Xiao is a partner of Quinn Emanuel’s Shanghai office and Chair of the firm’s China Practice. A Chinese lawyer trained as a U.S. litigator, Xiao has built a unique practice focusing on representing China-based companies and individuals in litigation and government enforcement actions in the United States and advising multinational companies in internal investigations and enforcement matters relating to anti-corruption—particularly the Foreign Corrupt Practices Act—and other compliance matters in Asia.
Xiao is battle-tested in all stages of litigation proceedings in federal and state courts in the U.S., including dispositive motions, depositions, jury and bench trials and appeals. He is particularly experienced in issues that uniquely affect cross-border litigation involving Chinese parties, such as service of process, jurisdiction, extraterritorial application of U.S. statutes, judicial assistance, and cross-border discovery.
Back in 2013, Xiao was a member of a four-person trial team that won a bench trial in the Southern District of New York for a French conglomerate, which set the first precedent in a public market purchase case where the defendant successfully rebutted the fraud-on-the-market presumption. Focusing on representing China-based businesses in recent years, Xiao has been a key member of defense teams for a long list of leading Chinese companies, having won dismissals and favorable settlements in U.S. litigations for companies such as Bank of China Limited, the Anta Sports Products Ltd., Weibo Corp., Youku Tudou Inc., Jumei International Holding Ltd., VIPShop Holdings Ltd., ChinaCache International Holdings Ltd. and AirMedia Group Inc. In January 2020, Xiao was recognized in The American Lawyer Litigation Daily’s “Litigator of the Week” report for successfully defending five major Chinese state-owned banks in a U.S. federal court against a motion seeking sanctions of USD 130 million.
Xiao also handles government enforcement actions and internal investigations on behalf of Chinese and multinational companies. He has been involved in resolving enforcement actions brought by the United States Department of Justice (DOJ), Securities and Exchange Commission (SEC), the Federal Reserve, and Financial Industry Regulatory Authority (FINRA), and various Chinese authorities. His clients have included multinational companies, Chinese companies (both state-owned and non-state-owned) and individuals from diverse industries including pharmaceuticals, energy, manufacturing, media & entertainment, internet, technology, education, automobile, and financial services. He also frequently advises on compliance/internal control programs. Xiao was recognized as a leading practitioner in the field of corporate investigations by Chambers & Partners Global and Chambers & Partners Asia, which lauded him as a “rising star” in the China market for his “expertise in FCPA investigations and enforcement matters.”
Xiao also has experience in international arbitration matters, particularly those involving Asia- based parties.
Xiao completed a half-year internship with the Chinese Supreme People’s Court (No. 4 Civil Division) and a judicial externship with the Honorable Judge Rosemary M. Collyer of the United States District Court for the District of Columbia. While maintaining his practice, Xiao has taught an introductory course on U.S. civil litigation at Peking University Law School and is frequently invited to lecture at universities and industry organizations on topics relating to the FCPA, commercial disputes, anti-bribery, internal controls and U.S. litigation.
- Class Action Litigation
- Data Privacy & Security
- Domestic U.S. Arbitration
- Government & Regulatory Litigation
- Intellectual Property Litigation
- International Arbitration
- Investigations, Government Enforcement & White Collar Criminal Defense Practice
- Media & Entertainment Litigation
- Mergers & Acquisitions Litigation
- Securities Litigation
- Transnational Litigation
- Artificial Intelligence
- Harvard Law School
(J.D., cum laude, 2010)
- Cambridge University
- Peking University Law School
- Skadden, Arps, Slate, Meagher & Flom LLP (Beijing & New York):
- Counsel; Asia Pacific Counsel, 2017-2018
- Associate, 2013-2018
- Cravath, Swaine & Moore, LLP (New York):
- Associate, 2011-2013
- Associate, 2011-2013
- Fangda Partners (Beijing):
- Associate, 2010-2011
- Adjunct Visiting Professor, Peking University Law School (taught Introduction to Civil Litigation in the United States)
- Frequently lectures in both Chinese and English on topics relating to the FCPA, anti-corruption, internal controls and U.S. litigation