Combining prominent policy, regulatory and government relations capabilities in China with premier in-country business and transactional experience.


While China continues to offer attractive trade and investment opportunities, capitalizing on those opportunities presents particular challenges. Intricate legal, regulatory, governmental and cultural barriers confront foreign companies trying to do business in China, yet increasingly sophisticated investment and financing choices for structuring transactions continue to become available to investors there, as well as an array of approaches to addressing regulatory barriers and in-country operations. Our commitment to clients ranging from the Fortune 100 to small- and medium-sized enterprises doing business in or exporting to China, and Chinese entities doing business abroad, continues to grow.

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

Zhou, Kenneth

Kenneth Zhou

Partner

+86 10 5901 6588 (t)

kenneth.zhou@wilmerhale.com

Zhao_Jennifer_lo.jpg

Jennifer Zhao

Associate

+86 10 5901 6360 (t)

jennifer.zhao@wilmerhale.com

Xu, Tao

Tao Xu

Senior Staff Attorney

+86 10 5901 6588 (t)

tao.xu@wilmerhale.com

The Team

The firm's China team was established by Ambassador Charlene Barshefsky, former United States Trade Representative (USTR), and Robert Novick, former USTR General Counsel. They are joined by Lester Ross, Partner-in-Charge of the Beijing office and a member of the firm's Transactional and Regulatory and Government Affairs Departments. The team is widely recognized as being one of the strongest for corporate, financial services and intellectual property work, including M&A, venture capital, private equity, foreign direct investment, financial services, life sciences, telecommunications, and technology. The team has represented clients across a range of industries in many types of business dealings, including structuring, negotiating and documenting transactions such as precedent-setting foreign investment transactions and the resolution of issues in connection therewith.

Experience

Members of the team have 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 advises Chinese entities on their outbound commercial, investment and trade transactions, including obtaining regulatory approvals, and on the structuring of transactions and defending against trade actions. We have implemented investment strategies, structured business transactions and devised sophisticated market access strategies for multinationals around the world, and have negotiated with and litigated against virtually every major trading nation, as well as emerging market countries.

Publications & News

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April 5, 2018

China Tightens Scrutiny Over the Transfer of Intellectual Property Rights to Foreign Parties

The Measures on the Transfer of Intellectual Property Rights to Foreign Parties (Pilot) tighten scrutiny over the transfer of intellectual property rights to foreign parties on national security or public interest grounds.

April 3, 2018

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22 Presidential Memorandum directing action pursuant to Section 301 of the Trade Act of 1974.

March 23, 2018

New Presidential Proclamations Amend Section 232 Tariffs on Steel and Aluminum Imports, Including Temporary Exemptions for Wider Group of Countries

Yesterday, President Trump issued new Proclamations regarding Section 232 tariffs on steel and aluminum, amending the original Proclamations (9704 and 9705) issued on March 8.

March 23, 2018

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies, practices, and actions.

March 19, 2018

U.S. Department of Commerce Provides Further Guidance Regarding the Process for Submitting Exclusion Requests to the Section 232 Tariffs on Steel and Aluminum Imports

The U.S. Department of Commerce has published an interim final rule establishing procedures by which organizations may submit requests for exclusions from the Section 232 tariffs.

March 14, 2018

Chinese Government Reorganization

Attention during China's annual lianghui focused on adoption of the constitutional amendment to eliminate term limits on the offices of President and Vice President, allowing President Xi Jinping to remain in office indefinitely.

March 9, 2018

President Trump Issues Proclamation Imposing Tariffs on Steel and Aluminum Imports

Yesterday President Trump signed two Proclamations that impose 25 and 10 percent tariffs on imports of certain steel and aluminum products, respectively, other than those imported from Canada and Mexico.

December 22, 2017

Global Magnitsky Sanctions Target Human Rights Abusers and Government Corruption Around the World

This article also appeared on the New York University School of Law Compliance and Enforcement Blog.

December 20, 2017

Policies and Regulations to Be Made Consistent With Anti-Monopoly Law

When China enacted its Anti-Monopoly Law in 2007, some called it “China's Economic Constitution,” anticipating that it would serve as the statutory basis for fundamental market-based reform of China's economy.

October 31, 2017

Competition Impact Review to Be Required for All New Chinese Regulations

China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry and Commerce—together with the Ministry of Finance and the State Council Legislative Affairs Office, on October 26 jointly published the Rules on Implementation of the Fair Competition Review System (for temporary effect) (Fa Gai Jia Jian [2017] No. 1849).

Events

October 23-27, 2017

International Dispute Resolution Masterclass - Beijing

Beijing, China

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