Vivian Desmonts

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Leaders in Law endorses Vivian Desmonts as our exclusively recommended M&A Law expert in China. If you wish to get in touch with Vivian, please use the contact information provided above.

Partner & Head of Guangzhou office at Gowling WLG

Vivian will focuses on building relationships with Chinese businesses entering or expanding in international markets, as well as international companies looking to do business in China. He is responsible for the day-to-day management of the Guangzhou office.

Vivian previously joined from DS Avocats after serving for a number of years as the firm’s Chief Representative in Guangzhou, having been instrumental in establishing the office there in 2007. He worked as an associate lawyer in the Paris office of DS Avocats and spent some time with the firm in Shanghai.

Licensed as a French attorney at law admitted to the Paris Bar, he is also a registered foreign lawyer with the Guangdong Provincial Bureau of Justice and arbitrator at the Shenzhen Court of International Arbitration.

Vivian broad expertise ranges from legal services and particular experience in advising clients on the establishment, acquisition, operations and restructuring of joint venture companies and wholly foreign owned enterprises in China. He has extensive knowledge of the Chinese market and wider region, and has worked with national and international clients from all sectors.

Practice Areas

In charge of advising European and Canadian groups in their acquisition of Chinese companies (small & mid-cap deals), for example:

    • Advising a major European Group in the food industry for the acquisition of a €60 million factory in the bakery industry, with management earn-out and multi-jurisdictional elements (Hong Kong common law and Chinese continental law);
    • Advising a global leader in plant-based ingredients for the acquisition of a factory manufacturing pharmaceutical products in South China, driving the client through the public tender process for acquisition of Chinese State-Owned assets and securing the pharma licenses with the local FDA;
    • Advising European SMEs and Groups in their dealings with difficult Chinese partners in Sino-Foreign Joint Venture Companies, including implementation of buyout or exit strategies;
    • Advising a Fortune 500 in the sale of its Chinese subsidiary in the nuclear industry to another Fortune 500, with legal and tax aspects in China related to the earnout paid abroad;
    • Advising PE funds for acquisition or sale of shares in Chinese companies, including a Canadian PE fund investing over CAD 20 million in a paint and coating factory near Shanghai;
    • Advising jointly with lawyers of different jurisdictions a global manufacturer of aluminum alloys in a multijurisdictional transaction including a factory in North China, which was finally carved out because of pollution concerns and potential joint and several liabilities.
  • Corporate & commercial
    • Working for over 15 years in China, Vivian has participated in the establishment or restructuring of numerous foreign invested enterprises in China, including for operators in regulated industries such as nuclear, food, pharmaceutical, cosmetics, alcohol beverages, inspection & certification services, finance, logistics.
    • Advising foreign investors for structuring their operations in mainland China, whether with or without a holding company in Hong Kong or in Singapore; for example Joint-Venture companies in Hong Kong with Chinese partners and legal challenges on round-trip investment back to China;
    • Advising on different legal aspects when moving factories in China (issues related mainly to corporate, employment, tax, environmental remediation), for example the move of a 50,000 sqm factory from Shenzhen to Huizhou for a large European Group in electrical equipments;
    • Advising a European shareholder when its Chinese partner in a sino-joint Venture was about to sell their 120,000 sqm site in Guangxi province with a price premium for the land to be paid directly to the Chinese party instead of the Joint-Venture;
    • Drafting employment contracts, employee handbooks, EHS guidelines for Chinese subsidiaries in consideration of international Group policies, for example a manufacturer of glass containers with over 900 employees and reinforced work safety measures;
    • Drafting purchase contracts and codes of conduct for a Global company selling sorting and recycling equipments to Chinese State-Owned Enterprises;
    • Advising a global leader in cosmetic products when negotiating with the Chinese Customs on the assessment of imported samples and testers for the previous year;
    • Cooperation with business advisory firms, Consulates and Trade Councils as well as European authorities for the protection of foreign investments in China, including theft of company assets by Chinese partners, criminal offence by employees, pressure by local government to move industrial sites, etc.

