BIOGRAPHICAL RESUME
DAVID C BUXBAUM
David C Buxbaum, born 16 July 1933 in New York. Mr Buxbaum left academic life
where he taught law, including Chinese law, to join the law firm of Anderson, Mori
and Rabinowitz as a junior partner in 1968. There he worked primarily on joint
ventures for American companies in Japan and on Hong Kong legal matters. In
1970, Mr Buxbaum formed a predecessor of the firm, Anderson & Anderson LLP’s
international division, and has been primarily resident in Asia for the past thirty-three
years, and in China and Mongolia for most of the past thirty-four years.
Mr Buxbaum is fluent in both oral and written Chinese. He was the first American
lawyer invited to China to represent American business interests in 1972, after
President Nixon’s historic visit. He founded the first American law office in
Guangzhou (Canton). Subsequently, he helped open offices in Hong Kong, Beijing,
Shanghai, Xiamen, Shenzhen, Chongqing, Chengdu and Mongolia and closely
affiliated offices in Bombay, India, Taiwan. Mr Buxbaum is a well regarded expert
on private international and Chinese law who, in addition to being an experienced and
highly respected practitioner, has also published extensively in the field. He has
always been the primary author and reviser of the China Law Digest and the
Mongolia Law Digest for the Martindale-Hubbell directory.
In addition to international transactional matters, Mr Buxbaum, is also professionally
active in litigation, particularly regarding international business disputes, as well as
intellectual property and commodities and securities matters. He represented the
successful respondents before the United States Supreme Court in the landmark case
of Butz v Economou and successfully handled one of the leading IP cases in China,
namely Microsoft vs Juren.
Practice in Asia
Mr Buxbaum’s work in Asia covered previously of the following
(a) Contract negotiation and drafting of joint ventures, wholly-owned subsidiaries,
licensing agreements, investment contracts, financing agreements and the like in
Asia for clients in various industries;
(b) Litigation and Arbitration. Representing international companies in Asia in
litigation, arbitration and mediation of commercial disputes;
(c) Banking, investment work and standardized documents for banking and
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commercial clients;
(d) Protection and Enforcement of Copyright, Trademark, Patent and Trade Secret
rights in Asia, anti-dumping and Section 337 actions;
(e) Labour contracts, negotiations, dispute resolution, employee incentive plans,
options, internal labour rules;
(f) Commodities and Securities Work;
(g) Administrative Applications and proceedings in various field, including taxes
and/other matters;
(h) Leasing of Aircraft and Heavy Equipment
Academic Background
1954
BA New York University
1959
JD University of Michigan
Concurrent Graduate Studies, University of Michigan Graduate School
1962
Fellow, Harvard University (Law and East Asian Studies)
1963
MA University of Washington
1968
PhD University of Washington
Academic Work
Assistant Lecturer, Chinese Law, Domestic Relations, Labor Law, Jurisprudence,
Comparative Law, University of Singapore, 1963-64
Associate Professor, Chinese Law, Comparative Law and Domestic Relations,
University of Washington, 1968
Adjunct Professor of Law, Touro Law School, 1980
Adjunct Professor of Law, Southwestern University School of Law, 1983-88 (In Asia)
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Admitted to Bar
1970
State of New York
1970
US District Court for the Southern District of New York
1970
US District Court for the Eastern District of New York
1970
US District Court for the Northern District of New York
1970
US District Court for the Western District of New York
