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Editorial

Regulatory/compliance: foreign firms

Index of tables

  1. Regulatory/compliance: foreign firms
  2. Leading individuals

Leading individuals

  1. 1

Allen & Overy LLP specialises in compliance and regulatory investigations in the financial services sector, where it advises global investment banks and fintech companies on issues including cyber security and transparency regulations. Leveraging the firm's global platform, the Greater China regulatory department has been instructed in global corruption and foreign exchange investigations, where is acts alongside its colleagues in the US and Europe. The primary contact in the mainland is Shanghai-based Jane Jiang, who acted for a client in relation to an investigation by the China Securities Regulatory Commission concerning alleged violations of PRC securities laws. Additionally, the team advised an online trading platform on a variety of compliance matters including multijurisdictional payment regulations. The regulatory group is primarily based in Hong Kong, where Charlotte Robins and Simon Clarke are key contacts. Credit Suisse, HSBC and Standard Chartered Bank are among the team's clients.

Baker McKenzie FenXun provides 'truly top-notch service' on a range of regulatory and compliance matters including labour and tax concerns. Clients have singled out Simon Hui, who has 'a calm and authoritative presence' but remains 'very approachable, and most importantly, very responsive in tight situations'. Hui has assisted multinational corporates with a variety of internal investigations, and has also advised clients on the structure and establishment of compliance systems. Another figure in the mainland is counsel Vivian Wu, who specialises in internal investigations, where she has acted for major international clients in relation to internal investigations concerning employee misconduct. The team has also performed compliance reviews for large domestic clients. Other names to note include Zhenyu Ruan, senior associate Henry Chen and Mini vandePol, who heads the firm's Asia Pacific compliance and investigations group from the Hong Kong office.

Kobre & Kim is 'specialised in handling regulatory investigations and ensuing disputes'; indeed, 'the expertise in this area is not scattered globally, but is its real forte, firm-wide'. The firm opened its Shanghai office in 2017 and brought in Shaun Wu from the Hong Kong office to lead regulatory investigations from the mainland. Wu is 'the lawyer many people think of when they think of investigations and disputes in China'. With a focus on US investigations involving Chinese operations of multinational companies, Wu is 'uniquely positioned in the market, leveraging qualifications in the US, UK and BVI, fluency in English, Mandarin and Cantonese, and a deep familiarity with Chinese business culture'. In addition to US-related investigations, Wu has handled internal investigations for international corporates and acted for a client in relation to an investigations initiated by the Ministry of Commerce of the People's Republic of China. The China practice was further bolstered by the arrival of Wade Weems, who joined the firm from the US DOJ and recently relocated to the Shanghai office. Vasu Muthyala leads on investigations from the Hong Kong office and also has considerable experience with China-facing matters.

Herbert Smith Freehills LLP has experience with employee misconduct investigations and financial services compliance, though its biggest draw may be an 'impressive white-collar crime team' in the Hong Kong office. The mainland practice is led by Karen Ip, who acts for multinational corporates in employee misconduct and corruption investigations. In the Hong Kong office, Kyle Wombolt heads the white-collar crime and investigations department. 'An impressive and truly invaluable adviser', Wombolt has acted for Chinese subsidiaries of multinational corporates and Chinese SOEs with operations abroad in relation to external regulatory investigations and internal anti-corruption mandates. Mainland-facing work is also handled by Hong Kong-based partners William Hallatt and Hannah Cassidy, both of whom have considerable expertise in contentious and non-contentious regulatory matters in the financial services sector.

Hogan Lovells International LLP has expertise in handling cross-border investigations and enforcement actions, particularly where US authorities are involved. The team regularly advises multinational corporates on multijurisdictional internal compliance and employee misconduct investigations. The China practice is headed by Eugene Chen, who has extensive experience handling enforcement actions by the US DOJ and US SEC. Acting alongside his US colleagues, Chen represented Dun & Bradstreet in a US DOJ-led investigation concerning the acquisition of data, and also helped the client resolve certain Foreign Corrupt Practices Act (FCPA) violations with the US SEC. The team has also appeared before Chinese regulators, and has handled a variety of internal investigations initiated by whistle-blower claims.

Kirkland & Ellis International LLP specialises in investigations involving the FCPA and has experience with internal and cross-border investigations particularly in the life-sciences and pharmaceuticals industry. Moreover, the team regularly acts as external counsel for clients in the healthcare, renewable energy and insurance sectors in relation to compliance investigations. Tiana Zhang heads the department and has assisted a client in the aerospace sector with a highly publicised investigation into potential misconduct. Additional contacts include Jodi Wu and Agnes Li, who has experience in white-collar investigations and FCPA-related litigation.

Acting for domestic corporates and multinationals with operations in China, Skadden, Arps, Slate, Meagher & Flom LLP has 'dedicated professionals, who provide consistently reliable advice' on US regulatory enforcement matters, litigation and internal investigations. The team is jointly headed by Steve Kwok and Bradley Klein, both of whom regularly work across the firm's Hong Kong and mainland offices. The Greater China group also works closely with its colleagues in the US, where it has represented multiple Chinese companies in investigations initiated by the US SEC and the US DOJ. Kwok and Klein have also been involved in large-scale internal compliance and corruption investigations for multinational corporates in a variety of sectors including telecoms, technology and pharmaceuticals. Xiao Liu joined Quinn Emanuel Urquhart & Sullivan, LLP in 2018.

