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In today’s globalized economy, it is not surprising that many cross-border disputes involve parties and witnesses located in mainland China. U.S. litigators involved in such disputes should be mindful of the restrictions on taking depositions in China. In U.S. litigation, arguably the most important discovery device is the deposition – the asking of questions under oath. Depositions provide litigants the opportunity to subject hostile witnesses to cross-examination under oath and ask the same questions that would be asked at trial. There are significant logistical difficulties in taking the deposition of witnesses who reside in countries located outside the United States,…
The China Docket Report
On August 7, 2018, the United States District Court for the Central District of California denied a motion for attorneys’ fees in connection with a petition to confirm an arbitration award issued by the Shanghai International Economic and Trade Arbitration Commission (“SHIAC”). On May 2, 2017, SHIAC issued an RMB 46 million award in favor of petitioners Liu Luwei and Lv Dezheng against respondent Phyto Tech Corporation. After Phyto Tech unsuccessfully attempted to have the award vacated by a Shanghai court, in March 2018 petitioners filed a petition to confirm the award in California federal court. On June 18, 2018,…
On July 25, 2018, Chinese EB-5 investors filed a class action complaint in the United States District Court for the District of Columbia against the United States of America, the State Department, the Secretary of State, and a Deputy Assistant Secretary of State. Plaintiffs allege that the Department of State reduces the number of visas available for EB-5 investors by unlawfully counting the spouses and children of EB-5 investors against the EB-5 quota. In 1990, Congress established a quota of EB-5 visas for foreign entrepreneurs who invest $1,000,000 in a new U.S. business or $500,000 if the investment project is…
Since 2013, Cellular Communications Equipment LLC (“CCE”) has filed a series of patent infringement cases against global telecommunication companies such as HTC America, AT&T, Verizon, Sprint, LG, Samsung, and ZTE Corporation (“ZTE”). In 2016, CCE filed a lawsuit against ZTE and its US subsidiary, ZTE (USA), Inc. in the United States District Court for the Eastern District of Texas, alleging that ZTE infringed several of CCE’s patents. ZTE sought summary judgment based, on among other things, its contention that CCE had not come forward with any evidence showing that ZTE (as opposed to ZTE(USA)) made, used, offered to sell, or…