Jacob Clark

Jacob Clark is a foreign counsel at Yuanda based in Shanghai whose extensive experience studying, living and working in China enables him to advise clients and conduct his legal practice entirely in Chinese. Jacob focuses his practice on transnational litigation and international arbitration, white-collar criminal defense, cross-border government and internal investigations, intellectual property, and international trade matters.

While at Yuanda, Jacob designs and executes litigation, investigation, and intellectual property protection strategies, and has frequently provided legal advice and support to clients and fellow attorneys on a range of cross-border litigation, arbitration, and investigation issues including international service of process, cross-border discovery, international judicial cooperation and mutual legal assistance, international comity, treaty interpretation, global brand protection and infringement defense strategies, and a wide range of public and private international law and comparative law issues. Jacob has represented Fortune 100 companies, multinationals, State-owned enterprises, and sovereign States in a variety of international legal disputes. Jacob is able to conduct his legal work in both English and Chinese.

Prior to joining Yuanda, Jacob was a Research Associate for the Yale Law School Paul Tsai China Center in Beijing, a judicial extern and law clerk for H.E. Judge Liu Daqun in the Appears Chamber of the U.N. International Criminal Tribunals for Rwanda and the former Yugoslavia in The Hague, The Netherlands, and a paralegal and legal translator at a Chinese law firm in Beijing. Jacob also has extensive experience working and studying in the U.S., China and abroad, including at the U.S.-Asia Law Institute at NYU School of Law, PILnet, and the Michigan State University College of Law Immigration Law Clinic.

Experience

  • Advised several multinational and Chinese corporations on cross-border litigation strategies, including service challenges under various treaties and comparative civil procedure laws, §1782 discovery, parallel litigation strategies and cross-border discovery.
  • Represented a Chinese pharmaceutical company in a patent litigation in the U.S. District Court for the District of New Jersey, advised on cross-border discovery and data compliance issues, drafted FRCP Rule 44.1 declaration on Chinese law interpretation related to cross-border remote depositions (unfiled), and advised on parallel trade secret allegations.
  • Represented a Taiwanese technology company in a patent litigation in the U.S. District Court for the Eastern District of Texas and successfully obtained a favorable settlement.
  • Represented a Chinese technology company in a patent litigation in the U.S. District Court for the Eastern District of Texas, advised on 28 U.S.C. 1782 discovery motion in aid of parallel Chinese litigation (unfiled) and obtained a favorable settlement.
  • Represented a Chinese individual in trademark litigation in the U.S. District Court for the Northern District of Illinois and successfully obtained a favorable settlement.
  • Represented a State-invested Chinese technology and appliance company in a patent litigation in the U.S. District Court for the Eastern District of Texas.
  • Represented multiple Chinese sellers in Amazon’s Neutral Utility Patent Evaluation patent arbitration process, 25 U.S.C. §299 joinder (unfiled) and 28 U.S.C. §2201 declaratory judgment (unfiled) in the U.S. District Court for the Northern District of Georgia, and successfully obtained a settlement and license agreement.
  • Represented a Chinese semiconductor company in a U.S. federal securities class action litigation in the U.S. District Court for the Central District of California.
  • Advised a U.S. audit firm on U.S.-Argentine civil procedure, international service issues under The Hague Service Convention and the Inter-American Convention on Letters Rogatory, and its response strategy to a third-party subpoena from an Argentine court.
  • Represented an Eastern European state against claims by an individual in a EUR 400 million investment treaty arbitration concerning the energy and mining sector under UNCITRAL Rules.
  • Represented a Spanish company in an international commercial arbitration in CIETAC under CIETAC rules.
  • Represented a Chinese state-owned enterprise in an internal investigation and joint-venture dispute involving criminal embezzlement and bribery, with potential Chinese and U.S. law implications.
  • Represented an international audit firm in its response to a third-party request for information from the U.S. Department of Justice as part of a criminal inquiry.
  • Advised a German hydropower company and several of its individual China-based employees regarding a World Bank audit concerning fraud and corruption.
  • Represented a Global 500 French company in a multijurisdictional corruption and FCPA investigation resulting in a $4 billion settlement with U.S., French and U.K. authorities, one of the largest FCPA settlement in history.
  • Represented a Fortune 500 U.S. automotive components company in a FCPA investigation led by the U.S. Securities Exchange Commission, obtaining a speedy decision from the SEC to decline further investigation.
  • Advised a Chinese technology company on cross-border data transfer issues and compliance in response to a U.S. special compliance monitor under agreement with the U.S. Departments of Justice and Commerce.
  • Represented a U.S. power and automotive tool company in an internal investigation involving FCPA and Chinese law implications.
  • Represented an international digital solutions and technology company on international trade and export control issues and led a De Minimis and export control compliance audit of its 2019-2020 transactions.
  • Advised multiple semiconductor and medical device companies and financial institutions on U.S. Department of Treasury OFAC sanctions, compliance, de-listing procedures, and alternative litigation strategies regarding securities and product licensing.
  • Acted as the Asia-Pacific legal coordinator for two Fortune 500 companies in their global restructuring, successfully managing and overseeing legal teams and various transactions in five different countries.
  • Served as a “Friendship Ambassador” for the Lansing (Michigan) Regional Sister Cities Commission and participated in an official delegation to Hohhot, Inner Mongolia, China, to further the sister-city relationship.