Career / Qualifications

  • November 2019 – Gowling WLG (UK), Partner
  • 2012 – Member of the panel of arbitrators, Shenzhen Court of International Arbitration
  • 2007 – DS Avocats, Expatriate Partner, Chief Representative Guangzhou office
  • 2007 – Registered foreign lawyer, Guangdong Bureau of Justice
  • 2004 – Admitted to the Bar, Paris
  • 2004 – DS Avocats, Associate
  • 1999 – University of Paris II Assas, Master in Business and taxation law (Maitrise de droit des affaires et fiscalité)
  • 1998 – DS Avocats, Paralegal/Intern

    Education

    • 2000 – University of Paris II Assas, Postgraduate degree in Comparative law (DEA de droit comparé)
    • 1998 – University of Le Havre Normandy, Bachelor in private law

      Languages

      English, French, Mandarin, Cantonese

      Firm Description:

      Gowling WLG represents a natural evolution for its founding firms – Gowlings and Wragge Lawrence Graham & Co – who, throughout their histories, have continually adapted to better serve their clients’ needs.

      With roots tracing back to 1887, Gowlings has grown to become one of the largest and most respected law firms in Canada, with a reputation for innovation in client-focused service delivery.

      Building on its early strength in intellectual property, Gowlings has diversified to offer a full suite of business law, litigation and intellectual property services in all of Canada’s key industries, including energy, mining, financial services, government, infrastructure, manufacturing, life sciences and technology. Gowlings ranks among the busiest law firms in the world for Canadian M&A, and is known for its deep experience in client advocacy before courts, tribunals, regulatory bodies and governments in Canada.

      Becoming a founding member of an international law firm is a natural progression for Gowlings, which has always operated with an international mindset, forming strong partnerships globally to better serve the needs of its clients. Prior to the combination with Wragge Lawrence Graham & Co, Gowlings was home to 2,000 people in 10 offices across Canada and in London, Moscow and Beijing.

      Wragge Lawrence Graham & Co (WLG) was formed by the merger of Wragge & Co and Lawrence Graham in May 2014.

      The move introduced a new firm to the UK legal market, giving clients access to a broader range of services, increased capability in London and the UK, and enhanced international coverage. WLG is synonymous with outstanding client service and sector knowledge providing advice and solutions based on understanding the commercial issues, challenges and opportunities clients face. The merger created one of the UK’s largest real estate practices – a broad-based practice acting for institutions, investors, developers and occupiers – and the UK’s number one AIM firm; a position further enhanced through WLG’s combination with Gowlings.

      WLG has a strong financial services pedigree thanks to its market-leading investment funds practice, award-winning pensions experts and a highly rated private capital team, which advises UK and international high-net-worth individuals. In dispute resolution, WLG brought together Wragge & Co’s strengths in intellectual property, construction and commercial litigation with Lawrence Graham’s focus on international disputes, particularly in the areas of fraud and asset tracing, contentious trusts and insurance/reinsurance.

      WLG can trace its roots back to 1730, when Lawrence Graham became one of the first law firms to register in the City of London. Wragge & Co was founded in 1834. Since then, both have established themselves as major UK firms before embarking on international growth. Wragge & Co opened offices in Germany and China in 2008, a full service office in Paris in 2010 and in Dubai in 2011. Lawrence Graham opened its first overseas office in 2003 in Monaco, followed by Dubai, Singapore and Moscow (the latter by joint venture).

      Forming WLG was the first step towards creating a new international law firm. As a founding member of Gowling WLG, the firm offers clients increased international capability, connections and coverage.

      Around the world, our member firms operate and provide legal services to clients as separate legal entities under the common brand of Gowling WLG.

      Gowling WLG (Canada) LLP and Gowling WLG (UK) LLP are members of Gowling WLG International Limited, a company limited by guarantee registered in England.  Gowling WLG is the name and brand under which the members of Gowling WLG International Limited and their respective affiliates provide services around the world.  However, Gowling WLG (Canada) LLP and Gowling WLG (UK) LLP operate and carry on business as independent and autonomous entities.  They are not one international partnership and the members of Gowling WLG International Limited are not legal partners with each other. Gowling WLG International Limited does not provide legal or other services to clients. Rather, its purpose is to act as a coordinating entity for its members.  Our structure is explained in more detail on our Legal Information page.

