China’s complex and dynamic relationships with the United States and other countries create both risks and opportunities for companies, financial institutions, universities, foundations and other entities. The widening range of geopolitical, economic and regulatory issues arising between the United States and China impacts business and, in some instances, even individuals in multiple dimensions, affecting investment decisions, sourcing, financing, supply chains, operational footprints, employment and marketing, business functions, security and profitability for companies around the world. WilmerHale’s deep insight into China matters makes us a preferred firm for clients navigating this shifting geopolitical, legal and regulatory landscape. Our lawyers have decades of experience working in China, handling regulatory and transactional challenges, addressing policy issues and geopolitical risk, and managing the US-China relationship from both within the US government and outside it. In addition, we have represented European, Japanese, Korean and other clients in this regard. 

Members of our team have occupied senior positions in the US government’s trade, regulatory, intelligence and defense communities, in the Executive Branch, and on Capitol Hill. In these roles, they have helped shape US policy on trade, investment and national security issues involving China, Chinese companies, and third-country companies operating in the Chinese market and with other connections to China and the broader Asia-Pacific region. Our lawyers also have decades of experience in private practice, advising companies navigating the US regulatory environment and its intersections with China. Our team members’ experience includes:

• Practicing in China for decades, advising US, Chinese and global clients;
• Acting as legal counsel and policy advisor on China issues in the Office of the US Trade Representative, including the Section 301 investigation of China’s trade practices, the US-China Phase One Agreement negotiations, US-China bilateral investment treaty negotiations, and the investigation of Chinese and Chinese-affiliated foreign investments as part of the Committee on Foreign Investment in the United States (CFIUS) process;
• Acting as legal counsel and policy advisor on counterintelligence issues associated with China in the US Department of Justice, including as Counsel for Law and Policy in the National Security Division, with responsibility for prosecuting sanctions noncompliance, export controls violations, economic espionage, and other cases;
• Acting as legal counsel and policy advisor on China issues in the House Ways & Means Committee and Senate Finance Committee, advising members of both houses of Congress regarding US free trade agreements and impacts of trade negotiations on US-China relations, sanctions legislation and tariff reduction legislation;
• Acting as legal counsel and policy advisor on China issues in the Bureau of Industry and Security in the US Department of Commerce, advising the Assistant Secretary for Export Administration and the Under Secretary for Industry and Security regarding development and implementation of the Validated End-User program, and review of Chinese-affiliated foreign investments as part of the CFIUS process; and
• Serving as Deputy Secretary of the US Department of the Treasury with significant responsibility for the Department’s international agenda, including cross-border investment in his leadership role with CFIUS.

Additionally, members of our team have worked inside multinational companies, where they have had first-hand experience navigating business matters touching the United States and China.

We effectively leverage the full breadth of our experience to counsel a wide variety of private sector and sovereign clients regarding the regulatory implications of the US-China relationship for companies and for other governments. We advise on corporate transactions, intellectual property and international arbitrations involving China. We also draw on our firm’s broad network of current and former US government officials and other thought leaders to ensure that our advice is timely, well-informed, and comprehensive.

Our team conducts thorough risk assessments to identify potential geopolitical risks and their impacts on our clients’ operations and investments, analyzing regulatory filings, literature, and key stakeholder views in China, the United States, the European Union, and other jurisdictions. We also provide regulatory guidance to ensure our clients’ compliance with relevant laws, including economic sanctions, export controls and other requirements.