The Legal 500

White & Case LLP

CITIC SQUARE, 39TH FLOOR, 1168 NANJING ROAD (WEST), SHANGHAI 200041, CHINA
Tel:
Work +86 21 6132 5900
Fax:
Fax +86 21 6323 9252
Web:
www.whitecase.com

Recommendations

China: Banking and finance > Foreign firms
China: Corporate and M&A > Foreign firms
China: Intellectual property > Foreign firms
China: Projects and energy > Foreign firms
China: TMT > Foreign firms

China: Banking and finance

Within Foreign firms, White & Case LLP is a second tier firm,

White & Case LLP’s dedicated China banking and finance team includes veteran partners Xiaoming Li and John Hartley in Beijing and Hong Kong respectively, along with Hong Kong-based partners John Shum and Hallam Chow, and counsel Eugene Man. Beijing-based partners Baldwin Cheng and Steve Payne, and counsels David Li and Xin Wang are also noted. The practice advised the six banks underwriting a $3bn financing facility for China’s largest e-commerce company, Alibaba.com, to be taken private. It also represented China Development Bank Corporation in its $1.365bn financing of China Niobium Investment Holdings’ acquisition of a stake in Companhia Brasileira de Metalurgia e Mineracao, a privately held Brazilian niobium miner.

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China: Corporate and M&A

Within Foreign firms, White & Case LLP is a second tier firm,

White & Case LLP’s team includes veteran China partners Alex Zhang, who joined from Jones Day in 2011 as head of China M&A, and overall China practice head Xiaoming Li. The practice advised Nestlé on its $1.7bn acquisition of 60% of Hsu Fu Chi, a manufacturer and distributor of confectionery products in China. Partners Vivian Tsoi in Beijing, John Leary in Shanghai, and Virginia Tam in Hong Kong are recommended. Tao Lan joined the Beijing office from Dewey & LeBoeuf LLP.

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China: Intellectual property

Within Foreign firms Other recommended firms

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China: Projects and energy

Within Foreign firms, White & Case LLP is a second tier firm,

Highly recommended for its ‘completely integrated Chinese service’, White & Case LLP is ‘commercial in its approach’. The practice advised longstanding client Saudi Aramco on the proposed formation of a joint venture company with PetroChina and Yunnan Yuntianhua, to build, own and operate a crude-oil refinery located in Yunnan Province. It also advised China Development Bank on its commitment of $750m to SPI Solar and KDC Solar to fund the procurement, construction, installation and operation of solar power projects in the US. In Beijing, Xiaoming Li and Steve Payne are praised; and Hong Kong-based Hallam Chow is ‘responsive and helpful’.

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China: TMT

Within Foreign firms, White & Case LLP is a third tier firm,

A recent highlight for the TMT group at White & Case LLP includes advising six banks underwriting the $3bn financing put in place to support the privatisation of Alibaba.com. Leading IP lawyer Patrick Ma recently advised American Superconductor Corporation on its €190m acquisition of The Switch Engineering Oy, and Xiaoming Li advised China Development Bank on a $400m financing for the take-private transaction of Harbin Electric.

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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