Loeb & Loeb's China Litigation, Enforcement and Arbitration Response (CLEAR) Team represents U.S.-listed China-based companies and their officers and directors, along with financial institutions and intermediaries involved in complex securities litigation, arbitrations and regulatory proceedings. In the current market, heightened U.S. regulatory scrutiny of the conduct of Chinese businesses has given rise to an increase in accounting and fraud-related regulatory investigations and enforcement actions, as well as civil litigation. U.S.-listed China-based companies that have gone public by means of reverse mergers with U.S. shell corporations have been under particular attack, faced with a wave of allegations from short sellers, NASDAQ and the SEC, and the securities class action plaintiffs' bar, as well as resulting disputes with U.S.-based private equity investors. As the regulatory climate becomes more strict and continues to put greater pressure on the industry, Loeb & Loeb’s CLEAR Team works with China-based clients and intermediaries to provide aggressive, quality and focused representation to deter or defend contested securities matters or seek appropriate remedies where the circumstances permit.
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Our team has vast experience litigating securities class actions and derivative actions, from pleadings through trials and appeals, as well as regulatory investigations and enforcement proceedings. We have handled hundreds of securities arbitrations before the Financial Industry Regulatory Authority and other self-regulatory organizations.
Our CLEAR Team attorneys also routinely help China-based clients prepare for, respond to and defend SEC and NASDAQ formal and informal investigations. We advise clients on the development of compliance policies and best practices to prevent accounting and fraud-related allegations, provide crisis management counseling, and help retain and coordinate with experts in accounting and other specialized areas as needed. We have also represented several of the major accounting firms in securities-related professional responsibility lawsuits. Additionally, as the going-private trend continues among China-based public companies, our CLEAR Team has substantial experience representing all of the various participants – management, directors, offerers and issuers – in shareholder class action lawsuits challenging these transactions.
Loeb & Loeb’s defense attorneys have also been retained by numerous China-based companies to conduct internal or independent investigations for the board, audit committees, independent directors or in-house counsel. We have conducted major investigations of fraud, embezzlement and other business crimes, and we have served as or represented court-appointed trustees, independent board committees, monitors and receivers of entities victimized by fraud. When an investigation reveals misconduct, we help minimize damage and assist in bringing equitable or monetary claims against those responsible to obtain the best possible recovery for the company.
Loeb & Loeb has had a thriving capital markets practice in China for over 15 years, as well as years of experience dealing with the SEC in both adversarial and cooperative capacities. Our collective experience comes not only from trying and arbitrating hundreds of cases, but also from the prior experience of our team members, including former assistant U.S. attorneys, assistant district attorneys, general counsels and managers in the securities industry. With this inside perspective, we are able to assess cases early, pursue mediation avenues and provide robust counsel to our clients in China and internationally. Our standing in the market has been recognized by Thomson Reuters
, which cited Loeb & Loeb as among the market-leading defense firms for Chinese companies facing accounting fraud investigations and securities class actions.