1971
US Court of Appeal, 2nd Circuit
1974
US Supreme Court
1975
US Court of Appeals, 7th Circuit
1975
US Court of Appeals, 4th Circuit
1978
US Court of Appeals, 8th Circuit
1979
US Court of Appeals, 1st Circuit
1981
State of California
1989
US District Court for the Central District of California
1991
US Court of Appeals, 9th Circuit
1991
US District Court for the Northern District of California
1994
Hong Kong, as Registered Foreign Lawyer
Member
Commission on Labor Law, 1963-64, Singapore
Panel of Arbitrators, American Arbitration Association
New York Trial Lawyers Association (Member, Liaison Committee with Judicial
Conference, 1971-78)
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Association of Asian Studies (to date)
American Bar Association (Member, Committee on Far Eastern Honor Society,
Section of International and Comparative Law, 1965-71); present member
Author
Jan 62
“Preliminary Trends in the Development of the Legal Institutions of
Communist China and the Nature of the Criminal Law”, International
and Comparative Law Quarterly, reprinted in Government of
Communist China, Chandler, San Francisco in 1966
1962
MA Dissertation: “Legal Institutions of Contemporary Mainland
China and the Nature of the Criminal Law, University of Washington
1963
“Case Note “Freedom of Marriage in a Pluralistic Society”, Malaya
Law Review
1967
Editor: Traditional and Modern Legal Institutions in Asia and Africa,
Journal of Asian and African Studies, Supplement Edition
1968
Some Aspects of Substantive Family Law and Social Change in Rural
China, 1896/1967, University of Washington PhD Dissertation
1968
Editor: Family Law and Customary Law in Asia; A Contemporary
Legal Perspective (University of Washington Press)
1971
Editor: Transition and Permeance; Chinese History and Culture,
A Festschrift in Honor of Dr Kung-Chan Hsiao, (University of
Washington Press)
1971
“Some Aspects of Civil Procedure and Practice at the Trial Level in
Tanshui and Hsinchu …” XXX, Journal of Asian Studies
1973
Negotiations with the Chinese, Trade with China
1973
American Trade with the People’s Republic of China; Same
Preliminary Perspectives, Columbia Journal of Transnational Law,
Vol 12, No 1
Feb 74
Two Cases of Dispute Settlement, Arbitration and Dispute Settlement
in Trade with China, Special Report No 4 for Members of the
National Council for United States China Trade
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Mar/Apr 74
Two Cases of Dispute Settlement, US-China Business Review, Vol 1
No 2
1975
“Horizontal and Vertical Influences upon the Substantive Criminal
Law of Mainland Chinese, some Preliminary Observations”,
Osteuropa Recht, No 1
1978
Editor: Law and Social Change: A Case Study of Family Law and
Social Change in China and Other Developing Areas, University of
Washington Press
Apr 78
Jurisdiction over Foreign Transactions and Foreign Nationals, New
York Law Journal
Jun 78
Commodities Transactions in China and Hong Kong, New York Law
Journal
Oct 78
Regulation of Commodity Futures Exchanges in Japan, New York
Law Journal
Dec 78
Commodities Trade with China, New York Law Journal
1979
Liability of Federal Officials in Damage for Acts Unconstitutional or
in Excess of their Authority: Expanding the Concept of the Rule of Law,
Capital University Law Review, Vol 8, Issue 4
Feb 79
Lawyer’s Challenge in China Trade: New and Developing Legal
System, New York Law Journal, International Law, Finance and
Trade
Mar 79
Disclosure of Management Remuneration, Transaction, Litigation and
Employment History, Los Angeles Daily Journal
1982-1998
The Commercial Laws of China, and Patents Law and Practice,
Trademark Law and Practice, The People’s Republic of China, Digest
of the Commercial Laws of the World 1982-1998
1976-1982