       

       

      Roberto Gilardino

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      Leaders in Law endorses Roberto Gilardino as our exclusively recommended Investigations Services expert in China. If you wish to get in touch with Roberto, please use the contact information provided above.

      Roberto Gilardino is Regional Partner at Horizons, supervising the advisory’s activities in North Asia as well as additional countries (including Cyprus, Indonesia, Korea, Malaysia, Singapore).

      From the Horizons lead office in the heart of Shanghai, Roberto directs the team in serving both inbound and outbound investments in China. With a multidisciplinary team, Horizons’ professionals tackle legal, accountancy and tax challenges from a local, national, and international perspective. Through this approach, cross-border investments are comprehensively safeguarded for the present and future.

      Roberto and his team understand that misinterpreting cultural nuances can be significant dealbreakers in international transactions. As a result, Horizons leverages a worldwide team in over 40 jurisdictions to serve clients without language, geographical or cultural barriers. Namely, the Horizons’ team designate a local team in the country or region of investor to navigate them through unfamiliar jurisdictions. In the comfort of the client’s home country or region, Horizons delivers global results through local gateway and erase cultural and geographical obstacles.

      Serving as a versatile leader, Roberto is equally able to tend to highly positioned clients and liaise with governmental entities. Unlike the traditional legal practice, Roberto and his team have positioned themselves to not just simply practice law. Professionals at Horizons understands real-world challenges, is committed to conveying legal doctrine with clarity and accessibility. In this manner, clients fully understand their options and legal tools, as well as their subsequent outcomes.

      Prior to joining Horizons, Roberto served professionally in ministries, governmental bodies, and the private sector, primarily in China.

      An Italian national, Roberto is fluent in Italian, English, Mandarin Chinese and Japanese.

      Firm Description:

      The Advisory

      Horizons provide global corporate solutions for investors to thrive in unfamiliar jurisdictions. Namely, our professionals formulate legal, accountancy, and finance frameworks to launch cross-border investments. From pre-investment to daily management and ultimately winding up, Horizons’ services enable businesses to operate with full compliance.

      International Team

      Equally, Horizons recognise that cultural differences between jurisdictions can act as significant deal-breakers in cross-border transactions. Especially under unfamiliar grounds, investors can face challenges in deciphering the varying regional, sociocultural, political, and religious differences that may be directly or indirectly at play in country-by-country legal systems and their unique processes. As a result, Horizons leverages an international team as one team to decipher cross-cultural corporate challenges and succeed in bridging the gaps for clients.

      Working local to deliver global solutions

      With over 40 years of experience in cross-border transactions, Horizons employ a localisation approach. Specifically, the international team spans over 40 countries and regions to serve clients in their local country or region. The local team act as the designated liaison point for clients and collaborate with the international offices to shape the correct corporate framework for their cross-border investments. Hence, Horizons works locally to deliver global solutions.

       

      Giovanni Carlo Pisacane

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      Leaders in Law endorses Giovanni Pisacane as our exclusively recommended International Arbitration Law expert in China. If you wish to get in touch with Giovanni, please use the contact information provided above.

      Founder

      Giovanni Pisacane is a business lawyer specializing in international practice. He has been practicing as a business lawyer since 1996 and has extensive experience in China’s civil and commercial law in arbitration and mediation. He completed a Masters in Private International Law at The Hague Academy in the Netherlands.

      In 2004 he founded GWA, an international legal and tax consulting firm, in Shanghai. He was appointed as a Special Advisor for Italy-China business relations by the Italian Ministry of Economic Development. Giovanni Pisacane has gained an extensive experience in assisting foreign investors with the set-up of Foreign-Invested Enterprises of which he has often been appointed as Supervisor or as member of the board of Supervisors.

      Additionally, Giovanni Pisacane is a member of the panel of arbitrators of SHIAC (Shanghai International Arbitration Center) and VIAC (Vienna International Arbitral Centre), and is also a member of the ECLS (European China Law Studies Association), the IBA Arbitration Committee (International Bar Association) and the ICCA (International Council for Commercial Arbitration).

