Regulatory/compliance: PRC firms in China

Fangda Partners

Fangda Partners' dedicated corporate investigation and anti-corruption team advises on corporate investigations, administrative and criminal government enforcement, compliance advisory, compliance programmes and policies, and related contentious matters. Its recent track record include successfully obtaining favourable outcomes for clients in a number of criminal prosecutions, and have won an administrative review against government agency, as well as acting for Chinese companies dealing with international crisis. Kate Yin's recent caseload include representing a US tech company in conducting a complex internal investigation relating to corruption and accounting fraud involving multi-layer third parties. Yanjun Zhuang represented an international pharmaceutical company in conducting a series of internal investigation regarding its operation in China. Melody Wang focuses on environmental pollution, bribery, financial fraud, and trade secret infringement disputes, and Nuo Ji specialises in government enforcement and related dispute resolution, and crisis management. Benjamin Miao, Derrick Zhao and Jianyuan Yang are also highly recommended.

Practice head(s):

Kate Yin; Benjamin Miao

Testimonials

‘Fast feedback, to the point analysis, clear and realistic solution, not just provide the legal opinion and give the risk evaluation.’

Work highlights

  • Represented a leading US multinational company in a high-profile investigation by the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) pertaining the corruption and accounting fraud involving multi-layer third parties.
  • Assisted a Chinese conglomerate with anti-corruption compliance issue relating to its multibillion-dollar investments.
  • Representing a world-leading coating manufacturer in a wide range of anti-corruption and corporate investigation matters.
  • Advising a leading US bioengineering company in complex internal investigations.
  • Representing an overseas listed company in an internal investigation into its PRC subsidiary relating to a scheme of employee’s misconduct.

King & Wood Mallesons

King & Wood Mallesons' corporate investigation and anti-corruption practice is jointly led by the highly regarded Shanghai-based Harry Liu and Beijing-based Wu Wei. It works with multinational and domestic clients, audit committees, accountancy and investigative firms and foreign counsels in civil and criminal anti-bribery cases and internal investigations. Recent highlights include successfully assisting a number of pharmaceutical and life sciences sector clients with multiple anti-bribery enforcements carried out by local Administrations for Market Regulation (AMR); acting for a financial institution in dealing with allegations of violations under FCPA in connection with a government investigation conducted by the US authority; and representing a client in completing a compliance due diligence work under the PRC Anti-Unfair Competition Law in a cross-border M&A transaction. Junfeng ChangXiaodan Xu and Ronghui Li are also names to note.

Practice head(s):

Wu Wei; Harry Liu

Other key lawyers:

Junfeng Chang; Xiaodan Xu; Ronghui Li

Work highlights

  • Handled an internal investigation in connection with allegations of violations under the FCPA and the PRC Criminal Code.
  • Acting for a investment fund company in a alleged commercial bribery case.
  • Assisted a financial institution with a fraud investigation and related criminal proceedings.

MWE China Law Offices

MWE China Law Offices has 'extensive practical experience in the areas of regulatory and compliance', serving clients in a wide range of industries with 'outstanding performance'. It regularly collaborates with McDermott Will & Emery LLP to advise on the compliance aspects of Chinese clients investments in the US; it also advises on multi-jurisdictional FCPA investigations and internal compliance programmes, as well as crisis management matters. Recent caseload features assisting SOEs with the compliance aspects of their overseas investment in the energy sector and representing a pharmaceutical client in conducting an internal investigation against a whistle-blower allegation regarding the involvement of a senior manager of a company in conflict of interest transactions. John Huang and Michelle Gon are highly regarded in anti-corruption, unfair competition, anti-monopoly and anti-fraud cases. Leon Liu is 'one of the very finest regulatory and defence lawyers in the world – his exceptionally sharp and accurate advice in situations where others fear to be committed is always a welcome guide in difficult situations'. James JiangCarol Sun and of counsel Andy Pan are other key contacts.

Practice head(s):

John Huang; Michelle Gon; Leon Liu

Other key lawyers:

James Jiang; Carol Sun; Andy Pan

Testimonials

The team can fully understand China’s relevant laws and regulations, and deeply understand China’s business and social environment, as well as the opinions and attitudes of government departments, so as to effectively assist foreign-invested enterprises operating in China to deal with the any potential issues‘.

Some of the lawyers have worked in the regulatory or law enforcement departments, and this valuable experience enables them to provide pragmatic solutions‘.

The team consists of both lawyers and technicians who are able to understand the specific requirements and communicate with different departments of the company effectively‘.

John Huang can timely deploy appropriate lawyers to deal with related issues according to the needs of customers. On the key issues, he is fully trusted to effectively solve problems in a timely manner‘.

Andy Pan is knowledgeable, responsive, and  able to propose solutions from the perspective of the clients‘.

Andy Pan and his team have extremely sharp insights and deep knowledge of the TMT industry, which enables them to provide practical and diversified solution‘.

