Nathan Bush

Anti-bribery and Anticorruption

• Represented MKS in obtaining antitrust clearance in China, South Korea, Taiwan, Vietnam, and Indonesia of its US$ 5.1 billion acquisition of Atotech.
• Advised international consumer goods company in responding to resale price maintenance investigation by China’s State Administration of Market Regulation.
• Represented Time Warner in Chinese merger review of its USD85bn purchase by AT&T.
• Advised global medical devices supplier in investigating alleged bid rigging schemes in China.
• Advised leading international insurance brokerage firm in securing Vietnamese antitrust clearance of its acquisition of a competitor.
• Advised life sciences company in investigating whistleblower allegations of resale price maintenance schemes in China.

International Trade, Sanctions, Export Controls & National Security

• Advised leading Asian energy firm regarding sanctions affecting the Russian energy sector.
• Advised Japanese technology company in gap assessment of trade compliance, customs compliance, and trade agreement optimization practices in Japan, China, South Korea, India, and ASEAN member states.
• Advised Asian shipping company on gap assessment of sanctions and export control compliance policies and procedures and subsequent remediation. 
• Represented Asian Business Process Outsourcing (BPO) company in Committee on Foreign Investment in the U.S. (CFIUS) review of the sale of its U.S. healthcare sector operations to an Asia-based financial institution.
• Represented US publishing company challenging Chinese restrictions on market access for foreign publishers and publications in support of successful US claims before WTO panel and WTO Appellate Body.

Anti-bribery & Anticorruption

• Conducted internal investigations of potential liability under the U.S. Foreign Corrupt Practices Act (FCPA) and local anticorruption and antibribery (ABAC) rules involving: 

– of politically connected persons by a financial institution in China.

– government relations practices of a life sciences company in the Philippines.

– marketing and customs clearance practices of a U.S. issuer in Singapore, China, Indonesia, and Malaysia.

– hiring of relatives of politically connected persons by a financial institution in China.

– clinical trials in China by a pharmaceutical company.

– use of intermediaries by a financial institution in Indonesia.

Fraud and Corporate Misconduct

• Advised a financial institution in connection with a Monetary Authority of Singapore investigation into misconduct by foreign exchange and interest rate traders.

• "Chinese Antitrust in the Trade War: Casualty, Refugee, Profiteer, Peacemaker” 
• ABA Antitrust Law Journal, Dec 2, 2021
• "The Amended PRC Anti-Monopoly Law: Prioritizing Abuse of Dominance in Digital Markets and IP Licensing”, China Law & Practice, Aug 12, 2022
• "Refining the Rules against Monopoly Agreements,” China Law & Practice, Aug 5, 2022
• "Chinese Merger Review: The Amended AML and Proposed Regulatory Revisions,” China Law and Practice, Jul 22, 2022

• “ABAC & Antitrust: Southeast Asia”, ACI’s “APAC & Latin America Regulatory And Enforcement Update”, Washington, D.C., December, 2019
• “Bribery, Corruption & Money Laundering, Oh My!: Strategies for Mitigating Risk through Diligence, Negotiation & Integration,” ABA, "Asia-Pacific Forum: Navigating the Life Cycle of a Cross-Border Deal", Hong Kong, October 2019
• “A Life Sciences Roadmap to Legal and Compliance in China: The Most Misunderstood Anti-Bribery, Trade, Blocking Statue, Data Security, Privacy, and Antitrust Requirements” ACI’s “Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry”, New York June 2019
• “Malaysia Government Anti-Corruption Updates: Understanding What is on the forefront for Anti-Corruption Compliance for Organizations Conducting Business In Malaysia”, ACI “7th Asia-Pacific Summit on Anti-Corruption Compliance and Risk Management” Conference, Singapore October 2018
• “Gifts, entertainment and sponsorship”, ACI “6th Asia-Pacific Summit on Anti-Corruption Compliance and Risk Management” Conference, Singapore, October 2017
• “The Anatomy of a Corruption Investigation in China”, ACI’s “11th Advanced Forum on FCPA & Anti-Corruption in the Life Sciences Industry, New York, June 2017