THE APA LAWYER IN THE ASIA PRACTICE

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Presentation transcript:

THE APA LAWYER IN THE ASIA PRACTICE   Panelists Amy Chang Lee, U.S. Department of Justice David Cheng, Partner, Nixon Peabody LLP Nobuhisa Ishizuka, Partner, Skadden, Arps, Slate, Meagher & Flom LLP Alex Young K. Oh, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Moderator Ronald Cheng, Partner, O’Melveny & Myers LLP 2017 National Asian Pacific American Bar Association Convention Washington, DC

AmLaw 100 Firms in Asia by City (2016)

Issues in 2017 Foreign direct investment (FDI) into the United States The Asian geopolitical environment after TPP Security issues in Northeast Asia and the South China Sea China’s economic situation Emerging markets in Southeast Asia Human rights

Asian Legal Environment and Culture: Assumptions or Fact? Corruption and lack of transparency Unequal treatment (“local protectionism”) Concepts particular to individual countries: Losing face “Guanxi” Entertainment How accurate are these assumptions?

Expectations by Non-Asians of APAs in the Asia Practice Foreign language Culture Developing Business / Developing the Relationship Do expectations differ depending on who is making the decision? Cases in point: the “first timer in Asia,” the “China hand” “Security” issues – are these concerns genuine or not? Does this depend on the area of practice: private practice v. government litigation v. transactions

Expectations by Asians of APAs Gender issues While the number of female lawyers is growing in Japan, their “Big Four” only average 11% female in their partner ranks. Nationwide, in Japan, 18% of all lawyers are women. Increasingly more common for women to have a seat at the table, and to also be seated centrally in a manner that shows cultural importance as a decision maker. Foreign language Familiarity with local culture To what extent do Asians still prefer to deal with “the American”

Ways to Deal with Unequal Treatment Situation 1 Asian counterpart deals only with the “American” on your side Situation 2 Asian counterpart tries to have you intercede with your side on an issue because you have an “understanding” of the way things are done in Asia Situation 3 Your colleague treats you as if you were “local staff.” Are these products of an unconscious bias?

Office Dynamics Dealings between Asian Pacific Americans and expat attorneys in Asian offices Dealings between Asian Pacific Americans and local attorneys in Asian offices Dealings between Asian Pacific Americans and Asian expats in the U.S. Do Asian expats in the U.S. have different issues?  Do APAs understand those issues?

What to Expect When “Coming Home” One of the first questions to ask before going abroad Answer can vary depending on length of time away Pluses and minuses of acquiring specialized skills in Asia Reintegration at the firm, office and practice group levels Challenges of maintaining and continuing to build client relationships

What is the Value of the Overseas Experience?