Senior Director of Legal and Compliance | Desay SV
David Lin
Senior Director of Legal and Compliance | Desay SV
Team size: 23
What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?
Mr. Lin has led the legal and compliance team in proactively addressing global regulatory compliance and geopolitical challenges. In response to the U.S. ICTS: CV final rule challenges, he rapidly assembled internal and external compliance teams, engaged top-tier law firms from both the United States and China, and conducted compliance solution discussions with automotive clients in Europe and the United States in person, delivering practical solutions for the company and the industry.
Mr.Lin has managed international dispute case with amounts in dispute exceeding US$ 60 m., securing optimal settlement outcomes with less than US$ 2 m. for the company. For these achievements, he was honoured with the Special Contribution Award by the company’s CEO.
How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?
As the senior director of legal and compliance at Desay SV, my approach to managing legal aspects during periods of instability or crisis is proactive, strategic, and integrated. It is built on the foundation that the legal function is not merely a supportive unit but a core pillar of organisational resilience. My methodology is based on three core principles: Proactive Preparedness, Integrated Collaboration, and Agile Strategic Resolution.
We operate on the belief that the best way to manage a crisis is to prevent it or at least be prepared for it. This involves continuous and dynamic risk mapping, with a special focus on geopolitical, trade, and supply chain vulnerabilities. For instance, having navigated challenges like the U.S. ICTS rules, we have institutionalised a process for horizon-scanning. We don’t just monitor legal changes; we analyse their potential impact on our business operations and global clients, particularly in the automotive sector. This allows us to build contingency plans and playbooks for various crisis scenarios before they escalate.
A legal crisis is never just a legal problem; it’s a business crisis. Therefore, siloed operations are not an option. My experience in building teams from the ground up has taught me the critical importance of embedding the legal function within the business. During a crisis, we immediately form a cross-functional task force involving Legal, Compliance, R&D, Supply Chain, Finance, and Business Units.
We ensure that legal advice is not delivered in a vacuum but is practical, business-centric, and directly supports operational continuity. For example, when facing urgent regulatory challenges, I swiftly assembled internal and external teams, including top-tier U.S. and Chinese law firms, and facilitated direct discussions with our OEM clients in Europe and America to co-create compliant solutions. This alignment ensures that the entire organisation is moving in the same direction with a clear understanding of the legal boundaries and opportunities.
The goal is not just to win a legal dispute but to achieve the best possible business outcome with minimal disruption. My experience in handling international disputes with over US$60 m. at stake has solidified this approach. We focus on creative problem-solving and strategic negotiation to seek optimal settlements that preserve business relationships and protect the company’s long-term interests, rather than engaging in protracted legal battles that drain resources.
We leverage all available tools, like mediation, arbitration, and negotiation, and choose the path that best enhances the company’s resilience. This result-oriented mindset was recognised by our CEO with a Special Contribution Award, underscoring how legal leadership directly contributes to the company’s bottom line and stability.
In summary, my approach transforms the legal department from a reactive gatekeeper into a proactive, strategic partner. By anticipating risks, fostering deep integration with the business, and focusing on agile, business-savvy resolutions, we build a robust legal and compliance framework that is essential for navigating uncertainty and ensuring the organisation’s enduring resilience.
What is a cause, business or otherwise, that you are passionate about? Why is this?
The cause I am demonstrably passionate about, both professionally and personally, is nurturing the next generation of legal talent and enhancing the overall legal and compliance capabilities for Chinese corporations, especially in the global arena.
This commitment is evident through two key areas: my dedication to knowledge sharing and education and my active involvement in promoting arbitration and intellectual property protection.
This passion likely stems from a clear recognition of the challenges faced by Chinese enterprises on the global stage. My extensive experience in foreign-related legal work, international M&A, and navigating geopolitical risks has given me first-hand insight into the legal sophistication required to compete internationally.
By strengthening the talent pool and advocating for effective legal systems, you are directly contributing to the resilience and global competitiveness of Chinese corporations.
This cause aligns perfectly with my professional journey and seems to be a driving force behind your many extracurricular activities. It’s a commitment to building a stronger, more capable legal foundation for the business community I am a part of.
What factors influence your team’s decision to use external legal services versus handling matters in-house, and what criteria are used to evaluate their performance?
The choice between handling matters in-house or engaging external counsel is typically influenced by a blend of factors concerning necessity, resources, and strategic value.
Specialised Expertise and Technical Necessity: For highly complex, specialised, or novel legal issues, such as certain international disputes, navigating specific geopolitical trade rules (e.g., U.S. ICTS regulations), or matters requiring niche jurisdictional knowledge—we seek external counsel with specific expertise and a proven track record. This “technical necessity” often arises in major transactions or significant litigation.
Bandwidth and Risk Management: During periods of high workload or when internal capacity is stretched, outsourcing ensures critical matters receive the attention they deserve without compromising quality. Furthermore, for high-stakes matters where the potential financial or reputational risk is substantial, external counsel can provide an additional layer of scrutiny and risk mitigation.
We consider the long-term strategic importance of the matter. While cost is a factor, it’s weighed against the potential value and outcomes. Having a clear budget and fee structure from external law firms is critical here. We appreciate firms that offer cost predictability, sometimes through alternative fee arrangements or capped fees for certain services, which allows for better financial planning and control.
Once external counsel is engaged, we systematically evaluate their performance primarily through the QDC framework, supplemented by other key considerations. While QDC forms the core of our evaluation, a truly successful relationship often hinges on softer, strategic factors.A strong, collaborative relationship built on mutual understanding and clear communication is crucial. We view our external counsel as strategic partners, not just service providers.
Alignment with our company’s values, including a demonstrated commitment to diversity and inclusion within the firm’s teams, is an increasingly important factor in our engagement decisions. By applying this structured approach to decision-making and evaluation, we ensure that our use of external legal services is strategic, effective, and delivers tangible value to the organisation, ultimately contributing to its resilience and success.