The Legal 500

Covington & Burling LLP

2301 TOWER C, YINTAI CENTRE, 2 JIANGUONMENWAI AVENUE, CHAOYANG DISTRICT, BEIJING 100022, CHINA
Tel:
Work +86 10 5910 0591
Fax:
Fax +86 10 5910 0599
Web:
www.cov.com
Email:

The firm

Covington & Burling LLP is an international law firm of more than 800 lawyers with offices in Beijing, Brussels, London, New York, San Diego, San Francisco, Silicon Valley and Washington DC. The Beijing office, opened in 2008, is active in a range of international transactions, trade, and dispute resolution, regulatory and policy matters. Clients come from the life sciences, technology and media, financial services, energy and other industries. The firm’s lawyers in China represent a unique grouping of professionals whose experience crosses the realms of law, line operating experience in China, and government. Many of the firm’s attorneys are PRC nationals who have trained both in the US and China.

Areas of practice

Life sciences: Covington provides a full range of transactional and advisory services to pharmaceutical, biotechnology, medical device, dietary supplement, organic food, veterinary and agricultural companies worldwide. Its clients include many of the major multinational pharmaceutical, food and agriculture companies, as well as a wide array of biotechnology, diagnostic and medical device companies, ranging from start-up ventures to industry leaders.

Corporate practices: the firm’s corporate lawyers in China have deep experience handling a broad range of China inbound M&A transactions and also in advising clients headquartered in China on corporate matters, with a particular focus on outbound capital markets transactions, corporate governance matters, venture capital fundraising, and mergers and acquisitions. These lawyers call on the cross-disciplinary expertise of other Covington lawyers across the firm in areas such as employment and executive compensation, tax, IP, data privacy, antitrust, and other specialties, all of whom are accustomed to advising under the time constraints and pressures of corporate transactions. The firm also assists clients in structuring and executing investment and joint venture transactions.

Trade law and trade policy: Covington advises US and international clients on a broad range of issues related to US-China trade policy, particularly as these issues evolve in tandem with the bilateral relationship. Covington represents Chinese clients in proceedings arising under the trade laws of the US, including the anti-dumping and countervailing duty laws, the US safeguards provision, and s301 of the Trade Act of 1974. The firm represents clients in proceedings before the United States Trade Representative concerning the Generalised System of Preferences, and advise clients on proceedings arising under the World Trade Organisation’s Dispute Settlement Understanding.

FCPA: Covington’s unique command of the Foreign Corrupt Practices Act (FCPA) dates back to the law’s enactment in 1977, when Covington lawyers helped to draft the statute. For more than 30 years, Covington has advised clients in every aspect of the FCPA, from representing clients in government investigations to designing anti-corruption compliance programmes. The firm has represented numerous US and non-US clients in FCPA matters that have arisen in China.

CFIUS: Covington advises US and foreign companies on all aspects of the US national security review process of foreign investment acquisitions administered by the Committee on Foreign Investment in the United States (CFIUS). The firm’s practice covers transactional, regulatory, and policy and legislative matters related to CFIUS and special issues associated with acquisitions by government-owned companies or sovereign wealth funds. Covington attorneys have held senior positions in six of the 12 key CFIUS agencies, including in the White House, the office of the US Trade Representative, and the Departments of State, Commerce, Treasury and Justice.

Languages
Cantonese
English
Mandarin
Shanghainese
Taiwanese

Other offices
Brussels
London
New York
San Diego
San Francisco
Silicon Valley
Washington DC

International groupings
American Chamber of Commerce in Beijing
US-China Business Council
US Information Technology Office

Number of lawyers 873

at this office 16

Above material supplied by Covington & Burling LLP.

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