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.

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

Weller, David L.

David L. Weller

Partner

+1 202 663 6544 (t)

david.weller@wilmerhale.com

Yew_Simone.jpg

Simone W. Yew

Partner

+1 650 858 6065 (t)

simone.yew@wilmerhale.com

Zhou, Kenneth

Kenneth Zhou

Partner

+86 10 5901 6588 (t)

kenneth.zhou@wilmerhale.com

Gao, Aileen

Aileen Gao

Counsel

+1 212 295 6485 (t)

aileen.gao@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 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.

February 4, 2013

WilmerHale 2012 in Review

As another busy year gathers momentum, we are pleased to report to you on some of the firm’s key achievements of the past 12 months. In 2012, we were privileged to gain a fresh appreciation for the depth and breadth of our practices, the financial strength of our firm, and the loyalty of our remarkable clients, from our new vantage as co-managing partners. It was an exciting year, as our lawyers and staff responded with enthusiasm and dedication to the continued strong demand for our services, and our clients and friends showed their ongoing support in countless ways.

January 28, 2013

Chinese Government Plans Consolidation of Domestic Industry

January 7, 2013

China's First Prosecution of an International Price-Fixing Cartel

October 1, 2012

President Obama Issues Order Prohibiting Foreign Acquisition of US Company

On September 28, 2012, President Obama issued an order prohibiting a Chinese-owned company from acquiring four U.S. wind farm project companies. Although the U.S. government has not disclosed the national security issues raised by the transaction, the Treasury Department stated that the “wind farm sites are all within or in the vicinity of restricted air space at Naval Weapons Systems Training Facility Boardman in Oregon.” Parties considering foreign investment should not become unnecessarily alarmed about the Committee on Foreign Investment in the United States ("CFIUS") review process in terms of bias against foreign investment or investments from particular countries based on this rare action. CFIUS reviews remain highly fact-dependent and parties to a transaction should broadly consider possible issues related to national security even if their business is not directly involved in defense or other national security work.

July 19, 2012

WilmerHale counsels PAION AG in licensing agreement with Yichang

March 1, 2012

Chambers Asia Pacific 2012 Recognizes Top WilmerHale Lawyers

January 31, 2012

WilmerHale 2011 in Review

January 12, 2012

China Releases New Foreign Investment Catalogue (2011 Edition)

Events

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

April 1, 2011

PE/VC China: Qualified Foreign Limited Partner (QFLP) in China

Beijing, China

November 15, 2010

EBD Group: BIO-Europe 2010

Munich, Germany