Simpson Thacher Wins Dismissal of Litigation Against Alibaba
09.08.21
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The Firm successfully secured the dismissal with prejudice of a putative class action filed against client Alibaba Group Holding Limited. Plaintiff Hai Dong Li asserted a variety claims in the U.S. District Court for the Southern District of New York alleging fraud and corruption related to Alibaba’s China-based Tmall online shopping platform. The Simpson Thacher team filed a motion to dismiss arguing that Plaintiff’s complaint was fatally flawed due to the Court’s lack of personal and subject matter jurisdiction and that Plaintiff failed to state a claim for any of the asserted causes of action, among other arguments.
The Firm’s motion was granted on September 8, 2021. In its opinion, the Court wholeheartedly adopted Simpson Thacher’s arguments, including those related to the lack of personal and subject matter jurisdiction. In his opinion, Judge Vernon Broderick noted that Plaintiff Li has shown a history of filing vexatious actions against Alibaba, describing Plaintiff’s complaint as “legally spurious,” and granted a pre-suit injunction barring Plaintiff from filing another complaint against Alibaba without first seeking leave from the Court.
The Simpson Thacher team included Stephen Blake, Jonathan Kaplan, Stephanie Hon and Bo Bryan Jin.