Timothy O'Toole Discusses the Implications of the Xiaomi Ruling for Other Chinese Companies Challenging U.S. Bans with Ganbei! and China Business Law Podcasts

"The Xiaomi Playbook: A Successful Challenge to the U.S. Ban"

Ganbei! and China Business Law Podcasts

05.31.2021

In collaboration with both Ganbei! and China Business Law Podcasts, Member Timothy O'Toole discussed Xiaomi's successful court challenge to being added to the Department of Defense's (DoD) Communist Chinese Military Companies (CCMC) list. Xiaomi brought the lawsuit in U.S. district court to challenge the fairness of the process of the U.S. ban arguing that Xiaomi is not owned or controlled by the Chinese military. The court found in favor of Xiaomi because the DoD memo did not show that Xiaomi and the Chinese military were affiliated under the proper definition of the term. "The idea that a company could go to U.S. courts and challenge an order that was based on national security grounds and win quickly... was really unheard of," O'Toole said.