The Legal 500

Challenges and opportunities in China after Covid-19

17 June 2020, 4.00pm China Standard Time

In association with...

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Challenges and opportunities in China after Covid-19

The Legal 500 and Dentons China host a webinar to explore imminent risks and future challenges in China, during and after Covid-19. 

The webinar will cover the following topics:

Covid-19 related employment issues in China

Speaker: Shane Luo, Partner

A summary of the most updated judicial interpretations.

  • Supreme Court’s comment on potential unilateral terminations due to Covid-19
  • Key points on labour dispute trials abstracted from the high courts of Beijing, Shanghai and Guangdong

Employer’s actions and options

  • Salary cut negotiations
  • Redundancy
  • Potential employer liabilities

Crisis Management from a Transactional Perspective and an Outlook on the ESG Eco-system

Speaker: Willow WEI, Counsel

  1. Impact on transactions

Impact on and the trend of cross-border corporate transactions

Foreign Direct Investment, ODI, overseas financing and capital market, and some common provisions as well as specific deal structures

  1. Common provisions of deal transaction
  • Recitals: signing parties, on-site to online execution, taking into account laws and regulations of different jurisdictions for execution requirements)
  • Definitions: “business working days”
  • Representations and warranties: revisit the accuracy/insurance
  • Conditions precedent and long-stop date: revisit and specific requirements of counterparty, such as SOE, government approvals (no “gun jump” filings)
  • Break-up fees: valuation melt-down during COVID-19
  • MAE: layoffs and new product lines
  • Force Majeure
  • Dispute resolution: arbitration or court, online or offline
  1. Specific provisions of a typical transaction
  • Impact on a typical transaction of FDI (new 2020 FDI laws and simplified filing procedure, with different local practice, cross-border IP registration and protection)
  • ODI (bidding process, how DD is conducted during COVID-19, such as environment and employments, insurance of representations and warranties, and payment schedule and merger loans)
  • Overseas PE/VC transactions (valuation adjustment mechanism in pre-IPO transaction documents, and QIPO definition)

ESG Eco-System

The trend to build ESG (Environment, Society and Governance) eco-systems.

  • Disclosure requirements of main stock exchange to reduce the due diligence cost and potential risks
  • Tax benefits
  • TRIPS protection and exemption (encourage to obtain IPs while promote public interest during COVID-19)