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DLA Piper

20/F, SOUTH TOWER, BEIJING KERRY CENTER, NO 1 GUANGHUA ROAD, CHAOYANG DISTRICT, BEIJING 100020, CHINA
Tel:
Work +86 10 8520 0600
Fax:
Fax +86 10 8520 0700
Email:
Web:
www.dlapiper.com

China: Banking and finance

Foreign firms
Banking and finance: foreign firms - ranked: tier 3

DLA Piper 欧华律师事务所

DLA Piper’s recent work includes advising on complex cross-border financings, RMB dim sum bonds, project finance, syndicated loans and secured lending. Hong Kong-based Asia finance and projects head Paul Lee led the advice to Mettlesome Investments (Cayman) II (as borrower) on the approximately $1.2bn loan to fund the acquisition of Ironshore. China energy head Carolyn Dong, who divides her time between Hong Kong and Beijing, acted for the lenders on a $1bn club facility to Sinopec Canada Energy to refinance its inter-company loan; the matter was connected to the purchase of a stake in an LNG project and upstream oil and gas assets in Canada.

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China: Corporate and M&A

Foreign firms
Corporate and M&A: foreign firms - ranked: tier 2

DLA Piper 欧华律师事务所

DLA Piper expanded its Greater China corporate team with the addition of Shanghai-based Stewart Wang and Qiang Li, who is now co-managing partner of the firm’s mainland China offices alongside Roy Chan in Shanghai; Wang and Li joined from O’Melveny. Outgoings saw former Beijing corporate head John Shi and former of counsel Shan Lai join Bird & Bird. DLA Piper has an active practice advising Chinese insurance companies and, in the real estate space, it advised Shanghai Jin Jiang International Hotels on its strategic $1.3bn acquisition of Plateno Group from private equity funds. Shanghai corporate head Kit Kwok and Asia corporate head Paul Chen in Hong Kong are highly rated.

DLA Piper expanded its Greater China corporate team with the addition of Shanghai-based Stewart Wang and Qiang Li, who is now co-managing partner of the firm’s mainland China offices alongside Roy Chan in Shanghai; Wang and Li joined from O’Melveny. Outgoings saw former Beijing corporate head John Shi and former of counsel Shan Lai join Bird & Bird. DLA Piper has an active practice advising Chinese insurance companies and, in the real estate space, it advised Shanghai Jin Jiang International Hotels on its strategic $1.3bn acquisition of Plateno Group from private equity funds. Shanghai corporate head Kit Kwok and Asia corporate head Paul Chen in Hong Kong are highly rated.

Leading individuals

Kit Kwok - DLA Piper

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China: Dispute resolution

Foreign firms
Dispute resolution: foreign firms - ranked: tier 3

DLA Piper 欧华律师事务所

DLA Piper’s ‘team provides an excellent service and very timely responses at competitive rates; it is also great for strategy’. Shanghai managing partner Roy Chan has considerable experience in insurance and commercial related disputes, and Hong Kong-based Asia dispute resolution head Satpal Gobindpuri acted for Watanmal Boolchand & Co in defending Hong Kong High Court proceedings over allegations of unpaid director-level salary and bonus.

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China: Employment

Foreign firms
Employment: foreign firms - ranked: tier 2

DLA Piper 欧华律师事务所

DLA Piper acts on complex, cross-border employment matters for well-known multinationals, including handling high-profile employment disputes and investigations. Beijing-based Johnny Choi has covered matters involving the financial services, aviation, life sciences, technology and retail sectors. Shanghai-based associate Alan Wang is another experienced figure and Julia Gorham in Hong Kong is also highly rated.

Next generation lawyers

Alan Wang - DLA Piper

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China: Intellectual property

Foreign firms
Intellectual property: foreign firms - ranked: tier 2

DLA Piper 欧华律师事务所

DLA Piper’s ‘timely and thorough’ group advises on the full range of IP work, with a strong focus on enforcement work. Practice co-heads Horace Lam in Beijing and Edward Chatterton in Hong Kong have been leading advice to Avon on all trade mark matters in China and Hong Kong, including oppositions, cancellations and enforcement work. Chatterton has also been assisting ASOS with implementing an enforcement strategy against infringers in China. The team includes Shanghai-based Yan Zhao, who specialises in patent enforcement. Xiaoyan Zhang is now at Mayer Brown JSM.

Leading individuals

Horace Lam - DLA Piper

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China: Private equity/venture capital

Foreign firms
Other recommended firms - ranked: tier 1

DLA Piper 欧华律师事务所

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China: Projects and energy

Foreign firms
Projects and energy: foreign firms - ranked: tier 3

DLA Piper 欧华律师事务所

DLA Piper is highly experienced in handling outbound transactions for SOEs and private companies, particularly in matters regarding the One Belt, One Road initiative. Practice head Carolyn Dong, who divides her time between Beijing and Hong Kong, advised a syndicate of lenders (comprising ABC, China Construction Bank, Mizuho Bank, Scotiabank and HSBC) on a $1bn refinancing of Sinopec Canada with regard to its acquisition of an interest in a LNG project and upstream oil and gas assets in British Columbia, Canada. The team recruited Beijing-based financing expert Li Jie Han from Latham & Watkins LLP. Hong Kong-based Paul Lee heads the Asia finance and projects group.

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China: Real estate and construction

Foreign firms
Real estate and construction: foreign firms - ranked: tier 1

DLA Piper 欧华律师事务所

The ‘responsive, effective and efficient’ department at DLA Piper is experienced in handling a wide range of work – including retail, commercial, hospitality and development – with a growing focus on core asset management. Lillian Duan, who splits her time between Shanghai and Beijing, advised CBRE Global Investors on the disposal of a major shopping centre in Shanghai. Hong Kong-based Susheela Rivers leads the practice, which recruited Beijing-based Wayne Ma from Paul Hastings LLP.

