Asia Practice

AALRR’s Asia Practice advises and represents Asian businesses on both domestic and cross-border matters.  This includes general advice and counsel, transactions and litigation.  We advise a broad cross-section of Asian businesses, from small start-up companies to multinational publicly traded corporations.  Our clients include businesses in manufacturing, retail (including on-line retail), technology, hospitality/hotels, supermarkets (including supermarket suppliers), distribution, logistics, investment, banking, real estate development, and property management. 

We are knowledgeable about, and comfortable with, the informal business practices, customs and traditions which are important in these matters.  Our team includes attorneys proficient in several Asian languages, including Mandarin, Cantonese, Korean, and Japanese.

We have experience in service in China under the Hague Convention, in structuring settlements to accommodate Chinese financial restrictions, and with actions by the Committee on Foreign Investments in the United States (CFIUS). 

The matters listed are commonly encountered by our Asia Practice clients, but our expertise and experience are much greater.  As a large full-service law firm, we likely have attorneys who can assist in almost any business litigation or transaction you may have.

Transactions

Business Structure, Formation, Maintenance, Mergers and Acquisitions, Stock Purchase and Sale

• General counsel and governance
• Entity formation and structure
• Corporations, limited liability companies, partnerships, joint ventures and strategic alliances.
• Corporate finance
• Mergers & acquisitions
• Debt financing and security agreements
• Equity financing transactions
• Anti-corruption and anti-bribery advice and counsel

Representative Matters

• Represented Korean seller of retail business. 
• Advised US subsidiary of Japanese-owned parent holding company in food industry on multiple commercial agreements involving supply, manufacturing, warehousing, marketing and distribution of goods to North American markets. 
• Advised clients with operations in various Asian markets (including China, South Korea and Singapore) on policies and obligations under the United States Foreign Corrupt Practices Act.
• Advised Chinese-owned apparel company owner on business structure, entity formation, partnership agreement, and intellectual property protection (trademark and trade dress).   

Commercial Real Estate

• Property acquisition and disposition
• Land use
• Development
• Project finance
• Lease review, negotiation and documentation

Representative Matters

• Updated standard shopping center lease agreement for Chinese owner.
• Advised Chinese client on terminating property listing with broker and disputing fees allegedly owed.
• General advice and counsel of Korean client concerning commercial lease disputes.

Contracts

• Negotiation and preparation of commercial contracts.

Representative Matters

• Advised US subsidiary of Thai-owned parent holding company in construction supply industry on template commercial agreements for the sale and distribution of goods in North America.
• Advised US subsidiary of Japanese-owned parent holding company in auto industry on commercial agreements involving supply and distribution of spare parts in North America. 

Employment (Management Only)

• Advice and counsel
• Pre-termination strategy
• Separation agreements
• Employee handbooks
• Union contract negotiation

Representative Matters

• Advised Chinese resort owner on general employment issues.
• Advised Thai-owned California-based Asian food/noodle restaurant chain on ongoing operations and employment issues. 
• Defended Chinese-owned business against unionization of employees and workers.

Intellectual Property

• Intellectual property protection
• Trademark registration
• Copyright registration
• Portfolio structuring and administration
• Licensing agreements

Representative Matters

• Represented Japanese video game company in multiple licensing matters.
• Represented Korean business in negotiation and documentation of agreements for licensing of food line. 
• Advised Japanese auto parts manufacturer on brand protection, including registering and maintaining trademark portfolio. 

 

Litigation

Business Litigation

• Equity/shareholder disputes
• Contract and business torts litigation
• Pre-judgment remedies
• Fraud litigation
• Administrative and regulatory matters

Representative Matters

Equity Disputes/Shareholder Litigation:

• Represented Korean client in “business divorce” between equity partners concerning corporate entities in the U.S., China, Cambodia, and South Korea.
• Prosecuted claims by minority shareholders arising from breach of stock purchase agreements by Taiwanese company.  Avoided service and jurisdictional issues by intervening in existing lawsuit.   
• Defended Chinese owner of hotel and adjacent vacant land against claims by family member concerning ownership.  
• Defended Chinese member of limited liability company in member/shareholder dispute.

Contract and Business Torts Litigation:

• Represented Taiwanese manufacturer of hydraulic products in lawsuit concerning exercise equipment. 
• Defended Taiwanese manufacturer of flat panel displays against claims for breach of supply agreement seeking consequential damages and lost profits.
• Defended Indonesian manufacturer against breach of supply agreement for paper, including claims for consequential damages and lost profits.
• Defended Chinese chip fabricator in multiple actions arising from business winddown.   
• Prosecuted claim by Taiwanese consultant to recover finder’s fee resulting in significant corporate acquisition.    
• Defended Japanese medical equipment manufacturer in breach of contract arbitration.
• Represented Korean apparel manufacturer in breach of contract claim against online retailer for unpaid bills.

