China Practice REGIONAL PRACTICES

While China’s rapidly restructuring and growing economy offers uniquely attractive trade and investment opportunities, capitalizing on those opportunities presents particular challenges. An intricate variety of legal, regulatory, governmental and cultural barriers confront companies trying to do business in China. Yet as China continues to open its economy, increasingly sophisticated investment and financing choices for structuring transactions are becoming available to investors, as are an array of approaches to regulatory barriers and in-country operations.

To assist clients with these challenges and opportunities, our China practice offers a unique combination of services bringing together prominent policy, regulatory and government relations capabilities in China with premier in-country business and transactions experience. This combination allows the China team to offer clients unparalleled depth and scope of service, keeping with our tradition of sophisticated problem solving at the intersection of business, government and regulation.

The firm’s core China team was established by Ambassador Charlene Barshefsky, former United States Trade Representative, and Robert Novick, former USTR General Counsel. They are joined by prominent China Attorney Lester Ross, a partner in the Corporate and Antitrust and Competition Departments, and a group of lawyers and staff who are widely recognized as one of the strongest China-based legal teams for corporate, financial services and intellectual property work, including M&A, venture capital, private equity, foreign direct investment, banking and finance, insurance, telecommunications and technology.

Our commitment to the China market, its Fortune 100 and major multinational clientele doing business in or exporting to China, and Chinese entities doing business abroad is deep and growing. The firm’s establishment of a Beijing office demonstrates this commitment. The Beijing office is led by Lester Ross.

This unparalleled team of professionals, with many years of experience operating in and negotiating with all levels of the Chinese government, has unique understanding of the challenges and has the skills and insight needed to succeed on behalf of our clients. The team possesses world-recognized negotiating experience and savvy; a proven ability to solve highly complex business, legal and regulatory problems; exceptional experience in Chinese law and international business transactions; and strong relationships with political, private sector, media and opinion leaders throughout China and East Asia as a whole.

The China Team

The China team includes professionals who have operated at the highest levels of the US Executive Branch—including the Executive Office of the President and the Office of the United States Trade Representative—and whose members have lived in mainland China and Hong Kong for many years and speak fluent Chinese. Members of the team structured, negotiated and concluded a range of landmark agreements with China, most notably China's intellectual property rights agreements, market access agreement and the comprehensive US-China bilateral agreement that paved the way for China’s WTO membership, covering all goods, services and agriculture in the Chinese economy.

The team has represented clients across a range of industries in many types of business dealings, including real estate transactions and structuring, negotiating and documenting business transactions, and has been involved in precedent-setting foreign investment transactions. These industries include agriculture, automotive, aviation, chemicals, consumer products, cosmetics, electric power, electronics, energy-related equipment and services, environmental technologies, financial services, logistics, machinery, manufacturing, media, medical devices, mining, oil and gas, pharmaceuticals, professional services, publishing, retailing, semiconductors, software and telecommunications. Moreover, the team has substantial experience and relationships throughout China, including Shanghai, Tianjin, Guangdong, Jiangsu and other provinces and localities, in addition to Beijing.

They have also advised Chinese entities on their outbound commercial and trade relations, particularly in obtaining regulatory approvals, the structuring of transactions and defending against trade actions. Serving global client needs from any of its offices, the team has implemented investment strategies and structured business transactions and sophisticated market access strategies for multinationals around the world and has negotiated with, and, when necessary, litigated against virtually every major trading nation, as well as emerging market countries. Click here to view biographies of our China Team members. You can also read about our cross-border investigations and compliance experience.

Other Professionals

Supporting the legal and government relations work of the Beijing office are a fully bilingual team of legal assistants and professional translators with law and other professional degrees from Chinese and American universities. The firm has full Chinese language document translation and Chinese word processing capabilities in Beijing and Washington, as well as an extensive collection of Chinese law materials.

Capabilities and Services

The unsurpassed combination of talents of the firm's China team, supported by the depth and breadth of our United States and European offices, allows the firm to marshal superior resources on behalf of our clients. The firm includes among its other practices venture capital, with particular strength in technology and life sciences; intellectual property, including intellectual property litigation; international trade, with particular strength in resolving difficult foreign market access problems across the globe; a preeminent securities regulatory and enforcement practice; and, among its litigation capabilities, international arbitration and trade litigation.

Our international arbitration and dispute resolution practice is consistently ranked as one of the best in the world. We have been involved in more than 250 proceedings in recent years for a variety of leading international corporations as well as for and against sovereign states and state-owned businesses. Our experience spans virtually all forms of international arbitration, and we have represented clients in a broad range of disputes in numerous forums and under many different substantive and procedural laws.

While the practices listed above are routinely integrated into client representations, the full range of the firm's capabilities is available to advance a client’s interests in tax, antitrust, and export controls, and with respect to particular industries.

All WilmerHale offices are connected by advanced telecommunications and computer networking equipment; the firm draws resources from all locations to provide “around-the-clock” service to clients.

