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Managing Multi-Jurisdictional Disputes and Investigations in a Distributed World

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MoFo hosted a webinar in association with the Association of Corporate Counsel (ACC), “Managing Multi-Jurisdictional Disputes and Investigations in a Distribute

MoFo hosted a webinar in association with the Association of Corporate Counsel (ACC), “Managing Multi-Jurisdictional Disputes and Investigations in a Distributed World” on June 24, 2021. MoFo partners Craig Celniker, Timothy Blakely, Daniel Levison, and Chen Zhu shared their experiences in tackling issues and obstacles commonly faced in handling complex investigations, compliance, arbitration, and litigation matters in today’s world of remote working.<iframe src="https://www.youtube-nocookie.com/embed/GizrdtWXvzs?rel=0" title="ACC Webinar Video Recording - YouTube" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="1" title="iframe"></iframe>

Managing Multi-Jurisdictional Disputes and Investigations in a Distributed World

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Tim is managing partner of Morrison & Foerster’s Hong Kong office. He is also head of the firm’s Hong Kong Litigation Department. Tim’s practice focuses on government and internal investigations and complex commercial litigation and international arbitration matters.Tim represents companies and individuals in, among other matters:<ul><li>Government investigations</li><li>Regulatory enforcement proceedings</li><li>Internal investigations</li><li>International arbitrations</li><li>Securities class action lawsuits</li><li>Complex dispute-related matters</li><li>Regulatory compliance issues</li></ul>Tim has represented multinational and Chinese clients in various industries, including telecommunications, biotechnology, publishing, pharmaceuticals, and financial services.Tim also is a member of both the firm’s FCPA + Global Anti-Corruption and Global Ethics + Compliance teams. He conducts internal investigations throughout Asia of potential violations of anti-corruption laws, leads pre-acquisition anti-corruption-related due diligence and post-closing remediation, and regularly provides advice, counseling, and training to clients about FCPA and anti-corruption related issues.Tim has deep experience representing companies and individuals in high-stakes contentious matters involving U.S. and Hong Kong law. Before relocating to Hong Kong in 2011, he spent 10 years practicing in New York and California, handling fraud, misrepresentation, breach of contract, securities litigation, investment disputes, commercial arbitration, and enforcement-related matters, from inception through trial. His practice continues to have a strong U.S. nexus, and he regularly advises clients facing disputes and enforcement actions originating in the U.S. and involving U.S. law.As a Hong Kong solicitor, Tim has been instructed by clients in key contentious proceedings and arbitration-related matters before Hong Kong courts, as well in proceedings with Hong Kong regulators and statutory tribunals. He has advised clients in investigations by, inter alia, the Securities & Futures Commission, and in proceedings before the Telecommunications (Competition Provisions) Appeal Board. He regularly acts for clients in Hong Kong-seated, international arbitration proceedings.Chambers Asia-Pacific quotes clients saying that Tim “is incredibly intelligent and always well prepared. He is an excellent interviewer and his depth of knowledge of the subject matter is outstanding” and that he “knows Western practices but also appreciates and understands the peculiarity of Chinese laws and practice.”

Timothy Blakely律师是美富律师事务所香港办事处的管理合伙人，同时也是本所香港诉讼部门的主管。Blakely律师的主要业务为政府和内部调查，以及复杂的商业诉讼和国际仲裁事宜。Blakely律师经常代表公司和个人处理的事宜包括：<ul><li>政府调查</li><li>监管程序</li><li>内部调查</li><li>国际仲裁</li><li>证券集体诉讼</li><li>复杂的争议相关事宜</li></ul>他也就监管合规问题向客户提供法律服务。Blakely律师曾代表电信、生物技术、出版、医药及金融服务等多个行业的跨国及中国客户处理有关事宜。Blakely律师也是本所全球反腐败及合规工作组的成员。他在全亚洲就可能违反各国反腐败法的行为开展内部调查，领导进行收购前关于反腐败的尽职调查工作和交割后的纠正事宜，并经常向客户提供关于美国《反海外腐败法》及反腐败问题的法律服务及培训。Blakely律师在代表公司和个人处理涉及美国和香港法律的高案值争讼事宜方面拥有丰富经验。在2011年移居香港之前，Blakely律师曾在纽约和加州执业十年，处理欺诈、不实陈述、合同违约、证券诉讼、投资争议、商业仲裁及执行的相关事宜，其工作贯穿从初始到案件审判的全过程。目前，Blakely律师的业务仍与美国密切相关，他经常协助客户处理源于美国或涉及美国法律的争议和执法行动。作为一名拥有香港事务资格的律师，Blakely律师曾受客户委托在香港法院处理重要的争讼程序和仲裁相关事宜，以及在香港监管机构和法定特别法庭处理各种程序。他曾就由香港证券及期货事务监察委员会等进行的调查以及在香港电讯（竞争条文）上诉委员会进行的程序向客户提供咨询。他还经常代表客户处理在香港进行的国际仲裁程序。

