Nathan Bush

Partner

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Nathan G. Bush (“Nate”) is an Asia-based litigator specializing in internal investigations, regulatory investigations, compliance counseling, and disputes involving antitrust and competition, fraud and corruption, and international trade policy. Through over a decade of fieldwork and regulatory projects in Asia, Nate has developed unique skills and insight into the distinct regulatory challenges and commercial climates of Asia’s diverse markets.

He has conducted more than 100 internal investigations in China, Indonesia, India, Malaysia, Japan, South Korea, Thailand, Vietnam, Cambodia, and other jurisdictions. In addition, he regularly advises clients on antitrust and compliance aspects of complex mergers and acquisitions, joint ventures, and private equity and venture capital investments. He is experienced with the specific regulatory risks of diverse industries in Asia, including the technology, media, telecommunications, semiconductor, life sciences, oil and gas, mining, aviation, heavy manufacturing, and retail sectors.

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Languages

  • Mandarin Chinese

Admissions

Bar Admissions

  • District of Columbia
  • Virginia

Education

  • Harvard University, J.D., 2000: cum laude; editor-in-chief, Harvard Asia Quarterly; Submissions Committee, Harvard International Law Journal; Harvard Asia Law Society Executive Board
  • University of Virginia, B.A., government and foreign affairs, East Asian studies (Minor), 1995: Phi Beta Kappa

Professional Activities

Clerkships

  • The Honorable Leonie Brinkema, U.S. District Court, Eastern District of Virginia

Author

  • “MOFCOM Doles Out Preventative Medicine,” China Law & Practice (May-June 2014)
  • “Simple Case Standards for Merger Review,” China Law & Practice (March-April 2014)
  • “The NDRC’s Antitrust Ascendance,” China Law & Practice (January-February 2014) 
  • “Blurring Antitrust and Anti-Corruption,” China Law & Practice (November-December 2013)
  • “The NDRC Campaigns Against RPM,” China Law & Practice (September-October 2013)
  • “Court Finds IP Licensing Violates Anti-monopoly Law,” China Law & Practice (September-October 2013) 
  • “The Perils of Resale Price Maintenance,” China Law & Practice (May-June 2013) 
  • “NDRC Penalises Global LCD Price Cartel,” China Law & Practice (March-April 2013) 
  • “Monopolistic Conduct or Entity Bribery?” (book chapter), The Chinese Antimonopoly Law: the First Five Years, Emch & Stallibrass, eds., forthcoming (2013) 
  • “SinoCFIUS: Same Wall, Same Guards, New Watchtower,” IBA Competition Law International (January 2012)
  • “Adding Antitrust to NDRC’s Arsenal,” CPI Competition Policy International Chronicle (February, 2011)
  • “Disentangling Industrial Policy and Competition Policy in China,” ABA Antitrust Source (February 2011)
  • Competition Laws Outside the United States, People’s Republic of China, American Bar Association treatise chapter, (2011)
  • “Oracle Bones: Limited Lessons from China’s Merger Rulings,” ABA Antitrust Source (October 2009)
  • “Constraints on Convergence in Chinese Antitrust,” Antitrust Bulletin (Summer 2009) 
  • “Launching into Stormy Seas,” Global Competition Review - Asia Pacific Antitrust & Trade Review (April 2009) 
  • “Chinese Antitrust: Act II, Scene 1” ABA Antitrust Source (October 2008) 
  • “Implementing China’s Antimonopoly Law," Global Competition Review - Asia Pacific Antitrust & Trade Review (April 2008) 
  • “Anticipating Chinese Antitrust Policy,” China Business Review, (January-February 2008) 
  • “China’s Antimonopoly Law: Unanswered Questions and Challenges Ahead,” ABA Antitrust Source (October 2007)
  • “China’s Antimonopoly Marathon,” Global Competition Review - Asia Pacific Antitrust & Trade Review (April 2008) 
  • “Refining China’s Draft Antimonopoly Law,” Global Competition Review - Asia Pacific Antitrust & Trade Review (April 2007)
  • “Chinese Competition Policy: It Takes More Than a Law,” China Business Review, (May-June 2005)
  • “Progress on China’s Antimonopoly Law,” Global Competition Review - Asia Pacific Antitrust & Trade Review, (April 2005) 

