Orrick, Herrington & Sutcliffe LLP > Beijing, China > Firm Profile

Orrick, Herrington & Sutcliffe LLP
5701 CHINA WORLD TOWER
NO. 1 JIANGUOMENWAI AVENUE
BEIJING 100004
China

China > Corporate and M&A: foreign firms Tier 2

Orrick, Herrington & Sutcliffe LLP‘s offering in China draws on the firm’s strong network of offices in the United States to advise both Chinese and multinational clients on a range of corporate deals. The team handles inbound and outbound M&A, as well as joint ventures, and is increasingly active in SPAC transactions. The group is highly active in the growing sectors of mobile gaming and electric vehicles, and also receives mandates from companies in the technology, life sciences and consumer goods industries. Jeffrey Sun is based in Shanghai and takes the lead on technology transactions, while Jinsong Zhang works between Beijing and New York and has broad expertise in corporate transactions. Betty Louie departed the firm in October 2021.

Practice head(s):

Jeffrey Sun; Jinsong Zhang

Key clients

Hailiang Education Group Inc. (NASDAQ: HLG)

COVA Acquisition Corp (NASDAQ: COVA)

JD.COM/ JD Property Group Corporation

Baidu

NetEase Interactive Entertainment Pte.Ltd (NetEase Games)

Betta Games

SALOV S.p.A.

Pactera Technology International Ltd.

Integrity Implants Inc.

Chery Automobile Co., Ltd

Toyota Motor

Zhejiang Geely Holding Group

Haitong International Securities Group

Keywise Capital Management (HK) Limited

China-LAC Cooperation Fund

Work highlights

  • Advises COVA Acquisition on $3.82 billion SPAC merger with ECARX, a Chinese auto tech startup backed by Geely Holding Group’s chairman.
  • Advised Baidu, Inc. (Nasdaq: BIDU), the leading Chinese language Internet search provider and one of the largest AI and Internet companies in the world, on the sale of its Aladdin business to XGIMI.
  • Advising the special committee of Hailiang Education Group Inc’s board of directors on its going-private transaction.

China > Intellectual property: foreign firms Tier 2

Orrick, Herrington & Sutcliffe LLP‘s broad China IP practice ranges from patents, trade marks and trade secrets, to copyright. In relation to the IP aspects of technology disputes, clients particularly appreciate the firm's large team of patent attorneys, who have engineering, science and law degrees, but are also qualified as patent agents and lawyers. The mainland China-based group is also sought out for its experience in China-US IP litigation, and is a go-to practice for the representation of Chinese companies before the US International Trade Commission (ITC). The expertise of China IP head Xiang Wang covers patent, copyright and trade mark infringements, trade secrets' misappropriation, and industrial espionage; and Yufeng (Ethan) Ma regularly assists with IP litigation before the ITC and the US federal courts. The team also features Shelley Zhang, whose practice comprises patent enforcement litigation and invalidation proceedings, trade secret enforcements, anti-counterfeiting and anti-piracy.

Practice head(s):

Xiang Wang

Other key lawyers:

Key clients

Hisense

BBK Electronics Corp

Anker Innovations

Micron

Yaham Optoelectronics Co

Coolpad Technologies

Sina Corporation

Beijing Xiaomi Technology Corporation

Geely

Perfect World Entertainment

Vivo Mobile Communication

Tencent Technology

OnePlus Technology (Shenzhen) Co

EKO Development

Work highlights

  • Defending Anker Innovatiosn and its affiliates against several trade mark and patent infringement cases.
  • Assisted a Chinese medical device company with negotiating settlement and worldwide cross-licensing agreements, in relation to a patent infringement lawsuit.
  • Successfully assisted a multinational personal care company with multiple lawsuits to protect its legal rights in China.