Activities

  • Member of Detroit Chinese Business Association
  • Member of International Council for Commercial Arbitration Young ICCA
  • Volunteer Judge of International Moot Court competitions including Phillip C. Jessup International Law Moot Court, ICRC International Humanitarian Law Moot Court, ICC Moot Court Competition and Willem C. Vis International Commercial Arbitration Moot
  • Volunteer of Chinese Initiative on International Law

Publications

Publications

  • “Vitamin C Ruling May Trigger Comity Defense Resurgence,” published by Law360, January 7, 2022
  • “An Interview with Yuanda China Law Offices Discussing Anti-Corruption in China,” published by Lexology, October 12, 2021
  • “Securities Litigation Risks for Chinese Companies Post-IPO in the U.S.,” Winston & Strawn LLP Publications, August 9, 2021
  • Servotronics and the U.S. Supreme Court: Is an Answer to the Circuit Split on §1782 Requests for Private International Commercial Arbitration on the Horizon?,” Winston & Strawn LLP Publications, April 26, 2021
  • “People’s Republic of China” chapter in “COVID-19 as a Trigger for Force Majeure: A Global Survey,” published by American Lawyer Media, June 2020
  • “World Bank Group Investigations: A Chinese Perspective,” published by Practical Law U.K., Thomson Reuters, August 28, 2020
  • “China’s International Criminal Judicial Assistance Law and the Impact on MNC Internal Investigations,” published by Practical Law U.K., Thomson Reuters, February 11, 2020
  • “The U.S.-China Trade War: The War of the Lists and How it Could Affect Your Company,” Lexology, October 28, 2019

Speaking Engagements

  • “The Impact of the PRC Data Security Law, Personal Information Protection Law, and GDPR on Chinese Enterprises, Anti-Corruption Compliance China 2021, SZ&W Group, Shanghai, China, December 2, 2021
  • “Cross-border Data Compliance under the New PRC Data Protection Regime”, C-Integrity Shanghai 2021 White Collar Crime Compliance, Teh Group, Shanghai, China, November 25, 2021
  • “Cross-border Investigations and Battle for Data Sovereignty; International Litigation and Intellectual Property and Patent Disputes,” Impact of the 2020 U.S. Elections on International Legal Practice, Winston & Strawn LLP and Yuanda China Law Office, Shanghai, China, December 10, 2020
  • “Chinese Technology Import/Export Restrictions, ITC 337 Investigations, and U.S. Export Control,” Lingang Expert Training Series, Lingang Free Trade Zone Administrative Committee, Shanghai, China, September 17, 2020
  • “U.S. Defend Trade Secrets Act, ITC 337 Investigations, and Intellectual Property Litigation,” Foreign Investment Legal Practice Class, Shanghai Chamber of Commerce, Shanghai, China, August 30, 2020
  • “Cross-border Discovery and Mutual Legal Assistance in International and Transnational Criminal Cases”, Symposium on International Criminal Law and International Humanitarian Law, China University of Political Science and Law, Beijing, China, March 27, 2019