Timothy Blakely

Managing Partner, Hong Kong

﻿Dan Levison is a partner at Morrison Foerster and co-Managing Partner of the Singapore office. He also heads its Litigation Department and leads the firm’s Ethics and Compliance regional practice in Asia. Dan counsels clients regarding compliance matters and conducts internal investigations and compliance reviews across the Asia-Pacific region, where he has over 24 years of experience. His practice has included work in many countries in Southeast Asia and beyond, including Malaysia, Thailand, Indonesia, Vietnam, the Philippines, and Singapore.Clients say that Dan is “a highly skilled lawyer who specializes in managing large, complex internal investigations” and “very thoughtful and thorough, and extremely focused on giving high-quality advice across a broad range of issues.” Clients rely on his experience with highly sensitive and complex cross‑border matters, which have included fraud and corruption, cartel, and other competition matters, anti-money laundering, economic sanctions and export control, privacy and data security, and regulatory and product safety investigations. In addition, he assists clients with pre‑acquisition and third-party compliance due diligence and developing, reviewing, and implementing compliance policies, procedures, and training programs.Dan also focuses on complex commercial litigation and arbitration matters, with particular emphasis on the resolution of multi-jurisdictional disputes and has developed particular expertise regarding cross‑border electronic discovery matters. He has counselled clients in a range of matters involving contract disputes, business torts, antitrust, product liability, intellectual property, and other issues. Dan has represented clients in a variety of industries, including electronics and manufacturing, software, consulting and professional services, consumer goods, electronic commerce, chemicals, pharmaceuticals and healthcare, sports and entertainment, transportation, construction and real estate, hospitality, insurance, and banking and financial services, among others. Dan is also a member of the firm’s COVID‑19 Task Force.Before moving to Singapore, Dan spent more than 12 years in MoFo’s Tokyo office, and clients continue to rely on him for his Japan-related expertise, for which he has been recognized by Chambers Global 2020, 2021, and 2022.Dan has been listed by Chambers Asia-Pacific every year for the last six years as a top practitioner (Band 1) in his field for Corporate Investigations/Anti-corruption. He is recognized as a leading individual for white-collar crime by Legal 500 Asia-Pacific from 2021 - 2024, and is listed as a litigation star by Benchmark Litigation Asia-Pacific. Dan has also been recommended as a global leader in Investigations in Singapore by Who’s Who Legal/Global Investigations Review every year since 2019.Dan is also a sought–after speaker and thought leader on anti–corruption, investigations, and compliance‑related topics.In addition to his practice, Dan serves on the firm’s Board of Directors and on its Diversity Strategy Committee, and plays a leadership role in some of the firm’s global diversity initiatives, notably, as a member of the Board of Directors of the firm’s pro bono client, Lawyers for LGBT & Allies Network, and he has been highly commended by Chambers for an Asia-Pacific Diversity & Inclusion Award 2020.<h4>Representative Experience</h4><ul><li>A multinational company in connection with an internal investigation into allegations of bribery in Indonesia.</li><li>A real estate investment trust in relation to a compliance risk assessment concerning a joint venture in India. </li><li>A U.S.-based company in an investigation into corruption and procurement–related irregularities in India. </li><li>A global technology company in relation to an investigation into allegations of conflicts of interest and accounting irregularities by local management in Southeast Asia.</li><li>Several Asia-based employees of financial institutions in internal and government corruption and money laundering investigations. </li><li>U.S.-based medical device manufacturer in investigation into allegations of bribery and fraud in Japan.</li><li>A multinational pharmaceutical company in investigations into allegations of irregularities in the conduct of clinical trials in Japan.</li><li>A U.S.-based company with respect to several Japan Fair Trade Commission investigations.</li><li>Providing a global financial institution with anti-corruption counselling with respect to its global private equity and venture capital investments.</li><li>Conducted pre-investment and pre-acquisition anti-corruption and compliance due diligence for U.S., Europe, and Asia-based multinational companies in numerous transactions across the Asia‑Pacific region and beyond. </li></ul>

Daniel Levison

Managing Partner, Singapore

Chen is a partner whose practice focuses on government and internal investigations, cross-border enforcement matters and commercial litigation. He has extensive experience advising on U.S. economic sanctions, anti-money laundering, Foreign Corrupt Practices Act (FCPA), securities and accounting fraud, and related governance and corporate compliance issues. Chen also has extensive experience conducting compliance due diligence and designing compliance programs for clients in connection with private equity portfolio investments, M&A and IPO transactions. He also has experience in U.S.-based civil litigation involving Asia-based defendants. In addition, Chen frequently guides corporate and financial institutions clients through risk management issues associated with state secrecy, data privacy and cross-border data export control.His clients include major state-owned enterprises, multinational corporations and individuals from various industries including banking, pharmaceutical, technology, entertainment, insurance, consumer retail and hospitality, with a particular focus on China, Japan and Southeast Asia.Chen has been recognized as a Future Leader by Who’s Who Legal Investigations 2019 - 2022.Chen is a frequent presenter at legal conferences and client workshops relating to anti-corruption, economic sanctions and white-collar enforcement.Prior to joining Morrison Foerster, he worked in the Hong Kong and New York offices of a leading U.S. law firm. Chen is a native speaker of English and Mandarin. He is a Registered Foreign Lawyer with the Law Society of Hong Kong.

朱晨昊律师的执业重点为政府与内部调查、跨境执法事宜以及商业诉讼。他在针对美国经济制裁、反洗钱、美国《反海外腐败法》（FCPA）、证券和会计欺诈以及相关政府和公司合规问题提供法律意见方面拥有丰富的经验。朱律师在针对私募股权资产组合投资、并购和IPO交易为客户开展合规尽职调查以及设计合规计划方面拥有丰富的经验。他在处理涉及亚洲被告的美国民事诉讼事宜方面也具备经验。此外，朱律师亦经常协助公司和金融机构客户处理与国家机密、数据隐私和跨境数据出口管制有关的风险管理问题。朱律师的客户包括银行、医药、技术、娱乐、保险、消费品零售以及酒店业等多个行业的大型国有企业、跨国公司以及个人，其业务重点是中国、日本和东南亚地区。2019年 - 2020年《法律名人录》和2019年 - 2020年《全球调查评论》均将朱律师评为“公司调查领域的未来领袖律师”。朱律师是美富（国际）律师事务所的合伙人。在加入美富之前，朱律师在一家顶级美国律所的香港和纽约办事处任职。朱律师的母语是英文和中文。他是香港律师会的注册外国律师。