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Baker McKenzie FenXun

UNIT 1601, JIN MAO TOWER, 88 CENTURY AVENUE, PUDONG, SHANGHAI 200121, CHINA
Tel:
Work +86 21 6105 8558
Fax:
Fax +86 21 5047 0020
Email:
Web:
www.bakermckenzie.com/china/shanghai

China: Antitrust and competition

Antitrust and competition: foreign firms
Antitrust and competition: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Baker McKenzie FenXun was the first international firm to enter a joint operation in China which enables it to handle a broad range of antitrust issues. Merger control filings feature prominently in its recent workload, which the team acted for clients including Murata Manufacturing, Texas Pacific Group and Platinum Equity Group. Other highlights include representing a US company in response to an antitrust and standard essential patent (SEP) and fair, reasonable and non-discriminatory (FRAND) license private litigation initiated by a Chinese company and assisting a US company with an abuse of dominance investigation in the medical devices industry. Zhi Bao heads the practice in Beijing, while Hong Kong-based Stephen Crosswell oversees antitrust matters in Greater China and across the Asia Pacific region. Special counsel Laura Liu is also a key name to note.

Next Generation Partners

Laura Liu - Baker McKenzie FenXun

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China: Banking and finance

Banking and finance: foreign firms
Banking and finance: foreign firms - ranked: tier 2

Baker McKenzie FenXun

With 'strong domestic and cross-border capabilities', Baker McKenzie FenXun is instructed by a range of bank lenders in acquisition finance, trade finance, derivatives, project finance and aviation finance deals, among others financing transactions. The team 'really differentiates itself by the level of involvement from its partners', such as Allen Ng, who is 'friendly and pragmatic' and is 'among the most experienced aviation finance lawyers in the Chinese market'. Working alongside her regional colleagues, Rose Zhu advised China CITIC Bank, CNCB Investments and CNCB International on the HKD6.6bn bridge and term loan facilities for part of the equity contributions for the acquisition and privatisation of Belle International. Hong Kong-based Sally Hung acted for a syndicate of lenders including Mizuho Bank in the provision of a $390m offshore syndicated loan to Bank of Communications Macau Branch, which was the first offshore syndicated loan agreement for the borrower. Additional contacts include Hong Kong-based partners Andrew Lockhart and Barry Cheng. Harvey Lau retired, but the team picked up a number of new associates and foreign registered lawyers.

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China: Corporate and M&A

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

Baker McKenzie FenXun

Providing an integrated international and PRC law platform, Baker McKenzie FenXun's 'fantastic team always provides timely and valuable advice that helps clients drive the business goals during significant deals'. The practice fields lawyers with expertise in energy and natural resources, technology and media and communications, as well as the real estate, pharmaceuticals and healthcare, financial services, insurance, food and beverage, and automotive sectors. Zhenyu Ruan led advice on the establishment of a Hong Kong joint venture to provide logistics solutions for e-commerce in China and Hong Kong. The other names to note are chief representative of the Shanghai office, Danian Zhang, chief representative of the Beijing office, Stanley Jia, Howard Wu, who is 'very experienced, commercially minded and a solution finder', Boo Bee Chun, and Cherrie Shi. In Hong Kong, Tracy Wut, Nancy Leigh are highly rated practitioners.

Leading individuals

Boo Bee Chun - Baker McKenzie FenXun

Howard Wu - Baker McKenzie FenXun

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China: Dispute resolution

Dispute resolution: foreign firms
Dispute resolution: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Baker McKenzie FenXun has a large, full-service dispute resolution team in Greater China that advises on commercial litigation, shareholder disputes, commercial and international arbitration, contentious restructuring and insolvency, and regulatory investigations. The practice fields sector specialists in financial services, energy, mining, construction, infrastructure and telecoms. Commercial and insurance dispute resolution expert Simon Hui is the recommended name in Shanghai; in Hong Kong, Cynthia Tang heads the dispute resolution group.

Leading individuals

Simon Hui - Baker McKenzie FenXun

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China: Fintech

Fintech: foreign firms
Fintech: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Baker McKenzie FenXun 's client spans the full value chain of the financial technology industry, including crowdfunding, e-payment platforms, cryptocurrencies, digital banking, and P2P lending. Its impressive global reach places it in good stead in advising financial institutions and technology companies on a range of multi-jurisdictional transactional, antitrust, tax and regulatory matters. The four-partner team is led by Howard Wu who focuses on cross-border M&A transactions. Other names to note include Hong Kong-based Karen Man who is particularly active in the past year, and has advised on regulatory issues for a P2P lending company and assisted a financial institution with its virtual banking licence; and Paolo Sbuttoni who focuses on data privacy and cyber security.

