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The Legal 500 Readership Survey 2012

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"King & Wood Mallesons is a legal powerhouse for the Asian century - with the capability, capacity and reputation to support clients in the world's most dynamic region. It is o..." read more
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Overview

With a slight slowdown in growth, coupled with pricing issues, concerns over Europe and a change of government in process, market confidence has dipped in China. Consequently, closing deals in China has become increasingly tough. Nonetheless, legal practices in China have noted the increased interest of Chinese state-owned enterprises (SOEs) and banks in Europe, where they are looking to buy quality assets at reduced prices due to economic circumstances. Furthermore, China’s demand for overseas energy and natural resources remains keen; and the country’s lawyers have also enjoyed significant activity in the renewable sectors, both inbound and outbound. Standout energy transactions include Skadden, Arps, Slate, Meagher & Flom LLP’s representation of China Three Gorges Corporation on its €2.69bn acquisition of a 21.35 per cent stake in EDP, the largest-ever Chinese investment in Europe.

News of the year for China’s legal market involved domestic firm King & Wood combining with Australian outfit Mallesons Stephen Jaques in March 2012 to become King & Wood Mallesons. The Beijing office now includes over 90 partners and 460 fee earners, with the combined firm housing over 1,000 lawyers in Greater China. Since the merger, the firm has continued to recruit. Reinforcing the firm’s energy and resources capability, the firm’s Beijing office welcomed partner Dirk Walker and of counsel Dina Yin from Dewey & LeBoeuf LLP and Linklaters respectively. In addition, Shanghai-based Simon Meng, the former head of Herbert Smith LLP’s China M&A practice, joined King & Wood Mallesons in Shanghai.

High-profile movements at foreign firms include Dechert LLP (Beijing Representative Office)’s former Beijing managing partner Henry Wang joining JSM, and White & Case LLP’s recruitment of Alex Zhang from Jones Day as head of China M&A. Movement at domestic practices included Kirkland & Ellis International LLP’s former senior Chinese corporate partner Xiaoyang Li returning to Jun He Law Offices in Beijing; Li was one of the first senior-ranking partners to join a Western practice from a Chinese one. Two firms have opened new offices on the mainland: Silicon Valley firm, Gunderson Dettmer LLP, launched in Beijing with the hire of Chris Terry and Steven Liu from DLA Piper; and Loeb & Loeb LLP brought over Roger Peng from Paul Hastings LLP for its new Beijing outpost. Chinese firms are also venturing overseas, with Zhong Lun Law Firm launching its London office in 2012.

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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Labeling Luxury Products Imported into China: - Why Do You Need A Seasoned Lawyer?

    Recently Guangdong Provincial Administration of Industry and Commerce ("Guangdong AIC"), a local administrative authority supervising business operations in its territory in China, revealed a list of jewelry manufacturers and distributors selling defective jewelry products in 2012. Some of internationally reputable jewel brands appeared on the list for non-compliance with Chinese labeling laws, regulations or standards, or for incorrect or improper engraving and/or labeling practices. As a result, Guangdong AIC slapped a large amount of fines on those companies and ordered them to recall all the defective products from the market. This exhibits how improper labeling has affected sale of products in China.
  • The Supreme People’s Court Issued a Judicial Interpretation

    The Supreme People's Court of PRC has recently issued its "Rules on Several Issues Related to Law Application concerning Adjudication of Civil Disputes Arising from Monopolistic Activities" (the "Judicial Interpretation"), which will come into effect from June 1, 2012. This Judicial Interpretation has laid out rules on the allocation of burden of proof relating to the following three cases of monopolistic activities on the basis of the PRC Anti-Monopoly Law (the "AML") and the PRC Civil Procedural Law.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.
  • Will OEM catch you out?

    Original Equipment Manufacturing(OEM), particularly cross-border OEM, is perhaps most common model in the contemporary manufacturing world. It's now routine for Western companies to provide design and technology know-how and then to outsource production to China and other Asian countries where the labour needed to manufacture a product is comparatively inexpensive.
  • A Second Look at NDRC’s Most Recent Enforcement Cases against Price Violations in 2013

    On January 4, 2013, NDRC declared that Samsung, LG and four Taiwanese firms were fined RMB 350 million for fixing the prices of LCD screens during the period from 2001 to 2006  (" LCD Case "). On January 16, 2013, Maotai, one of most famous wine brands in China, declared that they were investigated by NDRC for its monopolistic behaviors and they therefore would modify all their sales policies that had violated the 2008 Anti-monopoly Law of PRC (" AML "), in particular the resale price maintenance policy. This was closely followed by the declaration of WuLiangYe, another wine magnet in China, which announced on January 17, 2013 that they would also abolish all the sales policies in violation of AML, after an investigation of NDRC.
  • CHINA gossIP - Intellectual Property Journal - March/April 2013

    In this issue:
    - HFG
  • CHINA gossIP - Intellectual Property Journal - January/February 2013

    In this issue:
    - HFG
  • Legal Risks in Commodity Classification for Customs Clearance [Customs&Trade]

    In July of 2007, an overseas projector manufacturer modified its video projector products (HS Code: 8528 3010, Duty Rate: 35-30%) into digital projectors (HS Code: 8471 6090, Duty Rate: 15-10%) through a series of technical methods, such as installing video connectors and crystal oscillators, covering up pre-set sockets, changing buttons, modifying relevant software, renovating outer packaging and product manuals. Later, its subsidiary in China imported such modified products under an HS Code applicable to digital projectors. After customs clearance, the company had the imported products re-modified into video projectors and sold them in China.
  • Memorandum on “The Circular of The NDRC on the Issuance of RMB Denominated Bond in Hong Kong..."

    Special Administrative Region by Domestic Non-financial Institutions
  • WHD IP Express No.1 2012/11

    CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service

Press Releases worldwide

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