Tom Tong

Tom Tong's practice focuses on China-related transactions as well as dispute resolution matters. In his transactional matters, Tom has represented numerous Chinese companies in the acquisition of U.S. based companies in manufacturing, distribution, engineering, and other industries. Tom also advises Chinese buyers in their acquisition of U.S. based real property as well as oil and gas interests.

In litigation and arbitration matters, Tom has represented some of the most prominent Chinese companies and individuals in lawsuits in the United States, involving breach of exclusivity, fiduciary duties, payment obligations, quality defects, non-compete, and other contractual and tort claims.

Having worked with the U.S. subsidiaries of numerous foreign based parent companies, Tom is familiar with many of the important legal issues foreign executives face when initially entering the United States. His knowledge of both the U.S. and Chinese legal systems, his understanding of the Chinese economic and political systems, and his language skills and cultural sensitivity enable him to efficiently identify issues unique to Chinese clients and provide strategic solutions thereto.

Representative Corporate Transactions

• Represent Chinese companies in acquiring office buildings, a golf course property, and land for commercial development in the U.S.
• Represent a Chinese company in the acquisition of a U.S. aviation manufacturer.
• Represent a Chinese company in the acquisition of a U.S. engineering service company.
• Represent a Chinese company in its investment in a U.S. oil and gas company.
• Represent a Chinese company in its investment in a U.S. power generation company.
• Represent a Chinese chemical company in its establishment of a greenfield chemical plant project.
• Represented the first Chinese company in acquisition of U.S. helicopter engine manufacturer.
• Represented Chinese company in acquiring equity interest in U.S. oil and gas equipment distribution company.
• Represented dozens of Chinese companies in setting up their U.S. distribution subsidiaries and obtain working visas for their intra-company transferees and provide corporate governance advice on an on-going basis.
• Represented U.S. companies in acquisitions of Chinese companies to form joint ventures or wholly foreign owned enterprises in China -- including establishing a fiber glass manufacturer in Heilongjiang, a coating application JV in Hebei, a coating application JV in Jiangsu, a steel pipe JV in Jiangsu, an electronic component manufacturer WFOE in Jiangsu, a computer software WFOE in Shanghai, a food processing JV in Shandong, a construction material manufacturing WFOE in Shandong, a precious metal refining WFOE in Shandong, a wood furniture JV in Shenzhen, a wood floor material manufacturing JV in Zhejiang, a coating manufacturing JV in Zhejiang, and a steel manufacturing JV in Zhejiang, among others.
• Represented U.S. companies in licensing their technologies to Chinese companies -- including a medical device licensing arrangement with a company in Shanghai, the Chinese Health Ministry, and a medical device manufacturer in Shandong; the American Heart Association's licensing arrangement with the Chinese Red Cross; a lighting fixture licensing agreement with a Chinese manufacturer in Zhejiang; among others.
• Represented U.S. companies in setting up contract manufacturing relationships with Chinese companies -- including U.S. medical device company contracting with Zhejiang and Shanghai manufacturers; U.S. steel products distributor contracting with producers in Jiangsu and Zhejiang; U.S. lighting products distributor contracting with manufacturing in Zhejiang, among others.
• Represented U.S. companies in oil and gas development projects involving Chinese financing partners.

Representative International Dispute Resolution Matters

• Represent a Chinese company in lawsuit against its U.S. based buyer for failing to pay for goods.
• Represent a Chinese company in defending its product liability lawsuit in Texas.
• Represent the U.S. subsidiary of a Chinese company in its tortious interference lawsuit in Texas.
• Represent a Chinese company in shareholder disputes in connection with the underlying company's financing activities.
• Serve as a Receiver in an SEC investigation of investment fraud case involving 200+ Chinese investors/victims.
• Manage matters with more than 2,000 investors/victims in Taiwan in an SEC investigation of securities investment fraud case.
• Defended Sinopec and some of its affiliates in a case filed in a federal court in Houston, Texas with a claim of over $1 billion.
• Defended affiliates of CNPC in a case field in a Texas state court with a multi-million dollar tort claim resulting from an international drilling accident.
• Defended affiliates of Sinochem in several cases filed in federal and state courts with multi-million dollar claims in connection with their export transactions.
• Defended a Chinese individual in a lawsuit in a Texas state court with a claim of over $20 million resulting from a dispute over marital asset division.
• Defended a Chinese software company based in Beijing in a lawsuit filed with a $1 million claim in a shareholder dispute.
• Defend various Chinese companies in suits involved in payment and product quality dispute.