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.
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 150 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 "recognised 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.
Jie (Jeffrey) Sun, a partner in Orrick’s Shanghai and Beijing offices, is a member of the Corporate Business Unit. Mr. Sun represents Chinese and international clients from multiple industries, including technology, renewable energy, life sciences, financial services and consumer/retail, in a broad range of M&A, capital markets and corporate matters.
He has extensive experience representing both Chinese enterprises in fund raising and investing abroad and foreign investors investing in China.
Mr. Sun regularly represents issuers and underwriters in the U.S. and Hong Kong public securities offerings, including initial public offerings and Rule 144A/Regulation S offerings for PRC-based companies.
In addition, he is experienced in handling complex cross-border mergers and acquisitions, foreign direct investment, strategic alliances, joint ventures and regulatory compliance matters for numerous foreign investors and Chinese companies. He also counsels global private equity funds on their investment activity throughout Greater China and across Asia.
Some clients he has represented include Bright Food, JD.com, Trina Solar, China Sunergy, Perfect World, ReneSola, Tudou, Pactera Technologies and some international investment banks and private equity funds.
Prior to joining Orrick, Mr. Sun worked with a major international law firm, and he was a former partner in a local law firm based in Shanghai.
Beijing; New York
Beijing; New York
Jinsong (Jeff) Zhang is a partner of the M&A and Private Equity Group, splitting his time between Orrick’s Beijing and New York offices. Jeff represents Chinese and international clients from multiple industries, including financial institutions, Fintech, technology, health care and real estate, in a broad range of M&A, capital markets, corporate governance, regulatory and compliance matters.
Jeff is deeply experienced in representing both Chinese and international companies in cross-border public and private M&A, tender offers, privatizations, spin-offs and joint ventures.
He has a particular focus on advising Chinese companies (state-owned or private) and financial institutions on their outbound investments, regulatory and compliance matters in the United States. His clients cover a wide range of industries, including financial institutions, Fintech, technology, healthcare and real estate.
In addition, Jeff advises Chinese companies on international capital markets transactions, including SEC-registered offerings, private placements pursuant to Rule 144A, and listings in Hong Kong and the United States.
Having practiced for more than a decade in New York, and having served as General Counsel and Chief Compliance Officer of CITIC Securities USA, a SEC/FINRA-registered broker-dealer arm of China’s largest full-service investment bank, Jeff offers Chinese clients a unique perspective when advising on U.S. transactional and compliance matters.
Prior to joining Orrick, Jeff was a partner at King & Wood Mallesons in New York. Before his in-house position at CITIC Securities USA, he practiced at two leading global law firms in New York, Hong Kong, Beijing, and Shanghai for many years.
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.
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.
Sook Young Yeu, a partner in Orrick’s Hong Kong office, is 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.
Carmen Wong, an associate in Orrick’s Hong Kong office, is a member of the firm’s Litigation Group.
Her practice focuses on complex commercial litigation and corporate investigations.
Carmen advises multinationals and financial institutions on a variety of business disputes and employment law matters, responsible for drafting legal agreements and conducting legal research on commercial law and employment law issues. She also has experience in conducting corporate internal investigations related to activities in China.
In addition, Carmen assisted in duty lawyer services and pro-bono work on human trafficking (International Bar Association), for domestic helpers (Helpers for Domestic Helpers) and for an international school in Hong Kong (The Harbour School).
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.