While China’s rapidly restructuring and growing economy offers uniquely attractive trade and investment opportunities, capitalizing on those opportunities presents particular challenges. An intricate variety of legal, regulatory, governmental and cultural barriers confront companies trying to do business in China. Yet as China continues to open its economy, increasingly sophisticated investment and financing choices for structuring transactions are becoming available to investors, as are an array of approaches to regulatory barriers and in-country operations.

To assist clients with these challenges and opportunities, our China practice offers a unique combination of services bringing together prominent policy, regulatory and government relations capabilities in China with premier in-country business and transactions experience. This combination allows the China team to offer clients unparalleled depth and scope of service, keeping with our tradition of sophisticated problem solving at the intersection of business, government and regulation.

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Ross, Lester

Lester Ross

Partner-in-Charge, Beijing Office

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Novick, Robert T.

Robert T. Novick

Partner

+1 202 663 6140 (t)

robert.novick@wilmerhale.com

Ross, Lester

Lester Ross

Partner

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

von Hehn, Paul A.

Paul A. von Hehn

Partner

+32 475 902 965 (m) +32 2 285 49 03 (t)

paul.vonhehn@wilmerhale.com

Zhou, Kenneth

Kenneth Zhou

Partner

+86 10 5901 6588 (t)

kenneth.zhou@wilmerhale.com

Xu, Tao

Tao Xu

Senior Staff Attorney

+86 10 5901 6588 (t)

tao.xu@wilmerhale.com

Publications & News

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April 21, 2014

MOFCOM to Publicize Administrative Penalties for Illegal Implementation of Concentrations

To increase the incentives for compliance in the name of transparency of law enforcement, China’s Ministry of Commerce (“MOFCOM”) has decided to publicize its decisions to penalize companies which fail to notify concentrations that meet the regulatory thresholds for notifications under China’s Anti-Monopoly Law (the “AML”).

April 4, 2014

Reforms to China's Company Registration Law

Both the amended Company Law and the amended Registration Regulations took effect on March 1, 2014. These reforms create a simplified and more capital-efficient registration system with respect to registered capital and regulatory requirements for companies in China.

March 28, 2014

SAIC Announces Beginning of Revision Process to Anti-Unfair Competition Law

China's State Administration for Industry and Commerce (SAIC) has announced that it has formally begun the task of revising the Anti-Unfair Competition Law (AUCL). SAIC's Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau held the first revision session in Beijing on February 28.

March 27, 2014

Lester Ross Elected as Vice Chairman of the Board of Governors of AmCham China

Lester Ross, partner-in-charge of the firm’s Beijing office, has been elected Vice Chairman of the Board of Governors of the American Chamber of Commerce in the People’s Republic of China (AmCham China).

February 13, 2014

NIST and DHS Release Final Cybersecurity Framework, Roadmap, and Voluntary Program for Cybersecurity Assistance

Yesterday, the National Institute of Standards and Technology (NIST) released the final version of the voluntary federal cybersecurity standards known as the Cybersecurity Framework, along with a “Roadmap” explaining how the government will work with the private sector, other countries, and international organizations to refine and improve the Framework over the next several years.

February 3, 2014

WilmerHale 2013 in Review

In 2014, we will celebrate the 10th anniversary of the formation of WilmerHale through the merger of our two A-List predecessor firms. The past 12 months represent the culmination of a decade of growth that has borne out the promise of this historic merger, as our combined strengths have forged a firm greater than the sum of its distinguished parts.

January 9, 2014

China’s New Anti-Corruption Policies in the Health Care Industry

November 15, 2013

Laying the Political Groundwork for Continued Economic Reform: The Chinese Communist Party Central Committee’s Third Plenum

On Tuesday, China’s Third Plenum—a major conclave of top Communist Party (“CCP”) officials—concluded with the publication of a Communiqué announcing general statements about policy priorities and specific structural changes to the CCP, designed in part to affirm and advance economic reforms with a target date of 2020.

April 26, 2013

China Clears Glencore's Acquisition of Xstrata Subject to Remedies

March 4, 2013

WilmerHale Lawyers, Practice Recognized by Chambers Asia Pacific 2013

Chambers Asia Pacific has released its 2013 rankings, which include the recognition of two WilmerHale lawyers as well as the China Corporate Practice. Chambers Asia Pacific acknowledges Lester Ross for his Corporate/M&A: China-based (International Firms) practice and Tao Xu for her Corporate/M&A: China-based (International Firms) practice in the 2013 edition of this guide to leading lawyers and law firms in Asia.

Events

October 17-20, 2013

NYSBA Intellectual Property Law Section Fall Meeting

Bolton Landing, New York

May 21, 2013

The 3rd Annual US-China Pharma Conference

Boston, Massachusetts

June 13, 2012

Invest USA Seminar

Tianjin, China

May 16, 2012

Invest USA Seminar

Shenyang, China

April 25, 2012

License to Expand: A 2012 Business Climate Survey Event

Beijing, China

April 10, 2012

Doing Business in China

Palo Alto, California

April 1, 2012

Invest USA Seminar

Xi'an, China

December 1, 2011

Doing Business in China

Waltham, Massachusetts

August 1, 2011

Valuation Adjustment Mechanism and Its Issues in China

Beijing, China

May 12, 2011

EBD Group: ChinaBio Partnering Forum 2011

Beijing, China