Technology & IP Transactions, Litigation and Dispute Resolutions

Expertise in commercializing brands in the Western world is a given, but our international team can support complex, cross-border commercialization negotiations – in both English and local languages – whether the counterpart is sipping tea in the Shanghai World Financial Center or enjoying the sunset in Bali, Indonesia. We help clients maximize the value of their IP with agreements that not only “look good” to Western readers, but also make sense and are enforceable under local law.

Our goals in IP transactions are twofold: (1) maximize the value of our clients’ intellectual assets while minimizing the time and expense necessary for the transaction; and (2) ensuring the final written agreement not only “looks good” to the Western readers, but also makes sense and most importantly, is enforceable under local law. For example, a beautifully written English-language agreement requiring dispute resolution to be governed by the US law and subject to jurisdiction in US courts if the counterparty has no US contacts and the local laws disregard such provisions. Likewise, a marketing contract may make perfect sense in English readers but contain multiple loopholes under local Asian laws by failing to contemplate the translation or even transliteration of a brand.

Not all disputes require litigation, especially in the cross-border context; our international negotiation skills and talent also allow us to help clients more efficiently resolve complex international disputes not only in the U.S., but across the world. Our goal is simple: find a workable solution so that your businesses can move on. Our team has taken on, and resolved, disputes that other, larger firms prosecuted for decades. Our international alliances give us access to some of Asia’s most experienced negotiators, including one of China’s leading mediation / arbitration experts who served for many years as the Secretary General of the China Chapter of International Association of Licensed Trade Practitioners.

And, when litigation is necessary, our team knows what it takes. Having worked extensively in emerging markets throughout Asia, our team is familiar with the unique challenges of international dispute resolution, from signatory authority requirements imposed by Beijing courts to the strict legalization steps required to initiate litigation in jurisdictions like Indonesia. We also understand the role a country’s culture plays in shaping the outcome of a particular case and help clients navigate them. We understand the potential PR hazards faced by Western brands overseas and have first-hand experience both leveraging and mitigating the role of the press in cross-border litigations so our clients know what to expect.

In the context of international litigation, we believe risk management is key. Having worked extensively in emerging markets throughout Asia Pacific and South-East Asia, our team is familiar with the unique challenges inherent in each system, from the signatory authority requirements imposed by the Beijing court to the strict legalization steps required to initiate litigation in Indonesia. In addition to the law, we understand the role a country’s culture plays in deciding the outcome of a particular case, and we are vigilant regarding potential PR hazards, which can arise against a Western brand literally overnight. Our team has first-hand experience of the power of the press and understands how to leverage or mitigate (as appropriate) the role of the press to optimize our clients’ success in each case. We keep our clients apprised of these considerations, so that eyes are wide open when a brand owner decides to engage in a cross-border litigation.