      Firm Description:

      We are an international consulting firm. We are a consulting firm that has been established in China in 2004, with headquarters located in downtown Shanghai, near People’s Square. We provide comprehensive legal and tax solutions to both multinational and Chinese companies in a wide range of cross-border and domestic transactions.

      We are focused on our clients’ wishes and requirements and we support them using a step-by-step approach, providing high level consulting services, which focus on efficiently and effectively reaching solutions. Our International Team is committed to excellence and our Lawyers and Certified Public Accountants have strong professional backgrounds with specific expertise in law, tax and accounting. This specialization in practice areas guarantees the high quality of the service we provide.

      We operate in China Mainland and Hong Kong, in the Middle East in cooperation with Izadi Law Firm, in Switzerland in cooperation with FLD Law Firm, in India in cooperation with Neeraj Bhagat & Co. and also in Singapore, Vietnam, Indonesia, Cambodia, Thailand and some further emerging countries in cooperation with DFDL

      What We Do

      Greatway Advisory (GWA) provides a wide range of professional services and support in the following areas:

      Law

      With our multicultural team of Chinese, Italian and European lawyers we are committed to provide legal advices, professional opinions and prompt solutions to our clients in order to help them to achieve their goals. We provide our tailored services to assist our clients to face the complexities of the Chinese, European and Italian legal systems in order to allow them to better focus on their business operations.

      The significant experience of our Partners with more than 15 years in China and of our staff, along with a deep knowledge of the laws, allows us to handle all aspects of complex domestic and cross-border corporate operations.

      Tax

      We support companies helping them in tax and compliance requirements in the Chinese landscape. Our team is composed by local and foreign professional with a deep understanding of China’s complex tax environments, as well as in-depth industry knowledge and experience. Our experienced team of accountants, tax advisors and CPA (Certified Public Accountants), can help on a wide spectrum of tax service areas across all major industries.

      We assist clients in structuring a wide range of transactions, from international taxation to income taxes, transfer pricing, VAT, M&A as well as identify the best tax strategy and deal with the tax authorities.

      Accounting

      We support companies in the Chinese landscape and we help them in meeting accounting and reporting requirements. Our team is composed by local and foreign professional with a deep understanding of China’s Accounting principles.

       

      Brenda Zhao

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      Leaders in Law endorses Brenda Zhao as our exclusively recommended Unfair Competition expert in China. If you wish to get in touch with Brenda, please use the contact information provided above.

      As a founding partner of Corner Stone IP and member of Mediation Committee of INTA & MARQUES, Brenda is an exceptional trademark attorney with about 20 years experience in the field. Her work not only includes providing support on the essential foundation of trademark matters in China, but also managing complex and contested opposition and cancellation matters. Brenda also counsels her clients on copyright and domain name registration and protection, as well as other intellectual property disputes. Brenda represents a number of well-known international companies and plays a fundamental role in securing and protecting their valuable intellectual property rights.

      Firm Overview:

      Corner Stone & Partners is a boutique law firm specializing in intellectual property matters. Our team of experienced professionals are dedicated to delivering quality services and solutions to address our clients’ intellectual property needs in China.

      Our practice includes prosecution and enforcement of trademarks, patents and copyrights. We also assist our clients with domain name registration and enforcement, customs related matters and unfair competition claims.

      Corner Stone & Partners prestigious clientele consists of well-known domestic, international and multinational enterprises, law firms and intellectual property agencies.

      Corner Stone & Partners are proud members of INTA (International Trademark Association), ECTA (European Community Trademark Association), MARQUES (The Association of European Trade Mark Owners), AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle), CTA (China Trademark Association), ACLA (All China Lawyers Association), and BLA (Beijing Lawyers Association).

       

      Peter C. Pang

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      Leaders in Law endorses Peter C. Pang as our exclusively recommended Foreign Direct Investment Law expert in China. If you wish to get in touch with Peter please use the contact information provided above.

      Mr. Pang is the Principal Attorney of IPO Pang Xingpu., a premier international law firm well-known for its ability to obtain difficult, hard to get licenses, permits, approvals and government support for entry by a foreign enterprise into highly regulated Chinese industries, including pharmaceuticals, gaming, telecommunications, television, information technology and retailing, weaponry.
      Mr. Pang actively represents foreign companies interested in doing business in China, splits his time between China and the US, and zealously protects his foreign clients’ intellectual property rights, including trade secrets, in China where IPR protection is still evolving to reach international standards.