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China: Healthcare and life sciences

Healthcare and life sciences: foreign firms
Healthcare and life sciences: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Baker McKenzie FenXun's mainland China healthcare group works closely with its Hong Kong office. It has particular expertise in IP, M&A, dispute resolution and regulatory/compliance matters. Recent highlights include advising a Chinese healthcare company on its collaboration with a US healthcare institution and acting for a US company on product labelling and trade mark use to meet regulatory changes to infant formula and formula food for special medical purpose. Clement Ngai is a key contact within its cross-office team and is recommended for IP due diligence, licensing, clinical trial agreements, product liability and recalls. Ngai handled an administrative investigation relating to the use and sale of food products having a non-food ingredient and illegal food additives. Vivian Wu is assisting a Fortune 500 medical devices manufacturer with a series of internal investigations in relation to an alleged bribery action. Hong Kong-based Isabella Liu and Tracy Wut are also names to note.

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China: Intellectual property

Intellectual property: foreign firms
Intellectual property: foreign firms - ranked: tier 1

Baker McKenzie FenXun

Baker McKenzie FenXun's clients span a broad range of industries including electronics, energy, manufacturing, TMT and healthcare. Demonstrating its ability to handle high profile IP cases, it successfully represented DreamWorks in a domain name dispute and acted for a global pharmaceutical company in a trade mark infringement dispute. In the transactional IP sphere, the team advised a global retail company's Chinese joint venture entity on its patent defence strategy and assisted a US biotech company with licensing a novel treatment drug to a Chinese pharmaceutical firm. The practice is led by Hong Kong-based Loke-Khoon Tan, which also includes IP litigator Shih Yann Loo, Andrew Sim, who handles licensing and commercial IP transactions, and Clement Ngai, who is recommended for IP litigation involving technology including patent and trade secret cases and technology transfer transactions.

Leading individuals

Loke-Khoon Tan - Baker McKenzie FenXun

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China: Investment funds

Investment funds: foreign firms
Investment funds: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Baker McKenzie FenXun acts in a broad range of asset classes, including private equity, real estate, energy, infrastructure, mezzanine, hedge funds, debt and distressed assets. The practice was lead counsel to Gaw Capital Partners on the formation of its fifth flagship private equity real estate fund, Gateway Real Estate Fund V. Jason Ng is co-global funds group chair; and Milton Cheng and Edwin Wong are other key contacts.

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China: Labour and employment

Labour and employment: foreign firms
Labour and employment: foreign firms - ranked: tier 1

Baker McKenzie FenXun

Baker McKenzie FenXun is able to provide 'thoughtful, commercial and sound legal advice, without the need for hours of research and consultation'. The department is an established name in China's labour market and in addition to its 'in depth knowledge of PRC labour law' and its domestic tie-up with FenXun Partners (enabling seamless service in labour and employment disputes), the team also maintains multiple proprietary public databases outlining recent employment cases and helping to navigate the varying labour regulations across Chinese cities. Headed by Hong Kong-based Jonathan Isaacs, the team has been particularly active in employee investigations matters, where it has advised a number of international financial services companies and manufacturers on investigations involving executives and senior management. The employment group has also handled mass layoffs for clients including a leading multinational tech company. A key figure in the mainland team is Zheng Lu, who is 'a strong advocate for her client's interest, but is also able to empathise with the individual employees she interacts with, making it easier for both parties to find a middle ground'.

Leading individuals

Zheng Lu - Baker McKenzie FenXun

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China: Private equity/venture capital

Private equity/venture capital: foreign firms
Private equity/venture capital: foreign firms - ranked: tier 3

Baker McKenzie FenXun

Baker McKenzie FenXun assists with the fund raising, investments and operations of its private equity clients and their investee companies. Bee Chun Boo's experience includes private equity and venture capital transactions, including fund of funds' investments, direct investments and fund establishment. Howard Wu, whose practice focuses on cross-border transactions involving the PRC, assisted Ningbo Joyson Electronic Corporation (Joyson) with raising $250m equity financing from Future Industry Investment Fund, a private fund managed by SDIC Fund Management. Also recommended are Hong Kong-based Dorothea Koo, who leads the Asia Pacific private equity group, and Jason Ng.

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China: Projects and energy

Projects and energy: foreign firms
Projects and energy: foreign firms - ranked: tier 2

Baker McKenzie FenXun

With strengths in corporate joint ventures and M&A, finance and dispute resolution, Baker McKenzie FenXun advises sponsors and lenders across the full life cycle of transport infrastructure, mining, oil and gas, renewable energy and power generation projects. Key figures in the Beijing office include Bee Chun Boo and Stanley Jia, both of whom have acted for Chinese SOEs in relation to transactions in the mining and hydroelectric power sectors. The partners in the firm's mainland offices work in conjunction with the Hong Kong team, which includes Simon Leung and Barry Cheng. Hong Kong-led work included advising a Chinese bank lender on the provision of a development loan in connection with an oil and gas project in Africa.

