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O'Melveny & Myers LLP

PLAZA 66, 37TH FLOOR, 1266 NANJING WEST ROAD, SHANGHAI 200040, CHINA
Washington DC, Tokyo, Singapore, Silicon Valley, Shanghai, San Francisco and 8 more

China : Corporate and M&A

Within Foreign firms, tier 4

O’Melveny & Myers LLP provides ‘outstanding levels of service’. The practice advised Global Education & Technology Group, a provider of language training, educational courses and test preparation services in China, on its sale to Pearson. Qiang Li is Shanghai managing partner; Walker Wallace in Shanghai is recommended; and Beijing-based David Roberts is ‘one of the top lawyers in the region. He is extremely knowledgeable and very user-friendly’. Shanghai-based Wendy Pan joined from Morgan Lewis.

China : Dispute resolution

Within Foreign firms, O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP is ‘outstanding at dispute resolution’, and its ‘geographical coverage across China and the rest of Asia enables it to provide a consistently high quality service’. The team is ‘experienced, professional and responsive’ and is as good at providing an ‘international angle’ as it is at ‘understanding the situation from a Chinese point of view’. Recent highlights include acting for Beijing Hualian in a dispute over its joint venture investment in a luxury shopping centre in Beijing. Other key clients include Rio Tinto, Blue Horizon Energy, China Eastern Airlines, SK Group, Nomura International, Macquarie Capital Group, Credit Suisse and Genting Berhad. Team head Friven Yeoh, based in Hong Kong, is ‘particularly insightful’ and ‘very experienced in international disputes’. Bingna Guo in Beijing is also recommended.

China : Intellectual property

Within Foreign firms Other recommended firms

China : Private equity/venture capital

Within Foreign firms, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP is especially adept at handling going-private transactions, particularly those concerning Chinese US-listed companies looking to de-list. The team represented China Real Estate Information Corporation in connection with its entry into a definitive merger agreement with E-House (China) Holdings, marking the first such deal in Asia where two public companies were involved. Walker Wallace in Shanghai and Beijing-based David Roberts are recommended.

China : Projects and energy

Within Foreign firms Other recommended firms

China : Real estate

Within Foreign firms, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP’s practice includes Qiang Li and Walker Wallace in Shanghai. The firm acts for various Chinese and multinational corporates and funds, and recently represented Taubman Centers in the acquisition of a 90% controlling interest in Beijing-based retail real estate consultancy TCBL. Other clients include Tishman Speyer Properties, and Treasury China Trust.

China : TMT

Within Foreign firms Other recommended firms

China : Tax

Within Foreign firms, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP’s tax team has particular expertise in tax structuring and planning in relation to cross-border M&A transactions and joint ventures, corporate reorganisations, and liquidations. The team has undertaken a number of contentious matters against tax bureaus, and is often asked to give comments on all major draft tax legislation, including – most recently – Chinese partnership tax rules. Highly regarded Larry Sussman leads the tax practice in China.

Further information on O'Melveny & Myers LLP

Please choose from this list to view details of what we say about O'Melveny & Myers LLP in other jurisdictions.

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Offices in Brussels

China

Offices in Beijing and Shanghai

Hong Kong

Offices in Hong Kong

Indonesia

Japan

Offices in Tokyo

London

Offices in London

Singapore

Offices in Singapore

United States

Offices in Washington DC, Newport Beach, New York, San Francisco, Los Angeles, Silicon Valley, and Los Angeles

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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

  • 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.
    - Haoliwen Partners

  • 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.
    - Haoliwen Partners

  • 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.
    - Haoliwen Partners

  • 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.
    - Haoliwen Partners

  • 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
    - Guantao Law Firm

  • WHD IP Express No.1 2012/11

    CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service
    - Wan Hui Da Law Firm

  • WHD IP Express No.1 2012/10

    Neoplan Loses an Important Infringement Lawsuit Due to Invalidation of it's Design Patent
    - Wan Hui Da Law Firm

  • Legal Developments of China’s Micro-credit Industry

    Micro-credit companies, which provide lending services for farmers, individual industrial and commercial households, and small and medium-sized enterprises, have become an important channel for private capital to enter the financial market and a significant supplementary power of China's credit market.
    - Jingtian & Gongcheng
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