Work highlights

  • Assisting SOEs with the compliance aspects of their overseas investment in the energy sector.
  • Representing a pharmaceutical client in conducting an internal investigation against a whistle-blower allegation regarding the involvement of a senior manager of a company in conflict of interest transactions.

Global Law Office

Global Law Office has notable expertise in corporate investigation and anti-corruption matters. Within the team, Alan Zhou is particularly experienced in all aspects of regulatory compliance issues for pharmaceutical and healthcare sector clients; litigator Weiwei Gu specialises in handling administrative investigation cases; Michael Weng handles investigations and enforcement of white collar crimes and management frauds; and of counsel Jacky Li is well versed in conducting investigations in connection with employees and commercial bribery.

Practice head(s):

Alan Zhou

Other key lawyers:

Weiwei Gu; Michael Weng; Jacki Li

Key clients

Lepu Medical

Boehringer-Ingelheim

ALFA WASSERMANN

GlaxoSmithKline

BeiGene

Ferring

Work highlights

  • Successfully defended Lepu Medical in an alleged bribery matter against an administrative punishment decision made by a local enforcement agency.
  • Assisted a global engineering company with a series of investigations against several senior level employees for embezzlement and fraud matters.
  • Advised a professional service provider on internal investigations on the alleged commercial bribery, employee embezzlement, and conflicts of interest issue.

Zhong Lun Law Firm

Zhong Lun Law Firm is 'creative and dedicated - it masters the art of bridging the gap for Western companies looking to deepen the focus on China'. The group assisted a range of multinational and domestic clients with the establishment of their compliance and anti-corruption systems, and advises on internal compliance investigation. The 'experienced, efficient and professional' team includes highly regarded practitioners in its Beijing, Shanghai and Shenzhen offices. Xiangwen Liu, the 'exceptional' Gary GaoJerry Fang and Changyu Fu are highly recommended.

Practice head(s):

Yuming Liu; Boming Qian; Xiangwen Liu; Gary Gao

Testimonials

Gary Gao is deeply knowledgeable and focused on results‘.

Key clients

Sinopec Marketing Co, Ltd.

Sinochem Group Co., Ltd.

China Resources Pharmaceutical Holdings

China Construction Bank

China Tobacco Hubei Industrial Co., Ltd.

Dongxing Securities Co., Ltd.

Luenmei Quantum Co.,Ltd

Hitachi (China) Ltd.

Xinjiang TBEA Group Co., Ltd.

Times Properties Co., Ltd.

Goldpac Co., LTD

Futong Technology (HK) Co., Ltd.

Yunnan Renze Real Estate Development Co., Ltd.

eBay

PayPal

Wework

Swarovski

Rockwell

Work highlights

  • Assisted Sinochem Group with establishing its compliance programme.
  • Successfully advised a pharmaceutical company in an investigation relating to its alleged violation of the Advertisement Law.
  • Advised KBA-NotaSys on the China aspects of its global internal anti-corruption review.
  • Advised Lovol Heavy Industries on a series of crisis management matters regarding China’s first public-interest consumer litigation.

Han Kun Law Offices

Han Kun Law Offices advises multinational and foreign invested enterprises on a range of regulatory compliance issues including assisting with internal audits and investigations. The team is particularly active in handling anti-bribery, data protection and M&A-related compliance issues in the pharmaceutical industry. The team advised a Chinese subsidiary of a multinational company in an investigation against an employee who was suspected of infringing the client’s trade secrets, and acted for a pharmaceutical company in investigating internal corruption-related allegations against the employees of its Chinese subsidiary. David TangXiaoming Li and Wei Huang are the main contacts, as is Min Zhu who has 'a deep understanding of the medical field and has unique insights into the dynamics and trends in the compliance space'.

Practice head(s):

Xiaoming Li

Other key lawyers:

David Tang; Wei Huang; Min Zhu

Testimonials

The team is well versed in the compliance requirements of multinational corporations from the perspective of international anti-corruption and bribery regulations, and is proficient in the requirements of Chinese laws and regulations on anti-unfair competition and pharmaceutical industry management regulations, and have the ability to handle major and complicated Chinese government regulatory investigation cases‘.

David Tang thoroughly understands the focus, internal logical reasoning, and the enforcement of the Chinese government agencies’, combined with the requirements of international anti-corruption and anti-bribery laws by a multinational company. He gives targeted, practical compliance recommendations or case resolutions‘.

Min Zhu has a deep understanding of the medical field and has unique insights into the dynamics and trends in the compliance space‘.

Work highlights

  • Acted for a pharmaceutical company in investigating internal corruption-related allegations against the employees of its Chinese subsidiary.
  • Advised a Chinese subsidiary of a multinational company in an investigation against an employee who was suspected of infringing the client’s trade secrets.
  • Represented an energy service company in its internal investigation of its Chinese joint venture companies for violations of the UK Bribery Act and PRC Anti-bribery Law.
  • Represented a manufacturing company in a trade secrets infringement against a core technician.