Eric Szweda, Hong Kong Office Managing Partner, is a qualified Hong Kong solicitor and an American attorney. Mr. Szweda's engagements include litigation in the national courts and international arbitrations. His practice is overwhelmingly transnational, with cases currently venued in or involving Hong Kong, China, the United States and Europe and governed by numerous different laws and legal systems including English, Hong Kong, American, Chinese, Mexican, and Swiss law. The editors of the Asia-Pacific Legal 500 refer to Mr. Szweda as a "seasoned litigator" in their 2008/2009 review of the prominent Hong Kong legal practices.

Mr. Szweda also counsels clients, in conjunction with his colleagues, on investments and operations in Asia, with a particular focus on strategies for protecting intellectual property, and also advises on the extraterritorial effect of various laws of the United States pertaining to worldwide operations.

Representative Experience
Asia-Pacific Investment and Trade Practice
In conjunction with his colleagues in the Hong Kong and Shanghai offices, Mr. Szweda assists clients with investing and operating in Hong Kong and China, procuring goods and services in the region, and protecting their intellectual property. His work has included, for example, assisting a pre-eminent U.S. auto parts retailer with setting up sourcing/procurement operations in Shenzhen, China, assisting clients with negotiations and development of supplier agreements with Taiwanese and Chinese manufacturers, and assisting clients with corporate compliance and employment issues in Hong Kong.

As a part of Mr. Szweda's Asia-Pacific practice, and as an American-trained lawyer, he advises on the extraterritorial effect of various U.S. laws including the Foreign Corrupt Practices Act, the U.S. antitrust laws, and certain U.S. employment laws.

Commercial Contracts
Mr. Szweda litigates, arbitrates or mediates complex corporate commercial disputes in many different countries. His experience includes the following:

Arbitrating case in Hong Kong under UNCITRAL rules arising out of dispute concerning investment made in a Chinese biotechnology company by a U.S. private equity fund. Claims include alleged breach of a share purchase agreement, fraud, and unjust enrichment.

Filed suit in Hong Kong courts on behalf of U.S. manufacturer of semiconductor wire against a Hong Kong company falling behind in payment on orders in an amount exceeding 1 million (USD). Settled case at nearly full value of claim.

Defended Taiwanese LCD manufacturer in federal district court in U.S. against a series of claims arising from the separation from its U.S. distributor following an aborted merger. Litigation involved various terms of the merger agreement and ultimately settled favorably on eve of trial after court granted client's motion to strike plaintiff's damages expert, thereby eliminating purported evidence of most of plaintiff's lost profits damage claim.

Part of team that successfully defended European pharmaceutical company in federal district court in North Carolina against claims of breach of contract and fraud brought by a medical device manufacturer arising out of a joint development agreement for a new blood testing device.

Defended multinational manufacturer client in trial against breach of contract claim, valued by plaintiff at 62.5 million (USD). Case centered on whether the parties had reached a binding final agreement. Plaintiff was awarded nothing at trial in federal district court based on the finding that the parties had not reached an agreement on all essential terms.

Represented multinational forestry and wood products company in mediation with European raw materials handling machinery conglomerate involving plant equipment designed in France, with subassemblies manufactured in Germany. Through mediation, obtained for client replacement of multimillion dollar equipment exceeding in value ten million (USD). Mediation involved parties from Denmark, France and U.S.

Have argued nearly forty injunctions/provisional relief actions arising out of an array of commercial matters.

Intellectual Property
Mr. Szweda litigates or advises on an array of intellectual property matters, inlcuding the following:

Overseeing patent infringement case brought in China against client, an electrical products manufacturer with operations in China, along with patent invalidation case brought by client in an attempt to invalidate the Chinese patent issued to opposing party.

Advised one of the world's largest retailers on the design and implementation of a process for evaluating whether products under design and to be sourced in China potentially infringe the intellectual property rights of others.

Successfully defended a leading U.S. medical device maker in federal district court in Illinois against false advertising claims arising out of advertising promotions based on research studies, and through filing of a counterclaim, forced plaintiff competitor to change its website advertising.

Litigated employee inventor suit, obtaining a favorable settlement for the patent inventor against his former employer, a telecommunications company.

Filed suit on behalf of advertising industry recruiting firm against competitor with a confusingly similar name, forcing competitor to change its company name as part of a settlement. Case also involved establishing jurisdiction over an internet based recruiting firm with no physical presence in suit jurisdiction, at time of filing, and at any time prior to filing.

Filed suit in State of Ohio on behalf of prominent autoparts company and through settlement forced competitor to change its packaging designs.

Have helped to develop joint development agreements identifying the respective intellectual property rights and ownership interests in equipment being jointly designed and developed by an equipment manufacturer and the product manufacturer, utilizing the equipment to produce goods.

Software Design and Development
Mr. Szweda has handled several matters arising out of disputes over the design, development and implementation of software, largely multi-million dollar enterprise software projects.

Banking, Securities and Finance
Mr. Szweda obtained a complete defense verdict in a two week jury trial in federal district court on behalf of one of the U.S.'s largest national banking institutions. The plaintiffs, including three corporations, were banking customers of client. Plaintiffs claimed that client improperly handled accounts, including by wrongfully taking over a million dollars out of their accounts to exercise a set off of the bank’s losses arising out of a money laundering scheme. Plaintiffs asked the jury to return a verdict of over 150 million (USD) in damages. Plaintiffs awarded nothing.