China > TMT: foreign firms Tier 2

A go-to practice for both international and Chinese TMT giants, Orrick, Herrington & Sutcliffe LLP also acts for a range of major investors on their TMT sector-related investments. The cross-practice team covers issues arising from the intersection of IP and data during corporate and commercial transactions, while additionally fielding sector specialists in automotive technology, life sciences, gaming and blockchain. The team is also increasingly active in cyber, privacy and data innovation work. In Beijing, practice leader Xiang Wang acts on all aspects of cybersecurity and data privacy, as well as IP issues; and Jinsong (Jeff) Zhang, a partner in the firm's Beijing and New York offices, has expertise in the life sciences, fintech, and automotive technology and mobility sectors. Elsewhere, Shanghai's Jeffrey Sun is a technology M&A expert, while of counsel Mimiao Hu in Beijing has extensive experience in cybersecurity and data privacy issues.

Practice head(s):

Xiang Wang

Key clients

Baidu

Sina Corporation

JD.com

Pactera Technology

Beijing Xiaomi Technology Corporation

Meituan

Tencent Technology

TikTok

ByteDance

KE Holdings

Perfect World Entertainment

Zhejiang Geely Holding Group

Chery Automobile Co

Work highlights

  • Advised Betta Games on the sale of its StarLark Studio to Zynga for $525m in cash and stock.
  • Advised JD Property, a subsidiary of JD.com, on its $800m non-redeemable series B preferred share financing.
  • Advised several leading Chinese technology companies on their global privacy and data protection issues.

China > Private equity: foreign firms Tier 3

Orrick, Herrington & Sutcliffe LLP‘s China-based corporate lawyers routinely advise on private equity investments and venture financings, with the team’s expertise covering antitrust, international trade, real estate, litigation, IP and tax-related support. Jeffrey Sun in Shanghai is a technology expert, who has extensive experience in handling China and cross-border private equity and venture financing matters; and Beijing and New York-based practitioner Jinsong (Jeff) Zhang focuses on China-related inbound and outbound M&A and private equity transactions. In late 2021, former partner Betty Louie left the firm to go in-house.

Practice head(s):

Jeffrey Sun; Jinsong (Jeff) Zhang

Key clients

Hailiang Education Group

COVA Acquisition Corp

JD.com

JD Property Group Corporation

Baidu

NetEase Interactive Entertainment Pte

China Media Capital

Pactera Technology International

Haitong International Securities Group

Toyota Motor

China-LAC Cooperation Fund

Everpine Capital

Work highlights

  • Advised COVA Acquisition on the $3.82bn SPAC merger with ECARX, a Chinese auto tech start-up backed by Geely Holding Group’s chairman.
  • Advised JD Property, a subsidiary of JD.com, on its $800m non-redeemable series B preferred share financing.
  • Advising the special committee of Hailiang Education Group’s board of directors on its going-private transaction.

The firm

Orrick is an AmLaw 50 firm with a particular focus on serving clients in the technology, energy and infrastructure, and finance sectors. Founded more than 150 years ago in San Francisco, the firm is composed of 1,100 lawyers in offices across Asia, Europe, the United States and Africa. Named as one of the ‘Global 20’ law firms six times by Law360, Orrick is recognised worldwide for delivering the highest quality, commercially oriented legal advice and fostering a culture of innovation and collaboration with its clients, among its lawyers and staff, and within the local business communities. In 2017, Financial Times named Orrick as one of the 20 most innovative international law firms in the Asia Pacific region. Operating as a fully integrated ‘one China office’ with lawyers based in Beijing, Hong Kong and Shanghai, Orrick’s China team serves as the regional hub for the firm’s Asia practices, and is well-placed to assist foreign companies seeking investment opportunities in China, and Chinese companies and state-owned enterprises pursuing outbound investments around the world.