      Mr. Pang has substantial expertise in the areas of mergers and acquisitions, equity and cooperative joint ventures, intellectual property, corporate law and political lobbying in China, has been in China since the early 1990’s and is known as one of the oldest joint venture law firms. Mr. Pang was formerly general corporate in-house counsel to several Fortune 500 companies, including Shell Oil Company, Hershey Foods Corporation, Dole Food Company, and Nissan North America.

      Mr. Pang specializes in helping multi-national companies in establishing a foothold and making an investment in China. He is a lobbyist with many years of experience and is well connected with the central government in China. He also specializes in protecting Famous American Brands from piracy and counterfeiting. Mr. Pang has been the principal driver behind over US$5 billion of M&A transactions over the last 30 years, 15 of which involved Sino-American matters. Mr. Pang advises American companies on how to be competitive in the China and global economy and has held various senior level legal positions, board seats and executive management roles.

      As a seasoned business lawyer and entrepreneur, Mr. Pang was most recently the chief legal representative and Board member for a US publicly listed lottery and gaming company, having assisted the company in being the first to deploy an instant scratch lottery game in the PRC by a foreign corporation. He was also the founder and CEO of Globalontime.com, a logistics startup company with operations in Guanghzou, PRC and was also the former Director of International Shopping Network, Inc., a home shopping company with operations in Beijing, the first foreign company to introduce home shopping to PRC in 1994. Mr. Pang was also formerly President of CMC Technologies International, Inc., an electronics device manufacturer and oversaw the sale of the company to Australian bidders.

      Mr. Pang is a noted expert on doing business in the People’s Republic of China, an expert on the legal and economic effect of China’s entry into the World Trade Organization (WTO), and a well-respected attorney and businessman having represented, founded, operated and sold a number of businesses ranging from internet and gaming companies to manufacturing and distribution companies located in the PRC.

      Mr. Pang speaks both Cantonese and Mandarin Chinese. Mr. Pang is a graduate of UC Berkeley in Biochemistry, Santa Clara Law School where he was a member of Law Review, University of Houston with a LLM in International Economic Law, attended the Fuqua School of Business at Duke University and studied law and economics in China and Hong Kong. He is admitted to practice in California, Texas, New York, DC and Pennsylvania, and is specially admitted as Legal Counselor by the Guangzhou Mayoral District for his work on anti-counterfeiting.

      A frequently invited speaker, Mr. Pang is considered to be the leading expert on the expanding US-Sino economy and the laws that will govern its growth. Mr. Pang was the chief negotiator for the City of Oakland in its bid to obtain two Giant Pandas for the Oakland Zoo. Mr. Pang brings with him over 25 years of business, management and legal experience in the PRC.

      Mr. Pang was able to execute initiatives that few other Western companies have been able to do in the PRC and is considered a premier attorney / businessman about the Chinese lottery and gaming business in China and Macau. Mr. Pang is stationed in Shanghai, PRC, and spends his time between the firm’s offices in Guangdong Province, Shanghai and affiliate offices in Beijing, Hong Kong and other locations in China, as well as the firm’s liaison office in Oakland, California, USA.

      Some of Mr. Pang’s accomplishments include:

      • Chief lobbyist and negotiator for bwin Interactive Entertainment in China; principally responsible for advising the Austrian publicly listed company and the world’s largest online entertainment company on the legal parameters for online entertainment in China;
      • Chief Representative, Legal Counsel and Operating Officer for a Las Vegas based company focused on bringing lotteries to China;
      • Chief negotiator for an Australian company in the procurement of the first Gold License to a foreign enterprise;
      • Chief negotiator and investor in the first home shopping television program to China on CCTV in 1996,
      •  Responsible for bringing TVSN Home Shopping Network to China through successful negotiation of the seminal television broadcast contract with CETV, which program is still running after 8 years (a historic first for China);
      • Organized and founded, with the late Henry Fok, a logistics center in Nansha, Guangdong Province, which now serves as the logistics capital of Southern China;
      • Negotiated and procured the permission from the Chinese government to allow the first western company (Las Vegas, NV, USA) to sponsor and operate a lottery – including scratch off tickets, lotto’s, etc. on Mainland;
      • Negotiated, acquired and operated a digital mobile games developer in China and expanded its offerings to over 55 games;
      • Submitted a bid for two giant Pandas for the City of Oakland to the Central Conservation Association of China and competed with Memphis, TN for the rights (Memphis won);
      • On the mayor’s list of special legal attaché in the fight against counterfeiters in Guangdong Province;
      • Negotiated and procured the first gaming television show with SMG in Shanghai for a Western Company and executive produced 41 television shows in 2004;
      • Obtained the right for a US publicly listed company to distribute HIV detection equipment in China – a right that is tightly controlled and not granted easily
      • Developed key relationships that lay the foundation for entry of new biometric payment systems into China in conjunction with the State owned China Union Pay.

      In his career as an attorney, consultant and businessman, Mr. Pang has helped over 100 companies to obtain difficult approvals from the Chinese Government, solve complex problems and recognize untapped business opportunities.

      Firm Description:

      We help foreign enterprises obtain difficult, hard to get licenses, permits, approvals and government support and prepare them for entry into highly regulated Chinese industries, including pharmaceuticals, gaming, telecom, television, information technology, retailing, energy and weaponry.

      Usually companies engage our services while still in the strategic planning stage and seek our support to implement company initiatives and achieve company objectives. Because every venture is unique, especially on foreign soil, not just knowing, but knowing how has been the key to the success of the clients we serve.

      Often the effort involves extensive coaching and a well prepared strategic plan. Other times it may require political lobbying of the Chinese government at the local, provincial, or central level. Regardless the stage of your business development, our expertise in navigating through the Chinese bureaucracy has been the cornerstone of our practice in China.

      IPO Pang Xingpu. has been in China since the early 1990’s and is known as one of the oldest joint venture law firms. The firm is ranked as one of the top international boutique firms with operations in China and comprises highly experienced partners, possesses highly specialized skills, and masters highly proprietary know-how.

      The firm functions through a number of partners and specialists that operate together as an international team and provides the personalized service that clients need in order to operate in a highly complex and changing legal environment. As a member of the International Business Law Consortium, the firm further extends its international network to include a team of highly selective, experienced and reputable attorneys who can assist and execute in nearly every country of the world. As each case is personally handled by a shareholder of the firm, we take pride in this method of client service as it enables each partner to take individual responsibility for delivering outstanding quality and value for each assignment.

       

      Melody Wang

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      Leaders in Law endorses Melody Wang as our exclusively recommended Business Crime Law expert in China. If you wish to get in touch with Melody please use the contact information provided above.

      Melody is a white-collar and complex disputes partner with Fangda Partners in Beijing.

      An experienced trial lawyer and negotiator, Melody is often called upon to assist with cross-border criminal litigation and investigations in China. Melody provides advice and counsel to US and European multinationals on a wide variety of PRC regulatory and criminal investigations, including those related to environmental crime and anti-corruption.

      Melody was trial counsel for ConocoPhillips in litigation stemming from the Penglai oil seepage incidents of 2011, obtaining verdicts dismissing all claims. Melody was also recently involved in a high-profile smuggling investigation for a major European multinational, reaching a decision of non-prosecution from the authorities in China. Additional examples of Melody’s work include acting for a well-known public relations company in a criminal probe conducted by China’s Central Commission for Discipline Inspection and a special prosecution unit.

      Melody is an industry leader in the area of PRC data compliance and has been involved in some of the highest-profile lawsuits and investigations where PRC state secrecy has been invoked. In addition to her advocacy work, she has been appointed as an expert witness in numerous foreign proceedings (eg, the US, Hong Kong and Singapore) on various Chinese law issues.

      Melody received her LLB in law from Beihang University in Beijing and earned LLM degrees from Queen Mary, University of London; and Northwestern School of Law in Chicago. She also has a certificate in business administration from the Kellogg School of Management.

      Melody is a listed arbitrator with the Hong Kong International Arbitration Centre and an active member of the HKIAC’s Women in Arbitration. Melody speaks English and Mandarin.

