Hui Xu, Chief Representative of Latham & Watkins’ Beijing office and head of Latham & Watkins’ China litigation and investigations practices, represents clients in multi-jurisdictional litigation, government investigations and enforcement, and compliance matters. As one of the few battle-tested regulatory investigation and litigation lawyers in top international law firms in China, Hui is widely renowned for his representation of Chinese companies and individuals in complex cross-border litigations, particularly those in the US.

His team was awarded 2023 Regulatory Compliance Firm of the Year by Asian Legal Business China Law Awards.

Hui regularly advises Chinese and global clients across industries — particularly in financial services, technology, and life sciences — on matters related to:

  • Complex commercial and IP litigation
  • Government investigations and enforcement related to data privacy, FCPA, export control and sanctions, and antitrust
  • Compliance, including related to transactions and developing compliance programs and policies

Hui also assists clients by liaising with regulators in the US and China, presenting findings, and developing strategies to resolve situations short of litigation.

He helps clients bridge regulatory, linguistic, and cultural gaps between parties. He draws on extensive experience in China and leverages his skill of managing a global team with relevant expertise to handle clients’ sensitive or high-risk matters.

Prior to private practice, Hui was a member of the in-house legal department at the China Chamber of Commerce under the Ministry of Commerce of China, where he handled trade remedy, intellectual property, and World Trade Organization matters. 

Hui’s representative experience includes representing:

Litigation

IP Litigation

  • Ace Battery in the US District Court for the District of Northern Illinois regarding allegations of trade secret misappropriation under the Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA)
  • The China Subsidiaries of A.O. Smith in a technical secrets misappropriation case
  • Shenzhen Senior Technology Material and its (US) Research Institute on an IP infringement and misappropriation of trade secret case filed in the US Federal District Court for the Northern District of California; Celgard alleged that Shenzhen Senior Technology Material misappropriated trade secrets regarding ceramic coated and polypropylene separators and infringed Celgard’s patents

Complex Commercial Litigation

  • An overseas investment platform of a major Chinese financial institution in its legal proceedings in California, and advising on US export control and national security review issues
  • HollySys Automation Technologies Ltd (HollySys), a leading provider of automation and control technologies in China, on a significant win in a dispute filed by the company’s former CEO and Chairman, together with another company under his control, in British Virgin Islands (BVI), as well as advice to protect the company and its shareholders from opportunistic unsolicited takeover approaches
  • Sinovac Biotech on its successful defense against dissident shareholders in litigation proceedings arising from dispute over control of the company, including a victory in a trial in the Antigua High Court and the Antigua appellate court 
  • Sinovac Biotech’s board in a number of proceedings in Massachusetts, Delaware, Hong Kong, and Beijing with dissident shareholders

Government Investigation & Enforcement

  • A leading China-headquartered online gaming company to respond to an enforcement action taken by US Federal Trade Commission on alleged mishandling of personal data of US users
  • A world-leading home appliance manufacturer on an energy efficiency investigation by the Department of Energy 
  • A global pharmaceutical company on multiple internal investigations related to accusations by Chinese criminal authorities that their sales practices violated PRC commercial bribery laws. Chinese criminal authorities eventually closed the cases with no accusations
  • A global media/entertainment company on an internal investigation related to accusations by China Supervisory Committee for its former executive for alleged violation PRC criminal bribery law
  • A global manufacturing company on a series of accusations brought up by former China executives which led to multiple Chinese authorities’ investigations into product quality, tax fraud, and anti-monopoly law issues
  • A Chinese robotics manufacturer on two antitrust investigations in Germany and Austria; successfully persuading the authorities to drop the respective investigation on resale price maintenance in Germany and Austria
  • A NASDAQ-listed Chinese life science company’s audit committee in investigations into alleged bribery schemes by the company’s founder and salesperson, and in parallel SEC and DOJ investigations; the SEC and DOJ closed their investigations without taking any actions against the company or any individual
  • The audit committee of a China-based US-listed company regarding a short selling report, and responses to SEC inquiries
  • A major Chinese state-owned company in response to a number of statutory notices for documents and information issued by the Hong Kong Securities and Futures Commission (SFC)
  • The board of a China-based unicorn in the shared space industry
  • A US-based global Top 500 home appliance company with US security class action as background

Compliance

Data Privacy

  • Multinational companies on compliance with China Network Security Law, Personal Information Privacy Law, and data privacy issues
  • A Hong Kong-headquartered global payments platform on the development and implementation of its complex global privacy and cybersecurity compliance program 
  • A US-based AI company to resolve a dispute arising from alleged misuse of AI technologies and help the company to improve compliance of AI technologies
  • A global automotive technology provider on regulatory compliance matters including data-related compliance advice in relation to its US IPO through the De-SPAC process
  • A leading cloud security solution provider on data compliance issues with respect to the client’s planned entry into the local market
  • A cloud email cybersecurity service provider on the risks of doing business locally, in particular the requirements relating to data protection, cybersecurity licensing and certification, and cross-border data transfers
  • A China-headquartered consumer drone manufacturer on cross-border data collection and sharing as it relates to its certain products, including the transfer of data from products offered in multiple foreign jurisdictions to mainland China
  • A China-headquartered internet unicorn on the global compliance program, including GDPR compliance, including data processing; GDPR governance and accountability; compliant policy framework; data subject rights; data breach notifications; and transparency and consent 

FCPA

  • A Chinese biopharma company on day-to-day anti-corruption and anti-bribery compliance issues, and anti-corruption compliance due diligence with its partners
  • A Chinese clinic group on pre-IPO anti-bribery compliance issues, as well as drafting and implementing compliance and internal control policies
  • FCPA/export controls/anti-money laundering compliance due diligence and providing legal advice in connection with a number of high-profile transactions
  • The audit committee of a China-based US-listed company before the US SEC and Nasdaq

Sanctions & Export Control 

  • A subsidiary of China COSCO Shipping in its efforts to lift sanctions imposed by the US Department of State and US Treasury Department’s Office of Foreign Assets Control (OFAC) — the most significant sanctions removal success in 2019-2020
  • A Chinese leading internet unicorn in conducting FCPA and export control risk assessments and crafting related compliance policy and training materials
  • A global financial institution before the US DOJ on export controls/financial sanctions
  • A global oil and gas services company, conducting an internal investigation and representing in relation to the DOJ’s investigation of alleged violations of US export control regulations
  • An international financial institution regarding a DOJ investigation resulting from a reported violation of US economy sanctions
  • A leading global telecommunication manufacturer on export control and sanction issues, and drafting compliance policies and guidelines 

Diligence

  • A leading Chinese internet unicorn in conducting pre-IPO anticorruption and economic sanctions risk assessment and constructing compliance system and drafting policies 

Bar Qualification

  • District of Columbia

Education

  • LLM, Georgetown University Law Center, 2010
  • LLM, New York University School of Law, 2005
  • LL.B., Renmin University of China, 2001

Languages Spoken

  • English