Frank Xue focuses his practice on cross-border transactions and corporate matters. He assists Chinese clients in connection with foreign direct investments, mergers and acquisitions, private equity/venture capital, as well as corporate structuring and governance, commercial contracts, labor and employment, and immigration matters in the United States. He also advises Chinese companies that are contemplating pursuing a US strategy, as well as those companies that are currently doing business in the US or with US-based businesses.
Frank has experience working with a variety of US-based companies in connection with their business activities in China, including joint venture structuring and documentation, negotiation and drafting of sales, distribution, manufacturing, and agency agreements, intellectual property protection and technology transfer, foreign exchange control, and Chinese regulatory and approval matters. He also assists with anti-corruption investigations and compliance as well as CFIUS filings and export and sanction compliance research.
Frank previously worked in a law firm in Shanghai, China.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Foreign Direct Investment (FDI)
- Assisting a leading Chinese EV parts company in connection with its foreign direct investment in USA including corporate governance, real estate, environmental, immigration, and business counseling
- Assisting a leading Chinese petrochemical manufacturing company in connection with its $100 million foreign direct investment in US including corporate governance, real estate, environmental, immigration, trade compliance and business counseling.
- Represented a Chinese heavy equipment parts company in connection with its foreign direct investment in the US.
- Assisted a leading Chinese garment manufacturing company with its $410 million foreign direct investment in the State of Arkansas, including immigration and other business matters.
- Represented a major Chinese tile and ceramic manufacturing company in connection with its operations in the US, including commercial contracts, immigration, labor and employment, and business compliance matters.
- Assisted a top Chinese auto parts company with its 80 million foreign direct investment in the United States.
- Represented a public pharmaceutical company in connection with its $60 million foreign direct investment in the United States as well as its operations in U.S. including trade compliance, government incentives negotiation, real estate, corporate governance and business counseling.
- Assisted a leading Australia-based multinational rubber tracks manufacturing company in connection with its $25 million foreign direct investment in the United States as well as its operations in U.S. including real estate, corporate governance and business counseling.
- Represented a public precision manufacturing company in connection with its $23 million foreign direct investment in the United States as well as its operations in U.S. including trade compliance, government incentives negotiation, business contracts, corporate governance and business counseling.
- Assisted a top Chinese real estate company with its 25 million foreign direct investment in the United States. including real estate, corporate governance and business counseling.
- Assisted a leading China-based multinational cabinetry manufacturing company in connection with its foreign direct investment in the United States as well as its operations in U.S. including trade compliance, business contracts, real estate, corporate governance, trade strategies, litigation assistance and business counseling.
M&A, PE/VC and Corporate
- Assisted a leading US information company in connection with its $450 million acquisition by a NASDAQ listed company.
- Assisted a Singaporean company in connection with its acquisition of a global healthcare technology company.
- Assisted a leading public pharmaceutical company in connection with forming a $50 million joint venture with US company to co- develop antibody products in US.
- Assisted an international paper company in connection with its contemplated acquisition of a $50 million paper mill in USA.
- Assisted a US-based world leading pet supplier company in connection with its $15 million acquisition of a Chinese company.
- Assisted a leading memory chip company in connection with its acquisition of the intellectual property from a major US technology company and establishment of U.S. operations including entity formation, business contracts, corporate governance, tax and business counseling.
- Assisted a leading EV battery company in connection with its equity investment in US.
- Assisted a global home appliance in connection with its IPO in Hong Kong, mainly responsible for the due diligence on entities in US, Italy, Japan, Thailand, and France.
- Represented major Chinese owned private equity fund with financing and establishment of U.S. operations post acquisition of the battery division of a major auto manufacturer.
- Assisted a leading PE firm in connection with its US fund formation and fundraising activities in US.
- Represented a leading public Chinese pharmaceutical company in connection with its exclusive license and technology transfer projects with US universities.
- Assisted a leading U.S. architecture firm in connection with its WFOE structuring and regulatory and approval matters for its hospital projects in China
Commercial Contracts
- Assisting a leading acoustic testing equipment company in connection with the negotiation and drafting of distribution agreement with US distributors.
- Assisted a leading solar energy company in connection with negotiation and drafting of supply and manufacturing agreement with foreign manufacturer.
- Assisted a leading renewable energy company in connection with the negotiation and drafting of distribution agreement in US.
