Progressive Policies and Trade Agreements Facilitate Cross-Border Litigation in China

Although trade between China and the United States has been steadily increasing and western business practices are becoming more prevalent in the east, especially in Hong Kong and Beijing; there are still huge cultural differences that continue to complicate their business relationships.

Since the US has the world’s largest economy and China is ranked second, there are many challenges raised by economic engagement. By ensuring strategic trade agreements, policies and regulations are continually updated and redrafted to adequately ensure fair and equitable business practice. These agreements and regulations help address other issues arising from modern day trade between these two economic superpowers. Cross-border litigation in China is facilitated and there is more international recognition of policy enforcement.

The first China-U.S. Strategic Economic Dialogue was held in China in December of 2006. U.S. Treasury Secretary Henry Paulson and PRC Vice-Premier Wu Yi led the dialogue that focused on China’s exchange rate flexibility, the bilateral trade imbalance, intellectual property rights violations, energy and the environment.

These talks were critical in cultivating and sustaining positive, progressive relations between China and the US. Communication between the two countries helped maintain a successful business climate that opens investment opportunities for the US and China as well as the many international businesses investing in both markets.

Some of the issues posing a threat to U.S. industries that were discussed at the 2006 China/U.S. trade talks and continue to this day to be considered for policy review are the following:

  • Imports from China are increasing at such an accelerated rate that they are substantial causes of serious injury.
  • Imports from China may be dumped, subsidized, or unfairly aided by Governmental entities in China.
  • Beijing’s policy of maintaining an undervalued currency results in unfair advantage.
  • China has a poor record of adopting or enforcing internationally recognized standards for working conditions and environmental regulation.

As imports from China continue to surge, law firms able to provide attorneys specializing in protecting US Corporation’s overseas interests in cross-border litigation with China are more important than ever. The Law Firm of Hornberger and Brewer provide expert litigators who represent foreign companies and individuals in the following areas:

  • Cross-Border Commercial and Business Litigation
  • Legal Advisory Services
  • Cross-Border Commercial Claims
  • Breach of contract
  • Fraud
  • Interference with Contract
  • Misappropriation of Trade Secrets
  • Other Business Related Torts

HGB Law has collected a multitude of judgments in favor of US companies and often secures pre-judgment attachments, restraining orders and preliminary injunctions. They also have significant experience in setting aside transfers of assets made to avoid judgment creditors and locating assets for the purpose of collection. Often, a foreign company has obtained a judgment in another jurisdiction against a US based company and/or individual. HGB Law provides lawyers with vast experience in domesticating foreign judgments to facilitate collection efforts in favor of US based companies and individuals.

HGB Law also provides language facilitation in Mandarin, Cantonese, Russian, Spanish and Latvian.

Verdicts & Settlements

  • $33 Million verdict Wrongful death action against O.J. Simpson
  • $19 Million verdict Malicious prosecution action against Chinese importers
  • $6.8 Million verdict Business fraud & conversion case representing a Russian company
  • $6.5 Million settlement Breach of contract action against multinational corporation resulting in a $6,500,000.00 settlement
  • $5.3 Million verdict Business fraud and breach of contract case
  • $4.7 Million verdict Wrongful death / Fraudulent transfer case representing both American and Ukrainian residents
  • $4.7 Million settlement Liver Transplant case for wrongful death of Saudi Arabian citizen
  • $3.1 Million binding arbitration Personal injury's head on collision
  • $2.0 Million settlement Fraudulent transfer case
  • $2.0 Million settlement Independent Sales Organization for alleged breach of contract claim
  • $1.75 Million settlement Shareholder in connection with corporation shareholder dispute
  • $1.5 Million settlement Fraud and breach of contract case
  • $1.5 Million Judgment Breach of contract and defamation action resulting in default judgment collected
  • $1.3 Million verdict Employment and breach of contract case
  • $1.2 Million verdict Misappropriation of trade secrets and indemnity claim
  • $1.0 Million settlement Employment termination and breach of contract case

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