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

Orrick, Herrington & Sutcliffe LLP
47/F PARK PLACE
1601 NANJING ROAD WEST
SHANGHAI 200040
China

Intellectual property: foreign firms Tier 2

The team at Orrick, Herrington & Sutcliffe LLP specialises in patent infringement and trade secrets misappropriation litigation cases in the ITC and the US courts, but covers the full gamut of patent and trade mark portfolio management and applications. Its impressive client list includes leading multinationals and Chinese private and SOEs requiring IP counsel regarding a vast array of technologies ranging from software, machinery, semiconductors, automotive and electronics to renewable energy, pharmaceutical and medical devices. Xiang Wang and Shelley Zhang jointly lead the practice from Beijing with Shanghai-based Yufeng (Ethan) Ma.

Key clients

Advanced Technology & Materials, Co. Ltd. (AT&M)

Baidu

China New Building Materials Group

Haier Group Corporation

Hisense

Shanghai Sansi Electronic Engineering Co.

Semiconductor Manufacturing International Corporation (SMIC)

Tencent Technology

BOE Technology Group

Beijing Xiaomi Technology Corporation

Corporate and M&A: foreign firms Tier 3

Orrick, Herrington & Sutcliffe LLP regularly assists with complex, cross-border and outbound M&A, including corporate, real estate, employment, IP, finance and tax-related support. The team also has particular experience in sectors such as TMT, automotive, life sciences, and energy and infrastructure. Shanghai's Jeffrey Sun is a technology M&A expert, Betty Louie in Beijing is particularly focused on advising Chinese corporations on their outbound investments and acquisitions, and Jeff Zhang splits his time between the firm's Beijing and New York offices. Sarah Zeng is another key mainland China partner and Mark Lehmkuhler in Hong Kong is also highly regarded.

Testimonials

It is a well established team that can leverage off its global network to provide the appropriate legal service‘.

They are extremely experienced with China outbound investments into Europe and are able to anticipate issues well in advance‘.

Betty Louie is extremely experienced with complex legal issues, both M&A and regulatory issues‘.

Jeff Zhang is dedicated to serving his clients‘.

Key clients

JD.com

Silk Road Fund

PacteraTechnology

China Ping An Insurance Overseas and Ping An Technology

Zhejiang Geely Holding Group

China Reform Overseas HongkongCompany

Twist Bioscience

BOE Technology Group

LexinFintech Holdings

Investment funds: foreign firms Tier 3

The M&A and private equity group at Orrick, Herrington & Sutcliffe LLP is led from Hong Kong by Sook Young Yeu and Scott Peterman, and has recently been active in private equity fund formation and investor representation for global and regional funds, as well as private equity real estate work, venture capital fund formation, carried interest and profit sharing plans, and regulatory advice around ICOs and crowd funding. The firm's diverse client roster consists of Asian hedge funds managed by independent managers, Asian private equity funds sponsored by financial institutions, Asian institutional investors investing in regional and global funds, and downstream venture investors.

Key clients

China Resources Capital Management Limited

Tuspark Financial Holdings (HK) Limited

Intermediate Capital Group (ICG)

Synergy Fund Management Group Limited

Brawn Capital Management

Vanhau Asset Management

Morgan Stanley Wealth Management

China Silver

Avenue Asia

Fund Genesis Limited

Private equity: foreign firms Tier 3

A number of domestic funds clients (including SOEs) instruct the team at Orrick, Herrington & Sutcliffe LLP to handle high-value private equity transactions in the TMT, energy and life sciences sectors. In addition to domestic clients, professionals including Beijing-based Betty Louie and Jeff Zhang are instructed by international private equity firms from the US and other jurisdictions to handle their China-based transactions.

Testimonials

Jeff Zhang is dedicated to serving his clients and is able to leverage off the firm’s global network to provide services in specialised areas‘.

Key clients

JD.com

Silk Road Fund

China Media Capital

China Ping An Insurance Overseas

Ping An Technology

China-LAC Cooperation Fund

China Reform Overseas Hongkong Company

Everpine Capital

Welkin Capital Management

JD Logistics

Dispute resolution: foreign firms Tier 6

Orrick, Herrington & Sutcliffe LLP is experienced in advising on cross-border commercial litigation; the practice also covers arbitration, US litigation for Chinese state-owned enterprises, investigations, and IP disputes. Erica Chong in Hong Kong is an experienced adviser.

Testimonials

‘Proficient in the legal and judicial systems of Mainland China and Hong Kong, and the team can provide clients with comprehensive dispute resolution advice. At the same time, they can work in Chinese and English to ensure the efficiency and accuracy of communication‘.

Key clients

Advanced Technology & Materials

Levi Strauss

China National Building Materials

Subsidiaries of Bayer

Genesis Coatings

Deltatre

Hisense

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.
Department Name Email Telephone
Asia Managing Partner Xiang Wang xiangwang@orrick.com +86 10 8595 5750
Photo Name Position Profile
 Yalan Lei  photo Yalan Lei
 Yufeng (Ethan) Ma  photo Yufeng (Ethan) Ma
 Jie (Jeffrey) Sun  photo Jie (Jeffrey) Sun
 Lu (Echo) Wang  photo Lu (Echo) Wang
Number of legal professionals in this country : 20+
worldwide : 1,100+
English
Mandarin
Cantonese
Shanghainese
Taiwanese
Italian

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.

Department Name Email Telephone
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 : 8
in this country : 20+
worldwide : 1,100
Chinese (Cantonese
Mandarin
Shanghainese
Taiwanese
English