Prior to joining Orrick, Mimiao was a senior associate in the Beijing and Shanghai offices of a major PRC law firm.
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.
Yali Hu, a senior associate in Orrick's Beijing office, is a member of the Intellectual Property Group.
Yali assists local- and foreign-based multinational companies with all aspects of their intellectual property rights in China, Europe and the United States, including Section 337 U.S. International Trade Commission (ITC) litigation. Yali has extensional experience in patent, trademark, domain name, copyright and trade secret.
Yali’s intellectual property-related services include patent filing and subsequent maintenance affairs for her clients.
Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He is an expert in handling cross-border litigation, arbitration, intellectual property and compliance matters.
His practice focuses on intellectual property, antitrust, product liability, medical and pharmaceutical, and other commercial disputes for both domestic and foreign companies. He actively engages in cross-border litigation and arbitration, and draws on his extensive knowledge and experience from various countries.
In regards to intellectual property, Shinsuke has represented numerous companies in patent infringement litigation involving a wide range of technologies related to electric devices and industrial machinery. He has also handled other IP-related issues such as trademark, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.
Recently, he has been involved in business and legal issues related to artificial intelligence (AI), Internet of Things (IoT), and big data; he also acts as the Asia representative of Orrick’s Global AI Working Group.
Consistently providing strategic advice from a global perspective, he is also actively involved in bribery regulations including FCPA and UKBA, antitrust and competition law, cartel, fraud and compliance investigations.
He also advises in mergers and acquisitions, licensing and other transactional matters.