Dispute Resolution & Compliance

We are the go-to firm for China-related disputes

Practicing litigation across the United States and representing clients in arbitrations around the world, our dispute resolution team handles a wide range of matters. We have a strong team experienced in general commercial litigation, criminal litigation, intellectual property disputes, international arbitration, white collar, FCPA investigations, and compliance advice, including interfacing with regulators when needed. As the only international law firm headquartered in Asia, we offer unparalleled depth in Asia and are known for our China-related disputes expertise.

Our team advises across the full spectrum of dispute resolution, including:

Intellectual Property: we develop creative strategies to protect our clients’ most valuable asset – their IP. Comprising experienced lawyers with a winning track record, we help to clients to defend their intellectual property from infringement and monetize their it through court actions if needed.

General Commercial and Criminal Litigation: our lawyers have handled many high-profile matters in the US, for and against Chinese parties. We understand the challenges of representing Chinese companies in US courts in the current legal environment., and work closely with the China team to help our Chinese clients navigate the US court system. We understand the concerns that US parties may have in litigating against Chinese companies and are well-versed, not only in presenting and prosecuting a case, but also finding assets for enforcement when a judgment is handed down.

International Arbitration: a truly cross-border team, we work seamlessly with our colleagues in global offices to handle arbitrations around the world. We regularly represent parties in AAA and JAMS in the United States, but just as often act as counsel in HKIAC in Hong Kong, SIAC in Singapore, and ICC in London.

Compliance: compliance has been a hot topic over the past few years due to tension between the US and China. Our compliance team has advised on FCPA matters and performed cross-border investigations for listed and non-listed companies. We regularly advise clients on OFAC sanctions, US export controls, and other regulatory action that the US or Chinese government may take. With our unique hands-on knowledge and deep understanding of the two legal regimes, we are well-positioned to navigate the increasingly complex environment.

Insight

Trade Volatility: Adopting a "Trump Majeure Clause" in Commercial Contracts

In today’s disrupted global trade environment, where policy shifts and trade sanctions can emerge unexpectedly, buyers and sellers of goods face heightened legal and financial uncertainty and risk. Sudden changes in trade laws, particularly tariffs and sanctions, can materially affect contract performance and pricing. To mitigate these risks, parties to commercial contracts may benefit from incorporating a tailored provision, which we shall refer to as the "Trump Majeure Clause" (TMC). The TMC is a hybrid of the traditional force majeure clause and a change in law clause, designed specifically to address disruptions caused by newly imposed tariffs or trade sanctions. Its purpose is to allow contractual flexibility in the face of government actions that frustrate the original purpose of entering into the agreement.

08 May 2025

Insight

What A Motorcycle IP Case Says About Parallel Int'l Litigation

In global industries such as electronics and consumer products, parallel intellectual property litigation in multiple forums has become a key tool in the sophisticated litigants' toolbox.

13 December 2024

Insight

United States Federal Court Rules that China’s Secrecy Laws Are Insufficient Basis to Refuse Producing Relevant Documents in Discovery

In No. 4:13-cv-01895 (E.D. Mo. Sept. 27, 2024) (“Opinion”), the U.S. District Court for the Eastern District of Missouri addressed the issue of whether the secrecy laws of another country may prevent discovery in the United States. Specifically, the Plaintiff filed a motion to compel the Defendants to respond to discovery seeking sales information regarding the products accused of infringing the Plaintiff's patents. In opposing the Plaintiff's motion, the Defendants requested a protective order barring the production of such information under Chinese secrecy law. The Defendants urged that a protective order should be granted because the production of information responsive to the Plaintiff's discovery requests could expose Defendants to broad sanctions under the People's Republic of China's (PRC) recently enacted Counterespionage Law. The Defendants relied on the declaration of a Chinese attorney and a letter from the local Bureau of Commerce. The district court acknowledged that it had previously rejected arguments based on China’s Data Security Laws, its Cybersecurity Law, and its Personal Information Protection Law and similarly concluded that the threat of sanctions under the Counterespionage Law was speculative. As such, the court granted the Plaintiff's motion to compel and denied the Defendants' motion for a protective order. dispute resolution and litigation-cross border investigation and litigation

24 October 2024

KWM strengthens United States presence with new partner appointment

Asia’s top tier international law firm, King & Wood Mallesons, is continuing to strengthen its United States practice with the promotion of intellectual property expert, Charles Wizenfeld, to Partner in the New York office.

28 February 2023

NEWS

Aaron Wolfson joins King & Wood Mallesons’ New York office, spearheading the Dispute & Resolution practice in the U.S.

King & Wood Mallesons (KWM) is expanding its U.S. capabilities with the appointment of Aaron Wolfson as a partner in the New York office. An experienced federal and Manhattan prosecutor, trial attorney, and compliance executive, Mr. Wolfson will spearhead the firm's U.S. practice areas in Dispute Resolution, Litigation, and Financial Crimes Compliance out of the New York office. The addition of Mr. Wolfson will bring more depth, quality and breadth to the U.S. capabilities of the KWM's New York and Silicon Valley offices, complementing the firm's current offerings in cross-border work. With more than 15 years of experience in legal practice, Mr. Wolfson brings to KWM extensive public and private sector experience. As a prosecutor in the Manhattan District Attorney's Office, Mr. Wolfson led numerous investigations and prosecutions of global financial institutions, including Lloyds TSB, Credit Suisse, Barclays, ING, and Standard Chartered, among others, for violations of U.S. sanctions laws. He led global investigations into illicit activities of entities on the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals (the "SDN List"). He also served as a Trial Attorney in the U.S. Department of Justice, Antitrust Division, where he was a member of a trial team that prosecuted fraud and price fixing in the municipal bond industry. Mr. Wolfson also held senior positions in a global investment bank's Anti-Money Laundering and Global Sanctions programs. In private practice, Mr. Wolfson has represented a range of clients in state and federal court in white collar defense and civil litigation matters. Mr. Wolfson has also represented clients in front of both regulatory and criminal justice agencies, for example OFAC, FinCEN, and the SEC. Commenting on his appointment, Mr. Wolfson said: "I am excited to bolster KWM's dispute resolution, litigation, and financial crimes compliance practices in the U.S. I look forward to being part of the firm as it expands its footprint in the U.S. and working with my colleagues across the globe to assist our clients in their U.S. related matters." Also commenting on the appointment, Jack Wang, Managing Partner of KWM U.S., said: "We are delighted to welcome such an experienced and well-rounded partner to our team. Dispute resolution, litigation, and financial crimes compliance are very important areas for our clients. Mr. Wolfson's hire reflects our firm's consistent growth and continued investment in broadening the range of our U.S. practices, in line with the growing potential of the U.S. market. We will continue to use our unique position to connect our global clients with the U.S. to grasp the various opportunities in the market."

16 November 2018