Derik Rao’s practice primarily focuses on compliance, regulatory, sanctions, export control, and white-collar matters, as well as investigations under the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws.

Derik assists clients in the technology, healthcare, finance, and other sectors in the U.S., China, Japan, and EU in managing regulatory and compliance risks. He works closely with the firm’s U.S., UK, and EU teams and represents clients in some of the most high-profile regulatory inquiries relating to the U.S. DOJ, OFAC, SEC, CFIUS, and China’s National Development and Reform Commission, Ministry of Commerce, and Cyberspace Administration of China, among other governmental authorities. He also helps multinational companies build their regulatory compliance programs in light of the emerging sanctions, export control, and other regulations. Derik delivers comprehensive risk assessments in connection with sanctions and national security matters involving Iran, Russia, Mainland China, Hong Kong, and other jurisdictions.

Derik has extensive experience assisting leading healthcare, technology, industrial, investment portfolio, and consulting companies based in the U.S. and Europe in handling some of the most impactful internal investigations. His practice frequently involves whistleblower reports, compliance monitorships, self-disclosures, and negotiations with DOJ. He also has extensive experience investigating trending challenges faced by multinational companies, including anti-bribery, antitrust, data privacy, data exports, embezzlement, and accounting fraud.

Additionally, Derik has advised NYSE-listed companies on their defense in securities class actions, regulatory investigations, and parallel lawsuits. He also defends individual clients based in Mainland China, Hong Kong, and Singapore in connection with U.S. criminal and civil lawsuits, including securities class actions, regulatory investigations, and criminal lawsuits involving wire fraud, insider trading, economic espionage, and theft of intellectual property.

Prior to joining MoFo, Derik worked at a leading international law firm in Palo Alto, California, where he represented various leading technology companies in internal investigations and commercial litigation. He received his J.D. cum laude from Washington University in St. Louis. While in law school, he externed for a federal judge in Missouri and drafted multiple opinions. Before law school, Derik was a senior M&A consultant at a world-leading accounting firm.

Derik is fluent in English and Mandarin.

Representative Experience

Internal and Government Investigations

• A world-leading U.S.-based pharmaceutical company in various internal investigations and remediation projects concerning its operations in China, South Korea, and EMEA.
• A U.S.-based Fortune 500 healthcare company in various internal investigations concerning its operations in China involving anti-bribery, embezzlement, data privacy, and accounting fraud issues.
• A leading Fortune 100 pharmaceutical company in an internal investigation in South Korea relating to donations to non-profit medical associations.
• The audit committee of a semiconductor technology firm in an investigation into alleged fraud and related misconduct by former senior executives and employees.
• One of the world’s leading music companies in a sensitive internal investigation involving its China subsidiary, which implicated potential criminal liability of the most senior managers of the subsidiary.
• A European-listed global medical technology company’s China subsidiary in connection with anti-corruption and other compliance issues in China, Taiwan, and Hong Kong. The team systematically reviewed and enhanced the company’s compliance management regime, including its policies, procedures, and approval electronic systems.
• A U.S.-based Fortune 200 company in the food and agricultural industry in an internal investigation into its China operations, covering issues such as improper benefits in connection with customer procurement, misappropriation of corporate funds, and expense fraud.
• A world-leading professional services firm in internal and government investigations of alleged FCPA violations in China. The team successfully obtained a declination to prosecute from DOJ.
• A leading Europe-based medical device company in the drafting of its compliance guidelines and conducting compliance training for its operations in China.
• A Europe-based NASDAQ-listed healthcare company in a six-month compliance remediation project for its operations in China.
• A leading NYSE-listed global supplier of coatings for various industrial applications in an internal investigation into allegations of bribery, corruption, self-dealing, bid rigging, collusion with distributors or suppliers, expense fraud, and other misconduct by the senior management of its China subsidiary.
• A leading NYSE-listed, U.S.-based global supplier of chemicals in internal investigations concerning allegations of bribery, self-dealing, and misappropriation of company assets of its China employees.

National Security/Sanctions and Export Controls

• One of the world’s largest AI technology companies based in the United States in various internal investigations, regulatory inquiries, and crisis management response strategies that involve issues across Chinese export controls, data privacy, national security reviews, and U.S. CFIUS reviews.
• One of the largest financial institutions in China/Hong Kong in providing time-sensitive and complex compliance advice in relation to various economic sanctions regimes targeting China, including those imposed by the U.S. and EU. 
• Three of China's five major state-owned banks on U.S. sanctions, including responding to OFAC subpoenas, conducting internal investigations, and assessing transaction risks related to U.S. sanctions.
• One of China’s largest state-owned multinational commercial banks in sanctions compliance matters relating to U.S. sanctions regimes targeting multiple jurisdictions, including Russia and China, and the resulting compliance and reputational risks to its global operations.
• A U.S. multinational technology company in a trade compliance investigation involving allegations of potential unauthorized diversion of the company’s products to Chinese military research institutions designated on the U.S. BIS Entity List.
• One of the world’s largest hedge funds in connection with sanctions compliance issues related to the Chinese Military-Industrial Complex (CMIC) sanctions regimes.
• A leading Middle East fund with significant investments in various industries in the U.S., China, and Europe in establishing its internal regulatory compliance program under China’s Anti-Foreign Sanctions Law  and U.S. OFAC and BIS rules.
• A large Europe-based bank with extensive operations in China in assessing sanctions and export control risks and establishing a sanctions compliance program.
• One of the largest financial institutions in Europe in an in-depth compliance review of its Hong Kong affiliates, assessing anti-money laundering controls, risk management, and sanctions response frameworks, internal escalation mechanisms, and training programs to evaluate compliance with U.S. Federal Reserve regulations.
• Provided a leading Japanese technology and entertainment conglomerate time-sensitive and in-depth compliance advice in relation to economic sanctions, export controls, and antitrust reviews for its Asia business involving China and Japan. 
• A prominent U.S. technology and manufacturing company in connection with various U.S. sanctions compliance issues, including with respect to Xinjiang and a series of voluntary self‑disclosures to OFAC that cover apparent violations of multiple U.S. sanctions programs (e.g., involving Cuba and Venezuela). 
• One of the world’s leading electronic test and measurement technology companies in complex internal investigations and compliance issues in relation to export control regulations relating to its operations in China.
• An American multinational energy company in securing the lift of a border exit ban of its corporate executives by foreign governments.

Litigation and Arbitration

• A leading manufacturer of professional tools and automotive repair information solutions in contentious trade secret theft arbitration and litigation matters pending in California against a China-based competitor and its U.S. subsidiary.
• The independent directors of a China-based cloud communications solutions provider in shareholder class action proceedings filed in the United States.
• A former employee of a major international bank in a deposition for a U.S. antitrust lawsuit alleging FX price fixing.

• A Chinese asset management firm and its U.S. subsidiaries in certain shareholder dispute lawsuits before the San Francisco Superior Court.
• A major Chinese insurance group company and its U.S. subsidiaries in a US$4 billion contract dispute trial before the Delaware Court of Chancery, the appeal before the Delaware Supreme Court, and parallel anti-fraud investigation matters before various California state courts.
• A major Canadian transportation group company in a contract dispute before the U.S. District Court for the Central District of Illinois.