- Represented a leading US LED company in connection with negotiation and drafting of supply and manufacturing agreements with several companies.
- Assisted a global petrochemical manufacturing company in connection with negotiation and drafting of agency agreements.
- Assisted a public chemical company in connection with negotiation and drafting of its US agency agreement.
- Represented a US healthcare company in connection with the negotiation and drafting of services agreement with foreign healthcare company and hospital.
- Represented a leading public pharmaceutical company in connection with the negotiation and drafting of exclusive license agreements and technology transfer agreements with US universities.
CFIUS, International Trade and Trade Compliance
- Assisted a top Chinese home appliances company in connection with US economic and trade sanctions compliance programs.
- Assisted a world leading pet supplier company in connection with its reclassification of the HTS codes for its parts and products.
- Assisted various Chinese companies in connection with CFIUS issues under various business and M&A transactions
- Assisted various US manufacturing companies in connection with their US tariff exclusion applications
Professional & Civic Engagement
- Member, District of Columbia Bar Association
- Member, Tennessee Bar Association
- Member, Nashville Bar Association
- Member, American Bar Association
- Board Member, Greater Nashville Chinese Association
- Member, Tennessee Chinese Chamber of Commerce
- Co-founder and Member, Tennessee Immigrant and Minority Business Group
Thought Leadership
Publications
- Co-author, "What the Regional Comprehensive Economic Partnership Agreement Means for U.S. and Foreign Companies," Global Trade, January 4, 2021
- Co-author, "How China's New Export Control Law May Impact Your Business," Global Trade, November 2020
- Co-author, "INSIGHT: Coronavirus Poses Contract, Employment Issues for U.S. Businesses," Bloomberg Law, February 2020
- Co-author, "Winter 2019 U.S.-China Cybersecurity Update," Global Trade, November 2019
- Co-author, "The U.S. China Trade War Will Continue Hurting the U.S. Economy," Manufacturing.net, November 2018
Presentations
- Speaker, "Chinese Investment in the U.S. Challenges and Solutions – Entity Choice," U.S. Market Entry, Trade Compliance, Tariffs, and CFIUS, Fangda Partners, Shanghai, China, December 2018
- Speaker, "Chinese Investment in the U.S. – CFIUS and Trade Sanctions," Shandong Corporate Legal Risk Association, Jinan, Shandong Province, China, December 2018
- Speaker, "New Updates on CFIUS and Trade Sanctions and Chinese Investment in the U.S.," Jointide Law Firm, Qingdao, Shandong Province, China, December 2018
- Speaker, "Chinese Investment in the U.S. – CFIUS, Trade Sanctions and Entity Choice Challenges and Solutions," Association for Corporate Growth (ACG), Shanghai, China, December 2018
- Speaker, "Current Trade Relationship Between U.S. and China and Chinese Investment in U.S. – Challenges and Solutions," presentation to five major local law firms in Jinan and Qingdao, Shandong Province, China, October 2018
- Speaker, "U.S.-China Trade Relationship and Chinese Investment in U.S.," Shandong Qingdao Bar Association, Qingdao, Shandong Province, China, October 2018
- Speaker, "U.S.-China Trade And Chinese Investment in the U.S. Challenges and Solutions," Haier University, Qingdao, Shandong Province, China, October 2018
- Speaker, "Guide To Doing Business In Tennessee, Osaka Chamber of Commerce and Industry," Osaka, Japan, October 2018
- Speaker, "Five Challenges Chinese Businesses Face in U.S. and Solutions," Zibo, Zibo Arbitration Center, Zibo, Shandong Province, China, June 2018
- Speaker, "Investment in U.S. – Challenges and Solutions for Chinese Companies," Shandong Corporate Legal Risk Association, Jinan, Shandong Province, China, June 2018
- Speaker, "Investment in U.S. – Challenges and Solutions for Chinese Companies," Weihai Arbitration Center, Weihai, Shandong Province, China, June 2018
- Speaker, "U.S. Trade Sanctions and Trade Compliance Programs for Chinese Companies," Association for Corporate Growth (ACG), Shanghai, China, June 2018
Honors & Awards
- Recognized in Best Lawyers: Ones to Watch in America (BL Rankings), Mergers & Acquisitions Law, 2023
Languages
- Mandarin
- Cantonese
