US Litigation Capabilities in China

As commercial dealings between Chinese companies and suppliers, customers, partners, and investors in the United States grow, so too do the risks that claims arising from such dealings may be litigated in US courts. Federal courts already confront actions involving Chinese individuals and entities ranging from commercial disputes to criminal investigations to class actions alleging violations of antitrust, securities, products liability, and business tort laws. Such disputes often involve complicated facts and complex, sometimes novel legal questions.

Prevailing in litigation of China-related claims in US courts demands a unique combination of skills and resources from counsel:

Mastery of US litigation tactics and strategies, particularly mechanisms and doctrines governing the handling of international disputes;
In-depth understanding of the relevant substantive areas of US law, such as product liability, securities, intellectual property, or antitrust;
Experience with the legal and factual dynamics of doing business in China and doing business with China; and
Capability to handle complex investigations, discovery, and research projects in-house, on-the-ground in China.

Key Facts

We are uniquely equipped for the challenges of litigating China disputes in US courts, combining a top-ranked US litigation department, a leading China practice, and the region’s premier dispute settlement practice team under one roof. Our lawyers build a strong case while transcending legal, political, and cultural barriers.
Top-Ranked Litigation Department. The American Lawyer honored O’Melveny with its 2004 “Litigation Department of the Year” award, in recognition of our innovative and effective handling of cutting-edge litigation and we received Honorable Mention in 2006. We have long been a leader in products liability, mass tort, and class action litigation, and our antitrust, securities, and intellectual property practitioners are also leaders in their fields. Moreover, our lawyers have cultivated substantial experience in litigating key procedural and jurisdictional issues regarding the trial of foreign disputes in US courts.
Leading China Practice. Asia Legal Business named O’Melveny “China Practice of the Year” in 2006. With more than 100 legal professionals in Hong Kong, Shanghai, and Beijing, we have one of the longest-running and largest practices in the PRC and are one of the few international law firms licensed to practice Hong Kong law. We draw on the breadth and depth of our China practice in framing the legal and factual context for China disputes before US courts.
Premier China Disputes Team. Asia-Pacific Legal 500 (2006) named O’Melveny the only top tier dispute resolution practice among international firms in China, describing our adversarial practice in the region as a “disputes juggernaut; one that is well placed to handle the most complex and high-profile cases.” Team members include seasoned arbitrators, experienced US litigators, and former clerks for US trial judges based in Hong Kong, Shanghai, and Beijing, as well as US-based litigators with substantial experience practicing law in China.
Cultural Fluency. Having a presence in mainland China for more than 20 years contributes to our understanding of the region’s business practices. Clients benefit from our ability to handle documents and testimony in their original Chinese or English language, which gives us an edge in interpreting critical evidence.

Apex Electronics Broadcom Corporation China Eastern Airlines Chinese State-Owned Entities Diagnostic Products Corporation Lehman Brothers TVB Group Xinhua Finance Media

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