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China: Shipping

Foreign firms
Shipping: foreign firms - ranked: tier 2

DLA Piper 欧华律师事务所

DLA Piper specialises in assisting Chinese companies and investors with outbound investments, as well as handling complex cross-border litigation and arbitration. Kevin Chan in Hong Kong led advice to China State Shipbuilding Corporation (CSSC) on a number of agreements concerning its £2.6bn joint venture with Carnival Corporation. The Shanghai team is headed by Roy Chan, who often advises on high-value shipping litigation.

Leading individuals

Roy Chan - DLA Piper

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China: Tax

Foreign firms
Tax: foreign firms - ranked: tier 3

DLA Piper 欧华律师事务所

DLA Piper’s team, which gives ‘timely and comprehensive advice’, is highly experienced in handling transfer pricing matters and the tax aspects of M&A, including supply chain management, distribution and business process reviews. In Beijing, of counsel Windson Li has a particular expertise in assisting clients with PRC transfer pricing issues, covering corporate tax compliance, incentive applications and tax dispute resolution. Hong Kong-based Daniel Chan leads the department.

Leading individuals

Daniel Chan - DLA Piper

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Further information on DLA Piper LLP (US)

Please choose from this list to view details of what we say about DLA Piper LLP (US) in other jurisdictions.

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Afghanistan

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Australia

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China

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Chile

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Germany

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Spain

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Finland

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France

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Hong Kong

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Hungary

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Latin America: International firms

India

Italy

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Japan

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Kuwait

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London

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Myanmar

Mongolia

Morocco

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Mexico

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Oman

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Philippines

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Portugal

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Qatar

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Romania

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Russia

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Scotland

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Sweden

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Singapore

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South Korea

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Slovakia

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Saudi Arabia

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Thailand

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Ukraine

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United States

Offices in San Francisco, Seattle, Palo Alto, San Diego (Downtown), Boston, Los Angeles, Tampa, Chicago, Baltimore, Washington DC, New York, Philadelphia, Dallas, Las Vegas, Raleigh, Austin, Houston, Reston, Virginia, Minneapolis, Atlanta, La Jolla, Phoenix, Sacramento, San Diego (Golden Triangle), Los Angeles, Silicon Valley, Orlando, New Jersey, Maryland, Miami, and Wilmington

West Midlands

Offices in Birmingham

Yorkshire and the Humber

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • What is the relationship between PPP and concessions?

    From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.
  • Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Concilia

    The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.  Read more
  • Impact of Article 43 of the Commercial Bank Law on PPP Projects

    With the widespread use of the PPP model in China, financing channels for PPP projects have also increasingly diversified.  Bank, trust, fund and insurance channels of capital have all rushed onto the stage of project financing. Subject to Article 43 of the Commercial Bank Law, banks, as the traditional big brother of financing, have always played the role of lender.  In practice, the opinions as to whether they can participate in the bidding on, and contributing capital to, PPP projects as private investors have been mixed.
  • A LOOK BACK AND THOUGHTS ON PPP LEGAL PRACTICE IN CHINA IN 2015

    The current PPP tide in China driven by the Ministry of Finance and the National Development and Reform Commission witnesses the transformation and upgrading of large state-owned enterprises.  These enterprises that have traditionally only been familiar with bid invitation, bid submission, and construction, have started to have an impact on numerous new areas such as project proposal and planning, company establishment and acquisition, fund establishment and operation, etc.  Certain state-owned enterprises that got their starts fairly early have cultivated teams with extensive experience in investing, and certain enterprises that are just starting up are selecting young talent from various entities in all out effort to catch up.  Private enterprises also participate enthusiastically.
  • Transfer Pricing – New Risks in Declaring Price Impact of Special Relationship to China Customs

    China Customs recently requires that the importer or exporter of record declare the impact on the import or export price of its special relationship with the counterpart (“Price Impact”). Specifically the declaring party must state whether its special relationship, if any, would affect the transaction value or price as declared to the China Customs. Previously the special relationship was an item of declaration subsequent to a specific request from the Customs. However, the impact of the special relationship was not an item of declaration, and the declaration party even had a general defense right to disprove such Price Impact. The Price Impact, if any, has been a pre-condition for  the Customs not to accept the declared transfer price for the purpose of ascertaining dutiable price of a given import or export shipment, in which case, China Customs shall re-value the given shipment according to China customs valuation rules.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
  • ICC and CIETAC Arbitration Practice Comparison - Case Study Note 1

    One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
  • Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights:

    Ren Qing and Wu Peng, Partners in Zhong Lun Law Firm
  • POTENTIAL CHANGE OF CHINA’S FOREIGN INVESTMENT LAWS AND ITS EFFECT ON VIE STRUCTURES

    By Steve Zhao
  • Zhong Lun Advises Chinese Consortium on $1.9 Billion Acquisition of OmniVision Technologies, Inc.

    On April 30, 2015, OmniVision Technologies, Inc. (OVTI, a Delaware company listed on NASDAQ) announced that it has entered into a definitive agreement to be acquired by a consortium composed of Hua Capital Management Co. Ltd. (“Hua Capital Management”), CITIC Capital Holdings Limited (“CITIC Capital”) and GoldStone Investment Co. Ltd. (“GoldStone Investment”) (collectively, the “Consortium”). Under the terms of the agreement, OmniVision stockholders will receive $29.75 per share in cash, or a total of approximately $1.9 billion. The agreement was unanimously approved by OmniVision’s Board of Directors.