Monthly Columnist, New York Law Journal on Commodities Law
1976-1982
1990
Contract Law in China, The Dynamics of Statutory Development and
Practice, Doing Business in China (Matthew Bender)
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Jan 92
Contract Law in China, The Dynamics of Statutory Development and
Practice, Doing Business in China, Matthew Bender, Release No 1
1993
Contracts in China during the Qing Dynasty; Key to the Civil Law
XXXI No 2, Journal of Oriental Studies, University of Hong Kong
Nov 94
Recent Developments in IP Protection, The New Gazette (Hong
Kong)
Dec 94
Enforcing IP Rights in China, The New Gazette (Hong Kong)
1995
China, The Asian Investment Law Directory , Asia Law & Practice
1995
Judge’s Law Enhances IP Enforcement, The New Gazette (Hong
Kong)
Jan 95
Articles: IP Enforcement and Education, The New Gazette (Hong
Kong)
Feb 95
A Program for IP Rights Enforcement, The New Gazette (Hong
Kong)
Mar 95
Scope of Trademark Protection Extended, The New Gazette (Hong
Kong)
Apr 95
Action Plan to Avert Trade War, The New Gazette (Hong Kong)
May 95
Judge’s Law Enhances IP Enforcement, The New Gazette (Hong
Kong)
Jun 95
Enforcement of Sino-US IP Agreement, The New Gazette (Hong
Kong)
Jul 95
Recent IP Cases in China, The New Gazette (Hong Kong)
Aug 95
Functioning Task Forces, The New Gazette (Hong Kong)
Sep 95
Protection of Famous Products and Famous Brands, The New
Gazette (Hong Kong)
Oct 95
The Status of IP in China, The New Gazette (Hong Kong)
Nov 95
Leading Copyright Cases in Beijing, The New Gazette (Hong Kong)
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Dec 95
Patent Protection in China Enforcement Problems, The New Gazette
(Hong Kong)
1995
Enforcement of IP Rights: Courts and Administrative Organizations;
Intellectual Property Protection in China, Asia Law & Practice
Jan 96
TRIPS Agreement and Chinese Trade Law, The New Gazette (Hong
Kong)
Feb 96
Protection of Commercial Secrets in China, The New Gazette (Hong
Kong)
Mar 96
Examination of Trademark Applications, The New Gazette (Hong
Kong)
Apr 96
US and China Cooperating to Protect IP Rights, The New Gazette
(Hong Kong)
May 96
Hong Kong & Taiwan IP Protection Policy, The New Gazette (Hong
Kong)
Jun 96
中國合同法制史與羅馬法、同一法、猶太法之比較研究，中國法律
的傳統與現代化──93 中國法律史國際研討會論文集
Jun/Jul 96
Landmark Intellectual Property Decision, The New Gazette (Hong
Kong)
Oct 96
Do We Meet the Mark?, Hong Kong Lawyer
Nov 96
Protecting IP Post 97, Hong Kong Lawyer
Dec 96
Extending Protection, Hong Kong Lawyer
Jan 97
Unfair Competition, Hong Kong Lawyer
Feb 97
Some Way to Go, Hong Kong Lawyer
Mar 97
International Protection, Hong Kong Lawyer
Apr 97
Draft Trademarks Bill Widens Scope of Protection, Hong Kong
Lawyer
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Jun 97
Designs Bill Circulated, Hong Kong Lawyer
Jul 97
Combating Counterfeiting, Hong Kong Lawyer
Sep 97
Patents Reform Complete, Hong Kong Lawyer
Nov 97
Patently Inconsistent, Hong Kong Lawyer
Dec 97
Copyright Laws Now Consolidated, Hong Kong Lawyer
Feb 98
Halting the Dilution, Hong Kong Lawyer
Jun 98
Debt or Equity? Financing Options for PRC Investors, China Direct
Investor
Jul 98
Pillers of Justice, Hong Kong Lawyer
1999
Securities Regulations in China; China International Securities
Regulations: Pacific Rim
Jan 99
Restrictive Covenants Revisited, Hong Kong Lawyer
Mar 99
Choice of Law in Licensing and Other Agreements, Hong Kong
Lawyer
1999
Foreign Investment in China: Law and Policy; The Comparative Law
Yearbook of International Business, Volume 21, (Kluwer Law
International)
1980-00
People’s Republic of China Law Digest, Martidale-Hubbell Law
Digest
1996-00
Mongolia Law Digest, Martidale-Hubbell Law Digest
Apr 99
China Securities Laws (with Jian Fu co author), ISR, International
Securities Regulations: Pacific Rim, Oceana Publications, Inc.
