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Michael C. Tu Partner, Securities Litigation, Class Actions and Shareholder Derivative Lawsuits, Complex Litigation & Dispute Resolution
Securities Litigation, Class Actions and Shareholder Derivative Lawsuits
Michael C. Tu Partner Securities Litigation, Class Actions and Shareholder Derivative Lawsuits, Complex Litigation & Dispute Resolution
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 is:
Recommended for his "range of expertise, including the defense of securities class actions and M&A litigation," "for the fact that he 'takes a macro approach and looks very far down the line'" with a "'good oratory style'" (Chambers USA, 2015), and "The knowledge level that he has, his attention to detail and his communication skills are outstanding." (Chambers USA, 2017)
"Praised" "for his litigation skills" defending securities matters "in both federal and state courts", noted as "particularly strong in securities class actions with a cross-border element" (The Legal 500, 2015) and "cares about clients and has innovative ways of solving their problems." (The Legal 500, 2016)
Rated by clients and peers as an "Excellent trial attorney with practical sense" who has "a high level of expertise in the securities litigation field," "practices with the highest ethical standards," and "has a remarkable ability both to see the big picture and to sweat the details, and brings excellent judgment to bear on both fronts." (Martindale-Hubbell)
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 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, 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 served as a Lawyer Representative for the Central District of California to the Ninth Circuit Judicial Conference from 2006-2009.
Yufeng (Ethan) Ma Partner, Intellectual Property, Trade Secrets Litigation
D+86 21 6109 7108
D: +86 21 6109 7108
IP Counseling & Due Diligence
Yufeng (Ethan) Ma Partner Intellectual Property, Trade Secrets Litigation
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 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.
Xiang Wang Partner, Intellectual Property, Mass Torts & Product Liability
Beijing; New York
Xiang Wang Partner Intellectual Property, Mass Torts & Product Liability
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 Partner, Intellectual Property, Patents
Yaoli (Shelley) Zhang Partner Intellectual Property, Patents
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:
Patent invalidation proceedings, anti-counterfeiting, anti-piracy efforts and patent and trademark enforcement litigation in China.
Prosecution of patent and trademark, including application preparation, office actions/oppositions procedures and reexamination procedures.
Enforcement and technology transfer/licensing arrangements for substantial patent and trademark portfolios for companies doing business in China.
Advising on IP protection strategies, R&D related IP issues and matters in relation to export and import control of technology.
Assisting Chinese companies in Section 337 U.S. International Trade Commission investigations, patent infringement litigations and product liability litigations in the U.S.
IP due diligence and portfolio counseling.
Erica Chong Partner, Complex Litigation & Dispute Resolution, Investigations
D+852 2218 9127
D: +852 2218 9127
Erica Chong Partner Complex Litigation & Dispute Resolution, Investigations
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 Senior Associate, Supreme Court & Appellate
Jeremy Peterman Senior Associate Supreme Court & Appellate
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.
David Halperin Partner, M&A and Private Equity, China
David Halperin Partner M&A and Private Equity, China
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.
Wei (Carol) Yan Senior Associate, Intellectual Property, Patents
Wei (Carol) Yan Senior Associate Intellectual Property, Patents
Wei (Carol) Yan, a senior associate in Orrick's Beijing office, is a member of the Intellectual Property Group.
Carol's practice focuses on patent filing and prosecution, patent-related legal advice and patent litigation across a broad range of industries, including chemistry, materials science, pharmaceutical, biotechnology, medical device, semiconductor and auto mechanics. Carol has extensional experience in patent, trademark, domain name, copyright and trade secret.
Before joining Orrick, Carol worked with Lung Tin International Property Agent Ltd. and in Jones Day's Beijing Office.
Alex Okuliar Partner, Antitrust & Competition, Government Investigations and Enforcement Actions
Government Investigations and Enforcement Actions
Antitrust/Intellectual Property
Antitrust Counseling & Compliance
Alex Okuliar Partner Antitrust & Competition, Government Investigations and Enforcement Actions
Alex is a litigator and former DOJ and FTC official representing clients in high-profile deals, investigations, and disputes. He frequently works for leading global companies and has been recognized by Chambers USA and Global Competition Review, among others. Who's Who Legal reports that Alex is "a highly skilled competition lawyer" applauded for "his strong knowledge of and experience with the US authorities."
Alex regularly appears before federal, state, and foreign authorities in connection with conduct and merger investigations, including the Federal Trade Commission and US Department of Justice. He also advocates for client's interests on numerous competition and consumer protection issues. Alex also has litigated large antitrust, unfair competition, and consumer protection matters in federal and state courts around the United States.
From 2012-2015, Alex served as advisor to FTC Commissioner Ohlhausen, counseling her on the agency's numerous investigations, enforcement actions, and policies. He focused heavily on technology and telecommunications-related issues, including big data, the growth of online technology platforms, and the intersection of intellectual property and antitrust. Earlier, from 2010-2012, Alex was a trial attorney at the DOJ Antitrust Division focused on mergers and conduct in the technology and finance sectors. He also worked on dozens of energy, health care and hospital matters while at the FTC and DOJ and continues to practice in those sectors. Before serving in the government, Alex spent ten years in private practice at leading international law firms.
Alex is frequently acknowledged for the quality of his work and client service. Chambers USA has recognized Alex in its ranking of top DC antitrust lawyers (2018, 2019). He was recommended for antitrust litigation defense (2019) and merger control (2017-2019) in Legal 500 and was listed in Who's Who Legal: Future Leaders (2017, 2018) and Who's Who Legal: Competition (2019). He was also individually noted as "excellent" by Global Competition Review in its 2018 ranking of the world's antitrust practices.
Before law school, Alex co-founded and sold an online technology company.
Mimiao Hu Senior Associate, Intellectual Property, Cyber, Privacy & Data Innovation
Mimiao Hu Senior Associate Intellectual Property, Cyber, Privacy & Data Innovation
Mimiao Hu, a senior associate 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. Mimiao also 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.
Yali Hu Senior Associate, Intellectual Property, IP Counseling & Due Diligence
Yali Hu Senior Associate Intellectual Property, IP Counseling & Due Diligence
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.