Key Contacts
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Ambassador Charlene Barshefsky
Retired Partner
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Inbound
Clients across a broad range of industries turn to WilmerHale’s China team for many types of business dealings, including foreign investment, mergers and acquisitions, licensing transactions, and strategic collaborations. Members of our team are well-versed in counseling clients on mergers, acquisitions, divestitures, joint ventures, and strategic investments by foreign companies in China, as well as other general corporate matters. We support clients in such industries as 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. The team has substantial experience and relationships throughout China, including in Shanghai, Tianjin, Guangdong, Jiangsu, and other provinces and localities, in addition to Beijing.
Our transactional practice is complemented by extensive experience helping clients navigate China’s complex regulatory landscape, including investment approvals, anti-monopoly (antitrust), financial, environmental, trade, market entry barriers, and regulatory regimes for non-governmental organizations. We also assist clients to register, protect and, if necessary, litigate to protect their intellectual property.
Moreover, we assist clients in a broad range of compliance matters in China, including internal investigations and compliance training with respect to Foreign Corrupt Practices Act and Chinese anti-corruption laws, privacy and data security, cross-border data transmission, State secrets, and trade secrets.
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Outbound
We advise Chinese clients on their outbound investment, commercial and trade matters, particularly in mergers and acquisitions and greenfield investments, protecting their intellectual property, obtaining regulatory approvals, and defending against trade actions. WilmerHale has represented private and state-owned Chinese clients in such industries as automotive, aviation, commodities trading and financial services, life sciences, manufacturing, renewable energy, software, and technology. WilmerHale also has extensive experience advising many Chinese clients on US and EU regulatory and compliance matters, including CFIUS, export controls, ITAR and compliance sanctions. We support Chinese clients in international commercial arbitration, litigation and other legal proceedings in the United States and elsewhere in the world.
Experience
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Established equity and cooperative joint ventures, wholly foreign-owned enterprises and holding companies in various industries.
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Assisted US, European and other international clients in mergers and acquisitions of Chinese companies, post-close integration, and restructurings.
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For a US-based client, helped reduce or eliminate fines following an antitrust investigation in China, Japan and Korea, securing what has been reported as the largest-ever reduction in fines from the US Department of Justice following its investigation.
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Conducted internal investigations for Asian businesses, including one dealing with alleged kickbacks and extortion by sales representatives and another related to a major US-based manufacturer’s acquisition of a Chinese firm for $300 million.
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Assisted in securing approvals for several of the largest and most novel foreign investments in China.
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Advised on technology transfer and other licensing arrangements.
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Handled the successful investigation and litigation of intellectual property infringements.
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Represented investment funds and asset management companies in venture capital and private equity investment transactions.
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Counseled clients on the protection of intellectual property rights, including trademark, patent, copyright, trade secrets and unfair competition matters.
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Advised on tax law for foreign companies and foreign-invested enterprises.
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Obtained favorable outcomes for Chinese producers in anti-dumping investigations in the United States.