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 significant 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 exceptional 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 significant depth and scope of service, keeping with our tradition of sophisticated problem solving at the intersection of business, government and regulation.

Read More
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

Publications & News

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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.

March 25, 2016

Innovation and Censorship of Television in China

China has embarked on a difficult transition from high growth fueled by reliance on investment and manufacturing to growth based on consumption and the service sector. For this new economic model, the key to sustaining growth is innovation.

March 10, 2016

Tightening Internet Regulation in China

While the so-called Great Firewall remains in place to block unwanted overseas content and postings by ordinary citizens remain subject to censorship, now the restrictions on publishing and programming familiar to radio, film and television are being extended in full to the Internet.

March 8, 2016

Enhanced North Korea Sanctions Adopted

The United Nations Security Council approved a Resolution last week imposing new sanctions against North Korea in response to its recent nuclear and missile tests. This UNSC action follows the enactment of the North Korea Sanctions and Policy Enhancement Act of 2016 by the United States in late February. 

January 26, 2016

WilmerHale 2015 in Review

As the new year gathers momentum, we want to pause and thank you for your support over the past 12 months—a period in which we enjoyed challenging legal work, strong client relationships, and a collegial culture grounded in hard work, teamwork and dedication to community.

January 14, 2016

China Issues Updated Telecommunications Services Catalogue

China has for the first time in 12 years issued a new edition of the Telecommunications Services Catalogue to replace the badly outdated 2003 version issued shortly after China's WTO accession.

December 11, 2015

International Travel Tips for Foreign Nationals

Foreign nationals who plan to travel abroad during the upcoming holiday season should make sure that they have the requisite immigration documents and instructions before they depart and reenter the United States.

October 22, 2015

China Sets Schedule for Implementation of Negative List System for Market Access

China's State Council on October 19, 2015 published the Opinions on Implementing the Negative List System for Market Access, specifying that China intends to implement a unified national negative list system for market access in 2018.

January 28, 2015

MOFCOM’s Interim Rules on Restrictive Conditions for Concentrations of Undertakings

China’s Ministry of Commerce on December 17, 2014 issued an interpretation on its December 4 Interim Rules on Restrictive Conditions for Concentrations of Undertakings (Interim Remedy Rules) which became effective on January 5, 2015.

January 27, 2015

China’s Draft Unified Foreign Investment Law

China’s Ministry of Commerce issued the draft unified Foreign Investment Law for public comment to unify legislation on foreign-invested enterprise.

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