McGuireWoods LLP (LexBlog China)

On Dec. 2, 2022, the U.S. Department of Commerce (DOC) released its preliminary determinations over the ongoing investigation into whether solar cells and modules imported from certain Southeast Asian countries were circumventing U.S. duties on solar modules manufactured in the People’s Republic of China. These findings arrive in the wake of a two-year moratorium on tariffs on...

OrbiMed has announced it has raised $3.5 billion in commitments for its latest private investment funds. The investments are broken down as follows: $1.5 billion for OrbiMed Private Investments VIII, which invests primarily in North America and Europe with a focus on biotechnology, medical device and diagnostics companies $800 million for OrbiMed Asia Partners IV,...

McGuireWoods Fintech industry team leader David Reidy and appellate litigator Jonathan Urick bring us this succinct analysis of the Supreme Court’s hotly anticipated decision on the doctrine of “equitable tolling” in class actions: Class-action plaintiffs cannot toll the statute of limitations indefinitely by filing copycat class actions until certification sticks, the U.S. Supreme Court held...

The following post, written by Senior Counsel Andrew Phillips, was first published on McGuireWoods’s Password Protected blog.  We jumped at the chance to reprint it here. Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang’s China Bistro, Inc., 2016 U.S. App. LEXIS 6766 (7th Cir. Ill. Apr. 14, 2016), many commentators quickly pronounced...

Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang’s China Bistro Inc., 2016 U.S. App. LEXIS 6766 (7th Cir. Ill. Apr. 14, 2016), many commentators quickly pronounced the Seventh Circuit fertile territory for consumer data breach class actions. But, suggesting that such claims will thrive there is a lot like saying the Sasquatch...

Earlier this month, six former employees of Tencent Holdings (Tencent), including Liu Chunning, a now high-level executive of Alibaba Group, were detained by Chinese authorities as part of a bribery investigation relating to payments made by online video content providers to employees of Tencent, including Liu. In addition to showcasing the continued fight against graft...

China’s recently announced plan to restructure and consolidate its state-owned enterprises (SOEs) focuses on bolstering the private sector of its economy and creating economies of scale to allow Chinese companies to better compete internationally. It also may implicate companies’ efforts to comply with the U.S. Foreign Corrupt Practices Act (FCPA), in positive and negative ways....

The folks over at Palo Alto Networks have discovered a new breed of malware infecting iOS devices in China.  Called WireLurker because of its ability to compromise an iOS device via USB when connected to an infected Mac OSX computer, the virus has mostly been reported in China.  There are three versions in the wild,...

the very fact that the investigation is underway shows that the US government is looking at corruption much more broadly and in forms which include benefits other than a direct pecuniary benefit or physical gift.

China's new prime minister is himself now on a major anticorruption drive domestically within China

The Public Company Accounting Oversight Board (PCAOB) recently announced that it reached an enforcement cooperation agreement with the China Securities Regulatory Commission and the Ministry of Finance. The agreement, set forth in a Memorandum of Understanding (MOU) between the parties (available here, PDF), creates a mechanism to share documents and information relevant to investigations in...

Sensata Workers Filed Unfair Labor Practice Charges: UPI.com reports that Sensata Technologies Inc. workers filed unfair labor practice charges alleging that their employer threatened a shutdown amid protests for sending jobs to China. They also allege that the company increased security and announced a new policy prohibiting off-duty employees from entering work areas at non-work...

Last week Avon, the US door-to-door and online cosmetics manufacturer, announced that the US Securities Exchange Commission (SEC) has placed it under formal investigation in connection with allegations of bribery in China.