      Firm Description:

      One Firm Approach

      We have approximately 700 lawyers in our five offices in major Chinese cities: Beijing, Guangzhou, Hong Kong, Shanghai and Shenzhen. We operate as a single, integrated partnership, not as an alliance of lawyers in different locations.

      Our lawyers collaborate seamlessly across practice groups and locations to provide our clients with exceptional service, sophisticated advice and practical solutions founded on our legal expertise, sound knowledge of market practice, deep understanding of the industry landscape and proven ability to assist our clients achieve their business objectives.

      Firm of Choice for the Most Difficult Legal Issues

      We are the firm of choice for businesses requiring solutions to their most difficult and complex legal issues. Leading companies and financial institutions in China and around the world turn to us for legal representation or counseling on their most significant legal and business challenges, whether transactions or disputes.

      Cross-Border Capabilities with a China Edge

      We are known for our cross-border capabilities with a China edge.Our team consists of lawyers qualified in Australia, England and Wales, Singapore, U.S., Hong Kong and the PRC.

      The diversity of our professionals and our strong local law capabilities enable us to bridge legal, regulatory, language and cultural differences that clients inevitably face in transactions and disputes involving multiple jurisdictions.

      At the Forefront of Chinese Commercial Practice

      We have been at the forefront of the development of commercial law practice in China for over two decades.

      We have a proven track record advising clients on groundbreaking transactions or defending them in unprecedented disputes. Some selected notable matters on which we have advised include:

      • First initial public offering by a Chinese company involving an international underwriter
      • The first domestic listing by a company incorporated outside the PRC (so-called red chip company)
      • Formation of the first open-end mutual fund in China
      • First foreign acquisition of a controlling stake in a Chinese public company
      • First FRAND litigation in China
      • Representing the claimant in obtaining the first injunction in an IP litigation under Chinese procedural law
      • First public interest environmental litigation brought by an NGO against a multinational company in China

       

      Gong Chu

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      Leaders in Law endorses Gong Chu as our exclusively recommended Criminal Defense expert in the China. If you wish to get in touch with Gong please use the contact information provided above.

      Lawyer Gong’s team has processed more than 100 criminal cases with foreign factors involved and hundreds of cases of other categories involved with foreign factors.

      GONG Chu (Oscar) started his foreign legal service lawyer career in 2005 and now focuses on criminal defense. In 2015 Lawyer Gong created his own law firm CHINA LAW FIRM, GUANGDONG which is growing steadily. Lawyer Gong has processed many cases of different categories with foreign factors involved, and he has processed around 100 criminal cases involved with foreign factors, which are mainly cases of drug trafficking, hacking fraud, trade fraud, homicide & personal injury, etc., such as: Defending a heroine trafficking suspect from Pakistan, Defending a marijuana trafficking suspect from UK, Defending a marijuana trafficking suspect from the USA, Defending a mainland Chinese homicide suspect who killed a Hong Kongnese, Defending a suspect of intentional injury from UK.

      A foreign language speaking Chinese lawyer who is specialized in criminal defense could bring better result with higher efficiency for a foreign suspect than other Chinese lawyers who need assistance from an interpreter/translator in the work. For example, the better result with higher efficiency in foreign criminal suspect defense can be reached by Lawyer Gong through his work including but not limited to: Visiting the suspect directly and communicating freely with him/her; Communicating with his/her family member(s), colleague(s) and/or friend(s) directly; Communicating with or reporting to the embassy/consulate that is from the suspect’s country to China, needing no help from a language worker. All these work, if put together, may result in elimination of worries and concerns and misunderstandings that often lead to wrongful/unfair comments to Chinese justice also the embassies/consulates of the suspect’s homeland to China to the largest extent.

      Selected Publications:

      • Article,“On Foreign Criminal Suspects Defense”, April, 2020
      • Article,“Comment on Leading Lawyers in Foreign Legal Services”, October, 2018
      • Article,“Guidance of Extraterritorial Service”, June, 2017
      • Article,“On Escrow System in Foreign-related Legal Services”, June, 2011
      • Book,“Study on Transnational Commercial Presence of Chinese Law Firms”, April 2015

      Firm Description:

      CHINA LAW TEAM is led by Doctor GONG Chu, Oscar. We focus on legal services with foreign factors involved. We work with English, Mandarin, Cantonese, French, Japanease and Spanish.