Areas of practice

Dispute resolution: Orrick focuses on high-value, complex commercial litigation and international arbitration in the Asia-Pacific region. The team advises on a wide range of contractual and tortious disputes, as well as regulatory and other investigations related to white-collar criminal activities. The team successfully defended China National Building Materials Group in a US$1.3bn class action lawsuit filed in the US for alleged defective drywall building materials. The team also helped defend and obtain a good outcome for key executives of Beijing DaBeiNong Technology Group in the largest US industrial espionage case against Chinese individuals.

M&A and private equity: Orrick is particularly strong at representing major Chinese state-owned and private enterprises in cross-border M&As, China outbound investments, joint ventures and going-private transactions, handling over 50 M&A and private equity transactions valued at nearly US$20bn since 2016. The team advised JD.com on its strategic alliance with Walmart; and also represented Baidu in the US$150m investment in Silicon Valley-based Velodyne LiDAR.

Investment funds: in the past 25 years, Orrick has advised on the formation of many of the first Asia-based hedge funds and private equity funds, and their pioneering cross-border investments in multiple jurisdictions, and has represented one of the largest Asian government entities in its cross-border investments since the commencement of its alternative investment programme in 2008.

Intellectual property: Orrick assists local and foreign companies with all aspects of their IP rights and strategies in China, Hong Kong and the US. The team has handled thousands of China patent and trade mark applications and more than 100 patent, trade mark, copyright, domain name and trade secret-related disputes in China in the past decade. Since 2013, Orrick’s China IP team has been selected by MOFCOM as a ‘preferred US firm’ to represent Chinese companies before the US ITC for patent infringement litigation. In addition to their legal qualifications, Orrick IP lawyers hold advanced science and engineering degrees and several had worked as scientists and engineers. The team has recently obtained complete victory in a precedent-setting case for Hamilton Beach Brands against two Chinese copycats of certain breakfast sandwich makers.

Project development and finance: Orrick has decades of experience advising on complex cross-border energy and infrastructure projects in the power, petrochemical, oil and gas, transportation and mining sectors throughout Asia. The firm advised China Hongqiao Group and other sponsors on the first giant Chinese-invested alumina refinery development and financing project in Indonesia; the team is also representing the Ministry of Industry and Trade of Vietnam in the development and financing of the 1,200 MW Nghi Son 2 BOT coal-fired thermal power plant project, which is the most closely watched and groundbreaking power project in Vietnam.

Technology companies: technology companies at all stages of growth come to Orrick for advice, ranging from fund-raising, restructuring, financings and M&A to IP and disputes. Orrick assisted in various investments involving tech unicorns such as Farfetch, IWJW (Aiwujiwu) and ofo.

DepartmentNameEmailTelephone
Banking and finance
Cybersecurity and data privacy
Dispute resolution and litigation
Emerging company representation
Employment
Energy and infrastructure
Financial regulatory
Intellectual property
International arbitration
International trade
Investment funds
Mass torts and product liability
Mergers and acquisitions
Public company representation
Private equity and venture capital
Technology company representation
White-collar and corporate investigations
Number of lawyers at this office : 6
in this country : 20+
worldwide : 1,100
Chinese (Cantonese
Mandarin
Shanghainese
Taiwanese
English

The Firm

Orrick is focused on serving clients in the technology and innovation, energy and infrastructure, and finance sectors globally. Founded more than 150 years ago, today the firm has 1,100+ lawyers focusing on key markets across the United States, Europe, Asia, and Africa. The firm provides clients with innovative approaches to their most complex transactional, litigation and regulatory matters. Financial Times singled out Orrick as the “Most Innovative Law Firm in North America” in 2016, 2017, and 2018, and Fortune has named the firm among the “100 Best Companies to Work For” four years in a row.

