Alibaba just sued the US Department of Defense.

Filed in the US District Court for the Northern District of California (San Jose Division), the complaint asks the court to remove Alibaba from the Pentagon's "Chinese Military Companies" list (the Section 1260H list under the FY2021 NDAA).

The instinctive question: can you actually sue DoD in a US court? Yes—and a Chinese company has won this kind of case before.

How this works

Listing under Section 1260H does not by itself trigger sanctions. What it does is create two layers of risk:

  1. Reputational damage—investors, partners and regulators treat a listed company as if it carried a "military affiliation" label.
  2. Cascading risk—US executive orders and sanctions programs can later be layered on top of the listing (as we saw with E.O. 13959 a few years ago).

The legal vehicle is the Administrative Procedure Act (APA). The plaintiff argues that DoD's designation lacks evidentiary support, is arbitrary and capricious, or violates required procedures.

The precedents matter

Xiaomi sued DoD in early 2021, obtained a preliminary injunction in March, and reached a settlement in May—removed from the list.

Hesai Technology sued in 2024; DoD briefly removed it, then relisted it months later, and the court ultimately upheld the designation—Hesai is now on appeal. A reminder that the same path does not guarantee the same result.

What it means for cross-border practice

For Chinese companies operating globally, designation by a US agency—whether 1260H, the Entity List, or SDN—is not a final verdict. US administrative action is reviewable. Companies have legal remedies. But the strategy must be coordinated: litigation, investor communications, regulatory engagement, and media must move in sync.

Three takeaways for in-house and cross-border counsel:

If your company has cross-border exposure to US regulatory risk and needs a China-side perspective coordinated with US counsel, happy to compare notes.

#CrossBorderLaw #ChinaUS #InternationalLaw #ExportControls #Compliance

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Mike Wu, China-licensed Attorney · Cross-border practice
4 languages (CN/EN/ES/JA)
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