INDUSTRIES & PRACTICES

china initiative

Dorsey “China Initiative” Task Force
WHAT YOU NEED TO KNOW ABOUT THE DOJ CHINA INITIATIVE.

Overview

The Department of Justice’s China Initiative prioritizes U.S. government enforcement actions against Chinese companies doing business in the U.S. or partnering with U.S. companies and universities, as well as individual researchers and scientists with ties to China. The focus of this initiative:

  • Investigate and prosecute Chinese companies for trade secret theft cases.
  • Target individuals, universities, and companies for transferring technology to the Chinese government and companies.
  • Engage U.S. colleges and universities in identifying and monitoring persons and companies with ties to Chinese companies and the Chinese government.
  • Aggressively use existing authorities, including the False Claims Act, Foreign Corrupt Practices Act (“FCPA”), Foreign Agent Registration Act, Foreign Investment Risk Review Modernization Act, NIH and DOD grant rules, university ethics rules and conflicts of interest policy, and export control laws, to target companies and persons seeking to obtain U.S. companies’ intellectual property and technology.
Recent Cases + -
Dorsey's Understanding of China + -
How Dorsey Can Help + -

Experience

Experience of our firm and individual team members includes:

  • Conducting internal investigation into employees’ misappropriation of confidential information and advising on enforcement of confidentiality agreement and non-compete covenant.
  • Assisting research institutions in handling government investigation of grant fraud, including internal investigations, compliance counseling, and disclosures related to the same.
  • Assisting individual scientists, researchers and faculty members in disclosures and investigations relating to “Thousand Talents” program (千人计划), Chang Jiang Scholar (长江学者) and other honorary positions and related NIH and DOD grant applications issues.
  • Conducting internal investigation into ethical violations such as self-dealing, channel stuffing and conflict of interests and advising on disciplinary actions against employees.
  • Providing training to employees regarding code of ethics and confidentiality requirements.
  • Formulating employee handbooks and internal policies for multinational companies and research institutions.
  • Customizing employee confidentiality and non-compete agreements for high-tech companies in different industries.
  • Assisting senior executives and technicians in reviewing their employment documents and advising on their employment-related issues from hiring to firing.
  • Defending senior executives of Chinese companies against sexual assault and forced labor charges.
  • Defending Chinese companies against charges of trafficking in weapons and counterfeit goods.
  • Conducting investigation for multinational company into alleged violations of the Iran sanctions laws.
  • Conducted FCPA investigations involving multinational companies’ Chinese operations.
  • Advised companies with Chinese operations regarding anti-corruption compliance activities. This includes training sales agents, executives, and boards regarding anti corruption principles, developments, and advice regarding specific situations.
  • Conducted an FCPA investigation into U.S.-listed companies’ supply chain in China as part of a wider inquiry of corruptions in their China supply chain.
  • Assisted with a leading multinational pharmaceutical company with the internal investigation of an alleged commercial bribery case in China and prepared report regarding same.
  • Assisted a Chinese state-owned telecommunication company with the internal investigation of its alleged breach of the settlement agreement with the U.S. government.

Contacts

Catherine Pan-Giordano
Partner, Co-Chair of U.S.–China Practice
Nick Akerman
Partner, Government Enforcement and Corporate Investigations
Alex Hontos
Partner, Government Enforcement/ Government Contracts
RJ Zayed
Partner, Intellectual Property/Government Enforcement
Beth Forsythe
Partner, Government Enforcement and Corporate Investigations Co-Chair
John Marti
Partner, Government Enforcement and Corporate Investigations Co-Chair
Ray Liu, Esq.
Partner, Commercial Litigation
Nelson Dong
Partner, National Security Law/Export Controls

Industries & Practices

  • China
  • Commercial Litigation
  • Government Contracts Counseling & Litigation
  • Government Enforcement & Corporate Investigations
  • Intellectual Property Litigation
  • International Arbitration & Litigation
  • International Trade