Main Areas of Practice

Technology:

  • Achieved a complete victory in the ITC 337 trade secret misappropriation case on behalf of Advanced Technology & Materials and four other Chinese respondents. The case was awarded “Disputes and Investigations Deal of the Year” by China Business Law Journal in 2019.
  • Advised JD.com, the largest retailer and e‑commerce company in China by revenue, on the US$1 billion+ Series A financing for its healthcare subsidiary, JD Health. Investors include CPEChina Fund, CICC Capital, and Baring Private Equity Asia.
  • Advised Japan-based e-commerce and internet company Rakuten on its participation in the US$284 million Series C preferred financing of Rakuten Medical, a U.S.-based clinical stage biotechnology company developing tumor-targeted precision therapies.
  • Advised Liquid.com on its first Series C funding led by IDG Capital and Bitmain Technologies. As the second unicorn startup company in Japan, Liquid Group is the first global cryptocurrency exchange licensed by the Japan Financial Services Agency.
  • Advised Estun Automation and China Renaissance Capital Investment on the acquisition of Carl Cloos Schweißtechnik GmbH, a German market leader in welding technology and robotics.
  • Advising a U.S.-based technology startup and its subsidiary in Japan in reaching a settlement of all outstanding disputes with its former founder-employee (and major shareholder), which involved litigation in both Delaware and Japan.
  • Advising a Japan-based medical device manufacturer on its internal investigation in Russia and the Netherlands concerning issues of corruption, bid rigging, commercial bribery, employment dispute, and fraud.

Energy & Infrastructure:

  • Advising Geo-Jade Petroleum Corporation, the largest private oil exploration and production company in China, in its joint venture and strategic cooperation relating to the exploration, construction, production, and refinement of natural gas facilities and pipelines in Kazakhstan.
  • Advised on the largest wind power-generation project covering a 12 km area along the coast of the Sea of Japan in Tsugaru City, Aomori Prefecture. When the project is completes in 2020, it will become Japan’s largest wind power station, supplying Tohoku Electric Power with electricity that is equivalent to the annual power consumption of approximately 90,000 houses.
  • Advising a Japanese utility company in the development and construction of a new electric power generation project in one of the Pacific Islands, including all support facilities, on a build-operate-transfer basis, to provide electricity to GPA under a 25-year energy conversion agreement.
  • Advised Pattern Energy Group LP and Green Power Investments in the approximately US$325.5 million sale of 206 MW of owned capacity in Japanese wind and solar projects to Pattern Energy Group Inc.
  • Representing Chinese state-owned enterprises China Minmetals Corporation (metals and mineral trading company) and China Gezhouba Group (construction and engineering company) in a broad range of general corporate matters, including cross-border M&A, investments, joint ventures, restructurings and financing across China.
  • Successfully assisted China Institute of Atomic Energy in defending a product liability lawsuit filed in the United States.

Finance:

  • Representing China Resources Capital Management in the formation of the US$2 billion China Resources Healthcare Fund, L.P.
  • Representing one of the largest Asian government investors in its cross-border investments in multiple alternative investment funds since the commencement of its alternative investment program in 2008, with total investment commitments of over US$15.7 billion.
  • Advising on the formation of US$1 billion Macao QiXin One Belt One Road Investment Fund, a tri-party-funded private equity fund for investing in innovative companies with major business operating in the One Belt One Road Area.
  • Advising a Chinese state-owned investment fund on the investment in a KKR-led consortium to purchase Unilever’s spreads business for US$8.1 billion.
  • Represented a Japanese real estate investment company using the funds of its Singapore parent company in their acquisition of a building in Tokyo with financing from a Japanese bank.
  • Advising a company providing real estate crowdfunding, brokerage, and consulting, in connection with the creation of a crowdfunding platform targeting United States real estate REITs.
  • Advising LexinFintech, a NASDAQ-listed online consumer finance platform in China, on its investments in the United States and Southeast Asia.
DepartmentNameEmailTelephone
Asia Managing Partner Xiang Wangxiangwang@orrick.com+86 10 8595 5750
Number of legal professionals in this country : 20+
worldwide : 1,100+
English
Mandarin
Cantonese
Shanghainese
Taiwanese
Italian