Jun 00
依法治國及法官的選拔、任用與完善，經濟與法律
Nov 05
Contract Law in China and Israel: A Comparative Perspective,
Collected Works from International Academic Symposium on
Chinese and Israeli Legal Culture, Publishing House of China
Zhengfa University
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Leading Cases
Client
Name of Action
Economou
Butz vs Economou, 438 U.S. 478, (1978)
Harcourt Brace
Harcourt Brace vs An Hui Press (in
China) 1996
MacMillian
MacMillian vs An Hui Press (in China)
1996
Microsoft
Microsoft Software vs Haidian Hui Ruan
Computer (in China); Zhong jing zhi chu
zi No.586, 1994
Microsoft Software vs Beijing Juren
Computer (in China) Zhong jing zhi chu
zi No. 587, 1994
Microsoft Software vs Beijing Gao Li
Computer (in China); Zhong jing zhi chu
zi No. 591, 1994
Microsoft Software vs Haidian Hui Li
Books (in China); Zhong jing zhi chu zi
No.592, 1994
Microsoft Software vs Beijing San Hua
Electronic (in China); Zhong jing zhi chu
zi No 594, 1994
Autodesk
Autodesk vs Beijing San Hua Electronic
(in China); Zhong jing zhi chu zi No. 588,
1994
Autodesk vs Beijing Juren Computer (in
China); Zhong jing zhi chu zi No. 589,
1994
Autodesk vs Haidian Hui Li Computer (in
China); Zhong jing zhi chu zi No. 590,
1994
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Autodesk vs Beijing Gao Li Computer (in
China); Zhong jing zhi chu zi No.593,
1994
Lotus
Lotus vs Beijing Gao Li Computer (in
China); Zhong jing zhi chu zi No. 652,
1994
Lotus vs Haidian Zhuan Li Books (in
China); Zhong jing zhi chu zi No. 653,
1994
Lotus vs Haidian Hui Ruan Computer (in
China); Zhong jing zhi chu zi No. 654,
1994
Novell
Novell vs Beijing Gao Li Computer (in
China); Zhong jing zhi chu zi No. 951,
1994
Novell vs Ke Tong Computer (in China);
Zhong jing zhi chu zi No. 952, 1994
Novell vs Haidian Hui Ruan Computer
(in China); Zhong jing zhi chu zi No. 964,
1994
WordPerfect
WordPerfect vs Beijing Juren Computer
(in China); Zhong jing zhi chu zi No.769,
1994
WordPerfect vs Beijing Gao Li Computer
(in China); Zhong jing zhi chu zi No. 770,
1994
WordPerfect vs Haidian Hui Ruan
Computer (in China); Zhong jing zhi chu
zi No. 771, 1994
Citibank
Tianjin Corporation vs Citibank
(Guangzhou) Branch (in China),
Guangzhou fashi zi No 36, 1993
Citibank
(Shanghai)
Branch
vs
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Wafangdian Ballbearing Company,
(Liaoning, China); Da min chu zi di 23
hao, 1998
Kellogg’s
Kellogg’s vs Kongalu (in China), Mui
Mid Court Financial Initial Word No. 39,
1994
Marubeni Corporation
Marubeni
vs
Hainan
Yunhai
International Fuel Gas Development
Company Ltd (in China), partial award,
1999
Procter & Gamble
Procter & Gamble vs Lu Chaowen, et al ,
1993 (criminal case)
General Motors
Xian Antai pharmaceuticals Corporation
vs General Motors, 1995 Xiyao Zi No.
186
Daewoo
Daewoo vs Fushan AIC, 1995
Whirlpool Home Appliance
Whirlpool vs Zhongshan Jia Xin (in
China) Zhong zhong ji chu zi No.41,
1998
Transactional Work (Examples)
First insurance joint venture in China;
Aircraft and equipment leases;
Loan and security agreements;
Legal opinions for establishing joint venture, wholly-owned corporations and
processing ventures, diamonds, hotels, food processing, garments, chemicals, energy,
pharmaceuticals, fast foods, automotive, etc;
Fund Management Agreements;
Public offerings of Chinese Corporations, due diligence;
Transportation ventures;
Investment banking contracts;
Labor contracts, arbitration, stock option plans, union matters, corporation personnel
rules, incentive programs, housing programs;
Real estate matters including leases, land transactions, multi-story building
transactions, litigation, due diligence;
Banking work, due diligence, legal opinions, financial agreements;
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Fundamental contract; and
Consultation law work.
Former and Present Clients (selected list of clients)
Microsoft, Citibank, Credit Lyonnais, MacMillian, General Motors, Whirlpool,
Kellogg’s, Campbell Soup, Procter & Gamble, Marubeni, Nissho Iwai, World Bank,
IFC, AC Nielsen, ABM Armo, Manual Life Insurance Corp, McDonalds, Nationwide
Insurance Company, AIG, Samsonite, Wrigley,etc.
Current Pro-Bono Projects
Rule of Law in China, and Mongolia, other parts of Asia: organizing the private sector
throughout Asia to work with governments, particularly in China and Mongolia on
establishment of an effective rule of law in these countries, head of the Rule of Law
Forum.
Legal assistance to rural residents in Asia: providing free legal services to poor rural
residents.
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