DLA Piper's regional regulatory investigations group has considerable experience with multijurisdictional internal misconduct and corruption investigations. The China investigations practice is headed by Hong Kong-based Sammy Fang, who has been particularly active in cybercrime-related investigations. The department's on-the-ground presence in Beijing was strengthened by the arrival of Ning Qiao, who joined the firm from O'Melveny and has experience with competition, FCPA and anti-bribery investigations. Additional contacts include Nathan Bush, who leads the wider Asia investigations group from the Singapore office, and Hong Kong-based Kevin Chan, who heads the litigation and regulatory group. The department's clients span a range of industry sectors including pharmaceuticals and professional services.

Ropes & Gray LLP is often instructed in cross-border internal investigations concerning white-collar crime, compliance structures and FCPA matters. The team is active across a range of industry sectors including technology, pharmaceuticals and private equity, and has assisted a host of well-known international clients with the structuring and implementation of global compliance programmes. New partner David Zhang is the key figure in the firm's Shanghai office, and Hong Kong-based Mimi Yang and Andrew Dale are also contacts for China-facing matters.

Shearman & Sterling LLP has a strong reputation for handling corporate investigations, anti-corruption and FCPA enforcement issues throughout Greater China, irrespective of industry sector. Working across the firm's Shanghai and New York offices, Brian Burke leads the Asia litigation and investigations practice and has acted for clients such as GlaxoSmithKline in some of the region's most significant anti-corruption investigations. Burke's China-focused investigations group has also handled various multijurisdictional anti-corruption investigations for clients including Louis Vuitton Moet Hennessy, RELX Group and Medtronic. In addition to its large-scale investigations mandates, the team is retained by clients such as the Valeo Group to advise on ongoing anti-corruption compliance concerns.


Regulatory/compliance: PRC firms

Index of tables

  1. Regulatory/compliance: PRC firms
  2. Leading individuals
  3. Next Generation Partners

Leading individuals

  1. 1

Next Generation Partners

  1. 1

Fangda Partners has a dedicated corporate investigation team which handles the full gamut of anti-corruption matters, government enforcements (administrative and criminal), compliance advice, structuring compliance programmes, as well as policies and related contentious matters. Among its recent highlights, Kate Yin represented a US MNC in an internal investigations relating to corruption and accounting fraud involving multi-layer third parties; handled an internal investigation into a embezzlement case for a real estate developer; and acted for a major Chinese company in conducting anti-corruption due diligence for their multibillion-dollar investments in a wide range of industries. Nuo Ji is representing a client in an investigation conducted by Bureau of State Security of China involving potential violation of national security law. Benjamin Miao is assisting a multinational company with a US investigation on potential export control breach and Melody Wang is acting for a chemical company in a multi-jurisdictional investigation involving potential violations of FCPA and Chinese anti-bribery regulations.

King & Wood Mallesons has shown enormous commitment to this field, building a sizable team in China. It represents numerous multinational and PRC clients. The team is especially active in the pharmaceutical, automotive and technology space, most notably advising a global pharmaceutical and medical devices companies in the State Administration for Industry and Commerce (SAIC) investigations into alleged violations of anti-bribery laws and handling an internal investigation for a leading global telecommunications equipment company for FCPA violations. Harry Liu and Wei Wu jointly lead the corporate investigation and anti-corruption practice which also include Junfeng Chang and senior associate Yuanyuan Zhu.

Global Law Office advises a number of major pharmaceutical companies and financial institutions on regulatory compliance issues, training and internal investigations. The team recently handled an internal fraud and trade secret violation investigation for a Chinese subsidiary of a major US company. Weiwei Gu specialises in anti-bribery administrative investigation cases; Alan Zhou has notable expertise in the life sciences and pharmaceutical space; and Michael Weng is recommended for white collar crimes and fraud investigation and enforcement. Of counsel Jacky Li is another name to note, with experience in evidence collection and analysis, having previously worked at the legal affairs department of a Shanghai Municipal Public Security Bureau.

MWE China Law Offices (Strategic alliance with McDermott Will & Emery)  leverages its alliance to advise a mix of domestic and multinational clients on multi-jurisdictional FCPA investigations and internal compliance programmes; it also advises on crisis management matters. Leon Liu's track record includes representing an SOE in an FCPA investigation and conducting a corruption, kickback and embezzlement investigation for a European client. James Jiang advised an infant and children's nutrition company involved in a commercial bribery investigation initiated by Chinese regulatory authorities.

Zhong Lun Law Firm advises multinational and domestic clients in compliance programmes, anti-corruption and bribery cases. Its clients span a broad range of industries including chemical, manufacturing, real estate and energy. Xiangwen Liu and Jun Gao jointly lead the practice.

DaHui Lawyers fields several litigators and corporate practitioners with expertise in PRC anti-bribery law as well as in the FCPA and UK Bribery Act. 2017 saw the team handling investigations initiated jointly by the PRC and US governments, along with a stream of internal and government investigation instructions. Zheng Zha has notable experience in corporate investigation and regulatory compliance matters, while Xikang Wang is singled out for his expertise in handling investigations arising under US and Chinese securities laws. Representative clients include Beijing Huinong Equity Investment, Beijing Hang Tang Wealth Investment Management, Petro-Cyberworks Information Technology and Xinyuan Real Estate.

Han Kun Law Offices'¬†'ability to propose practical solutions for complex regulation is amazing' ‚Äď it is¬†‚Äėable to advise multinationals' China subsidiaries on avoiding highly sensitive issues while finding ways to legally achieve their business goals‚Äô.¬†David Tang¬†has 'thorough understanding of the expectations of MNC headquarters outside China'. In 2017, Tang and¬†Min Zhu¬†handled a number of China cybersecurity law related compliance matters and the 'knowledgeable and flexible'Will Huang¬†represented a pharmaceutical company in a defamation and trade secrets infringement claim against a former employee.


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