In a state court action, tried case against banking institution on claim that bank improperly called a letter of credit arranged by client as a guarantee. Favorably settled case during jury deliberations.

Litigated and arbitrated disputes over the financing terms of aircraft and disputes arising out of the early return of aircraft.

Obtained the voluntary dismissal of the Chair of the Finance and Audit Committee of a publicly traded U.S. company in a shareholder's suit alleging securities fraud.

Obtained summary judgment in favor of a founding company director in suit alleging fraud in the sale of shares in a private start-up venture.

Procurement
Mr. Szweda represented leading Japanese mainframe computer maker against leading U.S. mainframe computer maker in dispute over whether client was selected properly in a state government procurement in the U.S., the value exceeding ten million (USD).  Case proceeded to trial with our client being found to have been awarded properly the contract at issue.

Products Liability
Part of trial team, supervising up to eighty legal professionals, defending prominent American pharmaceutical company in the largest products liability action in U.S. history.

Obtained through mediation a multi-million dollar settlement from a heavy equipment manufacturer and its distributor on a design defect claim. The claimed defective design caused a fire to ignite inside a warehouse.

Employment/Discrimination
Mr. Szweda advises companies operating in Hong Kong on the application of Hong Kong's Employment Ordinance and Mandatory Provident Fund Scheme.

He also has advised on and litigated the scope and validity restrictive covenants in employment contracts, and in connection with the sale of businesses.

Obtained a million dollar plus settlement in suit brought on behalf of plaintiffs alleging racial discrimination against global telecommunications company after federal district court rejected defendant company's motion for summary judgment.

Successfully defended at trial company president accused of sexual harassment by former employee.

Presentations and Speaking Engagements
"When A Problem Arises: Will You Be Pleased With The Contract You Signed?" 2010 ACAMIS Spring Conference, 13 March 2010, Hong Kong

"Anti-Corruption Challenges Facing In-House Counsel: Recent Developments and Practical Advice for Common Scenarios and Compliance Programs", Joint Program of the American Chamber of Commerce in Hong Kong and the Hong Kong Corporate Counsel Association, 22 June 2009, Hong Kong

"Conducting International Arbitration", Association of Corporate Counsel, Greater New York Chapter, 3 April 2009, New York City

"Extraterritorial Application of the United States Employment Laws: What Does This Mean for US Companies and Related Entities Doing Business in Asia?", American Chamber of Commerce Law Committee Seminar, 9 October 2008, Hong Kong

"Protecting Your Company Information in the Electronic Age: Balancing Access and Limiting Risk", American Chamber of Commerce in Hong Kong, 25 April 2008, Hong Kong

"How To Draft International Arbitration Clauses", Troutman Sanders University Seminar, 19 February 2008, Atlanta

"The Development of Intellectual Property Rights Law in Hong Kong and China in 2007", LexOmnibus Seminar, 28 January 2008, Hong Kong

"Arbitration and ADR in Hong Kong." Seminar jointly given by Christopher To, then Secretary-General of the Hong Kong International Arbitration Centre, and Eric Szweda to the Hong Kong Corporate Counsel Association, 20 June 2007, Hong Kong

"Doing Business in China: The Ethical Landscape", J. Mack Robinson School of Business at Georgia State University Seminar, 28 July 2007, Atlanta

"Recent Developments in PRC Intellectual Property Laws and Regulations" and "Recent Developments in Hong Kong Intellectual Property Law", Asian Legal Business' Workshop Series, Spring 2006, Legal Lab, 16 March 2006, Hong Kong

"Limiting Consequential and Punitive Damages in Commercial Dealings: The Issues." State Bar of Georgia's Annual Contract Litigation Seminar, 26 August 2005, Atlanta

"How to Manage the Arbitration Process", presented at the 10th Annual ADR Institute and the 2003 Neutrals' Conference, 20-22 November 2003, Atlanta

Papers on arbitration also presented at the Better Advocacy in Arbitration: Developments in Arbitration Law, Ethics and Practice Seminar, sponsored by the State Bar of Georgia and the Atlanta Bar Association, 4 March 2004, and at Best Practices and Recent Developments in Arbitration sponsored by the State Bar of Georgia and the Atlanta Bar Association, 3 March 2005

Publications
Co-Author, Analysis of the Supreme Court of China’s "Specific Law Application Issues Concerning Trials of Disputes over Infringement upon Rights to New Varieties of Plants," China Law and Practice, Vol. 21, No. 2 (March 2007)

Contributing Author, Georgia Jurisprudence and Procedure (West Publishing Co. 1995)

Co-Editor, Trade-Related Aspects of Intellectual Property (Hein & Co. 1991)

Co-Author, "An Embattled Profession: The Role of Lawyers in the Regulatory State," 14 U.N.S.W.L.J 8 (1991) (with David Partlett, Dean of the Emory University School of Law).  In this article, we explore aspects of the state’s relationship with the citizen, particularly the role of the professional. The article draws on fiduciary law and the role of regulation.