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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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).

October 24, 2017

China's 19th National Party Congress

Communist Party General Secretary Xi Jinping opened the Party's quinquennial 19th National Congress on October 18 with a clearly delivered, 86-page, three-and-a-half-hour report.

September 1, 2017

New Policies on China's Overseas Investments

The Opinions divide China's outbound investments by sector into “encouraged,” “restricted” and “prohibited” categories, providing a clearer and more authoritative regulatory framework for regulation of overseas investments by Chinese companies. This WilmerHale Client Alert was also published in Law360 on September 12, 2017.

August 22, 2017

China's State Council Announces Promotion of Foreign Investment Growth

On August 8, China's State Council published the Notice on Promotion of Foreign Investment Growth (Guo Fa [2017] No. 39).

July 31, 2017

President Expected to Sign New Sanctions Bill to Constrain Presidential Authority While Expanding "Sanctions Toolkit" for Russia, Iran, and North Korea

On July 27, the US Senate passed the Countering America's Adversaries Through Sanctions Act, a comprehensive sanctions bill that expands US sanctions against three countries: Russia, Iran and North Korea.

June 21, 2017

China Relaxes Some Restrictions on Foreign Investment in China's Pilot Free Trade Zones

The General Office of China's State Council posted on June 16 the Special Measures on the Administration of Entry by Foreign Investment in Pilot Free Trade Zones.

June 8, 2017

Cross-Border Data Flows Security Assessments in China

China has issued for public comment draft standard-like guidelines to govern cross-border data flows to further implement China's heightened concern over national security and cybersecurity, as embodied in the National Security Law (2015), Cybersecurity Law (effective June 1, 2017) and related laws and regulations.

March 14, 2017

NDRC’s Briefing Meeting on Increased Openness to Foreign Investment

Deputy Director General Liu Hongkuan and senior officer Guo Rui briefed USCBC members on the Notice on Several Measures on Increasing Openness to Foreign Investment and Active Use of Foreign Investment, published by the State Council on January 17, 2017.

February 13, 2017

WilmerHale 2016 in Review

As we look back on 2016, we thank you for another successful year in which we were privileged to represent an extraordinary lineup of innovators, institutions and industry leaders.

January 24, 2017

China’s State Council Announces Expanded Opening to Foreign Investment

On January 17, China's State Council published the Notice on Several Measures on Increasing of Openness to Foreign Investment and Active Use of Foreign Investment. The notice is intended to expand China's openness to foreign investment into China.

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