On May 16, 2013, Simpson Thacher client Mining Machinery Limited (“MML”) and Caterpillar, Inc. resolved all outstanding issues arising out of Caterpillar’s June 2012 acquisition of Zhengzhou Siwei, a leading manufacturer of hydraulic roof supports used in the mining industry in China. After it acquired Siwei, Caterpillar alleged that it had uncovered deliberate accounting misconduct and recorded a $580 million goodwill impairment charge in the fourth quarter of 2012. Simpson Thacher represented Emory Williams and John Lee, former directors of Siwei’s parent company and two of the leading entrepreneurs in China, and MML and James Thompson III, two other parties with an interest in the settlement, in responding to Caterpillar’s allegations. The parties have now entered into an agreement under which they exchanged releases, certain payments owed by Caterpillar were reduced, and an entity affiliated with MML has been given the right to purchase certain assets from Caterpillar. In addition, Caterpillar publicly stated that it had found no evidence that any of Simpson Thacher’s clients had engaged in any accounting misconduct.
The Simpson Thacher team was led by Doug Markel, Jim Kreissman and Alexis Coll-Very, and included associates Jonathan Sanders, Yu Wang, Yang Wang, Chris James and Shuyuan Sun.
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