Pre-Judgment Remedies:

• Defended Taiwanese distributor of technology products against multi-million-dollar attachment.   Attachment fully released.  
• Prosecuted collections matter for Chinese creditor, including successful foreclosure on valuable parcels of real property.
• Defended publicly traded Taiwanese financial firm against claims by court-appointed receiver for fraud.

Fraud Litigation:

• Defended Taiwanese equity stakeholder in US subsidiary of toy company for claims of fraud and conversion.
• Defended Taiwanese equity stakeholder of hotel for claims of fraud and conversion.
• Defended Chinese home products manufacturer against preference (“claw-back”) claims by bankruptcy trustee.
• Defended Korean seller against alleged fraud and breach of contract in sale of business.
• Represented Japanese automotive parts distributor in fraud lawsuit.
• Represented Japanese shipping and logistics company in fraud lawsuit.  Prevailed on summary adjudication, resulting in substantial money judgment.
• Defended Korean client against claims for breach of contract and fraud by crypto-related seller/service-provider for continued failure to provide purchased products and services.
• Represented Southeast Asian online consumer goods retailer in lawsuit against product vendors concerning stolen and counterfeit goods.
• Represented Chinese insurance agent in lawsuit for breach of contract and fraud against broker for usurping client's book of business and unpaid commissions.

Administrative and Regulatory Matters:

• Represented Taiwanese consumer products manufacturer concerning complaints to multiple state attorneys general alleging defective products.
• Advised Chinese contractor in Contractors State License Board licensing dispute involving past judgments.
• Advised Korean client concerning claim under client’s contractor’s license bond.

Commercial Real Estate Litigation

• Partnership disputes (limited and general partnerships)
• Landlord-tenant dispute litigation (office/commercial/residential), breach of lease, and unlawful detainer
• Property management disputes
• Defense of claims under the Americans with Disabilities Act (ADA)

Representative Matters

• Defended property manager in lawsuit by Chinese importer industrial tenant alleging inability to obtain business license because of ADA noncompliance.  
• Represented Japanese real estate investor in disputes with “sweat equity” partners concerning several multi-family limited partnerships and a general partnership.
• Represented Indian owner of commercial property in landlord-tenant disputes.
• Defended Taiwanese retail business owner against claim by landlord alleging improper transfer of part of business ownership.  Successfully renegotiated lease to stay in premises.  
• Represented Taiwanese landlord in dispute with PRC state-backed recording studio. 
• Defended Thai hotel owner on claims against US real property.
• Defended Chinese client against claims by contractor for breach of contract and collections.
• Represented Chinese client for construction defect claims for high-end residential property.
• Defended Chinese and Korean retail businesses and commercial landlords against ADA physical access claims.

Employment Litigation (Management Only)

• Defense of single plaintiff discrimination and harassment lawsuits
• Defense of wage-and-hour class actions and PAGA cases
• Defense of matters before the California Labor Commission and other state and federal regulatory agencies

Representative Matters

• Defended Chinese, Taiwanese, Korean and Japanese businesses in numerous lawsuits brought by individual plaintiffs alleging wrongful termination, discrimination and harassment of all types, including sex, race and age, violation of wage and hour laws, and wage theft. Resolved numerous claims pre-litigation.
• Defended Chinese-owned business for wage and hour violations before the National Labor Relations Board.
• Defended US subsidiary of Taiwanese-owned grocery supply company in class action/PAGA lawsuit for alleged violation of wage-and-hour laws.
• Defended Indian-owned hotel against wrongful termination claims.
• Defended Indian-owned grocery group against claims for age discrimination and violation of wage-and-hour laws.
• Defended Korean client in EEOC matter alleging discrimination.
• Defended Japanese grocery chain in wage enforcement action by city. 
• Defended Japanese business in multiple matters before the Employment Development Department (EDD) and the California Unemployment Insurance Appeals Board (CUIAB).
• Represented Korean client in responding to DLSE subpoenas regarding vendor’s employees.
• Defended Chinese client against retaliation complaint in Department of Industrial Relations. 

Intellectual Property Litigation

• Copyrights
• Trademarks
• Patents
• Trade secrets

Representative Matters

• Defended Korean apparel manufacturer against claims of trademark and copyright infringement. 
• Represented Chinese furniture manufacturer in multiple disputes seeking to enforce trademarks and copyrights, including cease-and-desist demands.
• Represented US-based physician/inventor of drug who licensed patent to Indian pharma company which did not monetize the patent or pay royalties.  Prevailed in international arbitration by rescinding license and recovering damages.   
• Represented US-based tech company concerning joint venture with leading Indian public technology institute and Republic of India concerning failure to monetize and attempted misappropriation of IP.  Defeated claims of sovereign immunity in trial court and on appeal.    
• Represented US-based technology company in litigation against Chinese medical device companies for failing to make promised investment and attempting export of technology to China.  Involved possible triggering of CFIUS.