Legal Services

China Practice

Where others see borders, Archer’s China Practice Group sees opportunities. We get things done for our clients effectively and efficiently, based on our deep understanding of and respect for the subtle differences between the Asian and Western business cultures.

Archer’s China Practice Group was established to assist Chinese entrepreneurs and companies with legal needs in China and the United States. Our clients are leading companies that span across multiple industries, including alternative energy, petroleum, pharmaceutical, life sciences, manufacturing, retail, consumer goods, transportation, financial, real estate, and agriculture.

Archer’s China Practice Group is co-chaired by Jiangang (“James”) Ou. James is an experienced attorney, who graduated from East China University of Political Science and Law and previously practiced law with the T&C Law Firm in Hangzhou, China. James joined Archer’s Houston, Texas office in 2022. At that time, Ying Chen also joined Archer, bolstering Archer’s China practice. Ying is a graduate of the University of Houston Law Center and previously worked for AllBright Law Offices, one of China’s largest law firms. Ying also is resident in Archer’s Houston Office.

The Group is co-chaired by Stephen M. Packman, who is a Fellow of INSOL and has extensive cross-border legal experience. Steve practices throughout the United States and internationally. He is resident in Archer’s Philadelphia, Pennsylvania office.

The attorneys in our Group understand the law, legal system, and business environment of China and the culture that drives it. They are fluent in Mandarin, having previously lived and worked in China for over a decade. Their legal and business experience in China and the United States affords our clients unique resources in order to navigate both markets in many areas of the law.

Working closely with attorneys in related Archer practices, including Business Counseling; Bankruptcy, Restructuring, and Insolvency Litigation; Business Litigation; Intellectual Property; Real Estate; Immigration; and Tax, our China Practice Group provides clients with full-service representation with global capabilities and local know-how.

We advise clients in the following areas:

  • Sophisticated commercial litigation matters
  • Insolvency (including enforcement of creditor claims in the U.S.)
  • Enforcement of Chinese Court Money Judgement Arbitral Awards in the U.S.
  • Dispute resolution, mediation and arbitration
  • Intellectual property protection and litigation
  • Distribution chains and sales
  • Due diligence (including Pre-IPO DD for U.S. subsidiaries of Chinese issuers)
  • Entity formation (in multiple jurisdictions, including Delaware, New Jersey, New York, Pennsylvania, and Texas)
  • Data privacy and cybersecurity
  • Cross-border investigations
  • Labor and employment
  • Mergers and acquisitions
  • Joint ventures
  • Corporate finance and securities matters
  • Petroleum
  • Renewable energy projects
  • Real estate
  • Tax

Experience

  • Counsel to a leading Chinese-owned aquaculture company specialized in genetic selective breeding, in winning a 10-million-dollar federal jury verdict after 5 years of cross-border litigation in the Middle District of Florida.
  • Represent multiple Chinese medical device and pharmaceutical companies in IP litigation and compliance.
  • Represented the Unsecured Creditors Committee, consisting of Chinese manufacturers, in a Chapter 11 proceeding in Colorado and successfully achieved a greater-than-50% recovery rate for the class of unsecured creditors.
  • Represented Zhejiang Topoint Photovoltaic Co., Ltd. in its Chapter 15 proceeding in the New Jersey bankruptcy court, which was the first Chinese bankruptcy proceeding recognized in the U.S.
  • Counsel to Hefei Ziking Steel Pipe Co., Ltd. in winning a multimillion-dollar federal court judgment involving contracts governed by the United Nations Convention on Contracts for International Sales of Goods (CISG) in the Southern District Court of Texas.
  • Represented a major Chinese manufacturer of air conditioner parts in defending product liability claims brought by Goodman (owned by Daikin Industries, Ltd.) in the Southern District of Texas. Case was settled to client’s satisfaction.
  • Counsel to Chinese EB-5 investors in preparing and filing the whistleblower complaint to the SEC and suing the regional center and its principals in a U.S. federal court proceeding. Case involves cross-border securities fraud, negligent misrepresentation and breach of fiduciary duties and was settled promptly in client’s favor.
  • Counsel to foreign EB-5 investors in a U.S. federal receivership proceeding. Case involves the SEC and FBI. Successful recovery for clients.
  • Represented Chinese EB-5 investors in forming the Committee of Investors, calling meeting of shareholders, monitoring the then ongoing relevant bankruptcy proceeding.
  • Foreign Representative of mainland China debtors, Zhejiang Topoing Photovoltaic Company, Ltd, et al, in Chapter 15 contested proceedings in the Bankruptcy Court for the District of New Jersey. Case involves multimillion-dollar litigation proceedings.
  • Co-Chair of Unsecured Creditors Committee for a Chapter 11 proceeding in the Bankruptcy Court of New Jersey.
  • Counsel to Chinese petitioning creditors in multiple involuntary bankruptcy petition proceedings in the Bankruptcy Court for the Northern District of Texas. Cases involving tens of millions of dollars.
  • Counsel to the owner of a major Chinese medical device researcher, developer and manufacturer in a US federal court proceeding. Case involves AAA international arbitration and litigation in Chinese court and settled.
  • Counsel to principals and majority owners of a Texas LLC in shareholder disputes involving securities fraud, negligent misrepresentation, and breach of fiduciary duties.
  • Counsel to a Chinese entity in winning a multimillion-dollar arbitration award in an international arbitration proceeding administered by the International Center for Dispute Resolutions of American Arbitration Association (ICDR-AAA).
  • Counsel to a Chinese entity in confirming a multimillion-dollar arbitration award in the District of New Jersey under the Federal Arbitration Act.
  • Counsel to Chinese petitioners in confirming CIETAC arbitration awards in the Southern District of New York under the New York Convention.
  • Counsel to a Pennsylvania entity in successfully dismissing a foreign petitioner’s application for the recognition and enforcement of an international arbitration award in the Eastern District of Pennsylvania under the New York Convention.
  • Counsel to entities in defending intellectual property infringement allegations and negotiating settlement agreement with terms favorable and acceptable to clients. Cases involve trademark and patent.
  • Counsel to major Chinese manufacturers in expanding into the US market by acquiring existing distribution network and/or setting up distribution centers in North America.
  • Counsel to a Fortune Global 500 Chinese manufacturer in relocating to the US part of its manufacturing facility, which are affected by Section 301 tariffs, antidumping and countervailing duties.
  • Counsel to a Fortune Global 500 Chinese petrochemical company in purchasing an ethane cracker plant in the US.
  • Counsel to the US importers of record in international trade compliance.
  • Outside general counsel to US subsidiaries of publicly-traded Chinese corporations.

NEWS & EVENTS

05.01.2022 / PRESS RELEASE

Archer Launches China Practice Group; Opens Office in Houston with Three New Partners

05.20.2022 / ARTICLES

New Jersey Court Upholds Arbitration of Employee’s Discrimination Claims Arising from His Use of Medical Marijuana

05.19.2022 / EVENTS AND SEMINARS

Annual Employment Law Update- HR Bootcamp

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