Speaker

Anticorruption & Compliance:
  • “Putting China’s Anti-Corruption Campaign in Context,” TRACE Webinar (October 15, 2014)
  • “Managing an Enforcement Crisis in China: How to Handle the Business, Legal and Reputational Impact of a PSB and SAIC Bribery Investigation on Your Operations and Employees,” ACI, “FCPA Bootcamp,” San Francisco, CA (September 23-24, 2014) 
  • “Making Sense of the Headlines: Review of Chinese Anti-Bribery Enforcement Actions in 2013 and the First-Half of 2014,” TRACE, “Anti-Corruption Compliance in China Conference,” Seattle, Washington (August 14-15, 2014) 
  • “FCPA in China for 2014: Compliance Strategies Given China's Unique Cultural and Governmental Intricacies,” Strafford Webinar (Wednesday, July 23, 2014) 
  • “Minimizing Corruption Risks in M&A,” ACI, “Singapore Anti-Corruption Summit,” Singapore (December 5, 2012) 
  • “Building Your FCPA Due Diligence File: Investigative Techniques to Access the Right Data on Existing or Prospective Partners in China,” ACI, “FCPA Bootcamp", San Francisco, CA (October 2, 2012)
  • “Leveraging Internal Audit and Finance Function to Detect Bribery and Questionable Transactions,” ACI, “Fifth China Anticorruption Summit,” Shanghai (June 6, 2012)
  • “Pitfalls for FCPA Compliance under Chinese Law,” PLI, “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2012,” New York (May 4, 2012) 
  • “Managing Compliance Risks from Intermediaries,” FCPA Compliance Conference C5, Paris, France (October 2011) 
  • “Fraud & Corruption in Contemporary China: Challenges for U.S. Companies & Investors,” Boalt Hall School of Law, Berkeley, CA, (August 29, 2011) 
  • “Innovation in FCPA Enforcement Tactics,” Lexis Fourth Corporate Compliance Conference, Shanghai (November 11, 2010)
  • “Heeding the Accounting Provisions in China,: ACI, FCPA in Emerging Markets, Washington, D.C. (June 9, 2010)
  • “Current Trends on Chinese Anticorruption Enforcement,” Stafford Publications Webinar, FCPA Compliance in China (May 20, 2010) 
  • “Competing in China: Antitrust, Anticorruption, and Industrial Policy,” Boalt Hall School of Law, Berkeley, CA (Jan. 14, 2010)
  • “Chinese Anticorruption Enforcement,” Stafford Publications Webinar, FCPA Compliance in China (September 3, 2009) 
  • “Challenges of Anticorruption Compliance in China,” JF Pearson FCPA Seminar, Shanghai (November 20, 2008) 
  • “Internal Investigations in China,” American Conference Institute (ACI) Anticorruption Conference, Shanghai, China, July 16, 2008 “Internal Investigations in Asia,” San Francisco Bar Association, Labor & Employment Law Forum, San Francisco (May 30, 2008)
  • “Maneuvers in a Minefield: Responding to Corruption in Contemporary China,” American Chamber of Commerce in Hong Kong (March 13, 2007) 
  • “China Compliance Strategies: Responding to Corruption, Fraud, and Corporate Misconduct,” American Chamber of Commerce, Beijing (December 14, 2006) 
Antitrust & Competition:
  • Wolters Kluwer CCH Third Annual Hong Kong Global Competition Law Summit Asia, Hong Kong (June 27, 2014)
  • "Allying the Asia Pacific for Fairer and Freer Trade,” Duxes Anti-Trust Asia Pacific Summit 2014, Hong Kong (June 26, 2014) 
  • “Chinese Antitrust: The AML at Five,” Boalt Hall School of Law, Berkeley, CA (April 15, 2013)
  • “Swimming Against the Current: Industrial Policy and Antitrust in China,” The Berkeley Center for Law, Business and the Economy (BCLBE) and Berkeley Business Law Journal (BBLJ), Berkeley, CA (March 29, 2011)
  • “Competition Policy & Industrial Policy: Tension & Balance”, People’s University, Beijing (December 18, 2010)
  • “Asia’s Emerging Antitrust Regimes & Challenges for Technology Companies,” Antitrust Enforcement in Global Markets, Seattle, WA (June 17, 2010)
  • “Antitrust Challenges in Global Aviation,” Beijing Aeronautics University Law School (May 26, 2010) 
  • “Antitrust in China’s Aviation Sector,” Beijing Aeronautics University Law School (May 27, 2009) 
  • “Divining Chinese Antitrust after Coke-Huiyuan,” National University of Singapore (April 9, 2009) 
  • “Chinese Antitrust: Launching into Stormy Seas,” Boalt Hall School of Law, Berkeley, CA (January 20, 2009) 
  • “Power Politics: The Political Economy of Antitrust in China’s Energy Sector,” Asian Competition Policy & Law Conference, Hong Kong Polytechnic University (December 9, 2008)
  • “The Chinese Antimonopoly Law: Conduct Rules,” ABA Brownbag Seminar (October 30, 2008)
  • “Competition Compliance in China: A View from Private Practice,” University of Melbourne (October 4, 2008) 
  • “Competition Law in China,” Canadian Bar Association's 2008 Fall Conference on Competition Law, Ottawa, Canada (September 18, 2008) 
  • “Merger Review & Monopoly Agreements in the PRC,” Asia Legal Business Seminar, Singapore (July 30, 2008)
  • “Final Countdown to China’s Antimonopoly Law,” Japan Fair Trade Center, Tokyo, Japan (June 19, 2008)
  • “The PRC Antimonopoly Law: Mechanics of Merger Review,” Pre-Meeting Session of International Competition Network Annual Meeting, Kyoto, Japan (April 13, 2008) 
  • “Constraints on Convergence in Chinese Antitrust,” Boalt Hall School of Law, Berkeley, CA (February 13, 2008) 
  • “The Antimonopoly Law and IP Rights”, Asian Competition Policy & Law Conference, Hong Kong Polytechnic University (December 11, 2007) 
  • “The IP/Antitrust Interface in China,” Ambassador’s Roundtable on Intellectual Property Rights, Beijing (October 24, 2007) 
  • “The AML: Implications for Korean Firms,” Seoul, Korea (October 9, 2007) 
  • “The AML: A Long, Rough Road Ahead,” US-China Business Council, Washington, D.C. (October 2, 2007) 
  • “Chinese Competition Policy: Challenges for U.S. Business,” Pacific Research Institute, San Jose, CA (February 28, 2007) 
  • “Dominance Enforcement under the Antimonopoly Law”, Asian Competition Policy & Law Conference, Hong Kong Polytechnic University (December 12, 2006) 
  • “Chinese Competition Policy: A Preview of Coming Events?,” American Chamber of Commerce in Shanghai (November 23, 2005) 
  • “Chinese Competition Policy & Standard Setting,”, U.S. Information Technology Office, Beijing (December 5, 2005)