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China: Real estate and construction

Real estate and construction: foreign firms
Real estate and construction: foreign firms - ranked: tier 2

Baker McKenzie FenXun

Specialising in acquisitions and disposals, real estate financing and real estate investment trusts, Baker McKenzie FenXun's other areas of strength include mortgage-backed securities, asset management, public and private funds, commercial leasing and dispute resolution. On the development side, it fields lawyers with expertise in mixed-use projects; these include emerging class of assets such as hotels and tourism, theme parks, car parks, industrial parks, private residence clubs and container terminals. It assisted Shui On Land with the sale of a 49.5% interest in one of its commercial real estate portfolios in Shanghai. It also acted for Excel Partners China Fund (Excel) in a $175m secured term loan facility by a consortium of five international banks, led by Deutsche Bank, to three Barbados subsidiaries of Excel. Alexander Gong is the key contact in Shanghai and his practice focuses on real estate matters, including cross-border M&A deals, foreign direct investments, joint ventures, financing, commercial leasing, hotel management and construction matters. Rico Chan heads the firm’s Asia Pacific structured real estate group; Edmond Chan oversees the Hong Kong-based real estate practice.

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China: Regulatory/compliance

Regulatory/compliance: foreign firms
Regulatory/compliance: foreign firms - ranked: tier 1

Baker McKenzie FenXun

Baker McKenzie FenXun provides 'truly top-notch service' on a range of regulatory and compliance matters including labour and tax concerns. Clients have singled out Simon Hui, who has 'a calm and authoritative presence' but remains 'very approachable, and most importantly, very responsive in tight situations'. Hui has assisted multinational corporates with a variety of internal investigations, and has also advised clients on the structure and establishment of compliance systems. Another figure in the mainland is counsel Vivian Wu, who specialises in internal investigations, where she has acted for major international clients in relation to internal investigations concerning employee misconduct. The team has also performed compliance reviews for large domestic clients. Other names to note include Zhenyu Ruan, senior associate Henry Chen and Mini vandePol, who heads the firm's Asia Pacific compliance and investigations group from the Hong Kong office.

Leading individuals

Simon Hui - Baker McKenzie FenXun

Vivian Wu - Baker McKenzie FenXun

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China: TMT

TMT: foreign firms
TMT: foreign firms - ranked: tier 1

Baker McKenzie FenXun

Baker McKenzie FenXun is a market leader for regulatory matters and global transactions. It has a particular focus in the fintech space which it advises on privacy, cybersecurity and financial services regulation and compliance. Practice head Howard Wu assisted Ningbo Joyson Electronic with raising $250m equity financing from Future Industry Investment Fund in connection with Joyson’s acquisition of Takata Corporation; Zhenyu Ruan is assisting Chinese clients with formulation and implementation of an EU GDPR compliance programme and advised a cloud computing company on China regulatory requirement pertaining to its internet data centre related business models; Vivian Wu advised Merck Sharp Dohme on data mapping and compliance issues. It works closely with its Hong Kong team which includes Nancy Leigh and Paolo Sbuttoni, with notable expertise in M&A transactions and regulatory matters respectively.

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China: Tax

Tax: foreign firms
Tax: foreign firms - ranked: tier 1

Baker McKenzie FenXun

Many clients consider Baker McKenzie FenXun's tax department to be 'peerless in the Chinese market'. Leveraging 'a very good understanding of local customs and regulations', the team provides 'high-quality service that is well worth the price'. The China-focused group is spread across the firm's Beijing, Shanghai and Hong Kong offices, and its ability to handle PRC tax disputes is enhanced by its tie-up with domestic firm FenXun Partners. Headed by Brendan Kelly, the team advises a number of prominent international corporates on direct and indirect tax, transfer pricing, customs and challenges by the Chinese tax authorities. Kelly and Nancy Lai recently advised a Fortune 500 company on its eligibility to claim a particular withholding tax rate on the cross-border distribution of certain monies. The team including international tax director Jason Wen has also acted alongside its US colleagues to advise on the tax aspects of global M&A transactions. In the contentious space, the department represented clients in cases involving issues such as VAT backfiling and the taxability of multijurisdictional share transactions. Additional contacts in the mainland include senior counsel Jinghua Liu and Frank Pan, a 'very professional' special counsel, who 'performs to a global standard'.

Leading individuals

Brendan Kelly - Baker McKenzie FenXun

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Legal Developments by:
Baker McKenzie LLP

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Legal Developments in China

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