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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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.

January 20, 2017

China Requires Registration of App Stores

The Cyberspace Administration of China on January 13, 2017 issued a notice concerning registration of Internet app stores. The notice requires that, effective January 16, all app stores must register with the provincial-level cyberspace authority.

November 10, 2016

China's Cybersecurity Law Imposes New Requirements on Doing Business in China

The Standing Committee of China's National People's Congress adopted the country's Cybersecurity Law on November 7—the latest in a spate of national security-related measures targeting the ICT industry.

October 14, 2016

China Reforms Its Registration System for Foreign Investment

On October 8, the Ministry of Commerce issued the Provisional Measures for Filing Administration of Establishment and Changes of Foreign-Invested Enterprises. The Filing Administration Measures are based on the Decision of the Standing Committee of the National People's Congress on the Revision of Four Laws Including the Law on Wholly Foreign-Owned Enterprises issued on September 3. This WilmerHale Client Alert was also published in Law360 on November 10, 2016.

September 30, 2016

China’s Emerging Social Credit System and the Role of the Courts

Persons (both individuals and companies) who are determined in a judicial administrative law proceeding to be socially uncreditworthy will be subject to prohibitions and other restrictions on their commercial, residential and family activities. This WilmerHale Client Alert was also published in Law360 on October 27, 2016.

September 15, 2016

New Book by Gary Born: International Arbitration and Forum Selection Agreements: Drafting and Enforcing

WilmerHale is pleased to announce the publication of Gary Born's most recent work on international arbitration and dispute resolution. The revised fifth edition of International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses.

September 7, 2016

Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer.

June 2, 2016

Journal of International Arbitration: Book Reviews

Jonathan Lim reviews Arbitration in China: A Practitioner's Guide—a book that focuses on the practical effect of the various Chinese law provisions and rules—in the Journal of International Arbitration ((2016) 22 J. Int. Arb. 3), published by Kluwer Law International.

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