      2005 till now Gong Chu (Oscar) has been practising as certified lawyer in mainland China, he was partner of one of the biggest and most renowned law firms in China.

      In 2015, Gong Chu (Oscar) created CHINA LAW FIRM, GUANGDONG to focus on legal services with foreign factors involved.

      CHINA LAW FIRM, GUANGDONG now has signed 35 alliance and cooepration law offices in mainland China and abroad.

       

      Luming Chen

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      Leaders in Law endorses Burçak Sercan Sarıkaya as our exclusively recommended Commercial Law expert in Turkey. If you wish to get in touch with Burçak please use the contact information provided above.

      Mr. Chen is based in the JunHe Shanghai office. Before that, Mr. Chen was a partner at Jones Day, and was associated with Debevoise & Plimpton and O’Melveny & Myers in the US.

      Mr. Chen has broad experience in the resolution of complex international disputes through arbitration, litigation, mediation and negotiation. He has significant experience in project construction disputes, disputes arising under long-term purchase agreements, complex commercial, share and asset acquisition, and joint venture disputes, and disputes involving insurance and insolvency proceedings. In recent years, he has represented clients in a large number of disputes involving assets management contracts and PE investment contracts. Mr. Chen has helped foreign clients in the enforcement proceedings of foreign arbitral awards in Chinese courts under the New York Convention.

      Mr. Chen has been on the CIETAC panel as an arbitrator since 1989. Over the years, he has heard a large number of disputes of a varied nature. He has represented clients in arbitration proceedings before the Hong Kong International Arbitration Centre (KHIAC) and the Singapore International Arbitration Centre (SIAC); and is also on the panels of arbitrators for the two arbitration institutions.

      Mr. Chen is familiar with US law and litigation rules, and was a member of the defense team involved in the criminal investigation by the US Ministry of Justice on illegal trading of US treasury bonds by an employee of Daiwa Bank. He participated in the whole proceedings of document production in response to a subpoena by the US Ministry of Justice, and in the criminal defense proceedings of the bank employee in the US District Court for the Eastern District of New York.

      Mr. Chen also has extensive experience in representing multinational companies in their investment projects in China on such matters as the establishment of joint ventures, wholly foreign-owned enterprises, and strategic alliances; real estate, venture capital, private equity, and securities transactions; and intellectual property protection. His experience covers a wide range of industries, including manufacturing, retail, IT, entertainment, technology, chemicals, construction, and transportation. Mr. Chen also has extensive experience in energy projects, including power plants, natural gas pipelines, and wastewater treatment facilities. Mr. Chen advises Chinese companies on outbound investment projects in foreign jurisdictions. He has represented a PRC private company in acquiring a bauxite in Jamaica.

      Mr. Chen is ranked as a leading lawyer in Chamber’s Asia-Pacific (Arbitration) and Who’s Who Legal (Litigation). He was selected as one of the “Top 20 client most-favored Lawyers” by ALB.

      Education

      JD, Harvard Law School, 1995

      MA, Fudan University, 1986

      BA, Fudan University, 1983

      Professional Associations

      Mr. Chen is a member of the All-China Bar Association. He is also a member of New York State Bar Association and the American Bar Association.

      Mr. Chen is on the list of arbitrators of CIETAC, SHIAC and SCIA. He is also on the panels of arbitrators of HKIAC, SIAC, the Korean Commercial Arbitration Board (KCAB) and the Vietnam International arbitration Centre (VIAC). He serves as the deputy director of international trade law committee of the Shanghai Bar Association.

      Firm Description:

      JunHe, founded in Beijing in 1989, is one of the first private partnership law firms in China. Since its establishment, JunHe has grown to become one of the largest and most recognised Chinese law firms. The firm has 12 offices around the world and a team comprising more than 800 professionals – including over 240 partners and legal counsel, as well as over 560 associates and legal translators.

      A solid foundation of delivering premier legal services

      JunHe is committed to providing top-tier legal services in commercial transactions and litigation. Our firm is well known as a pioneer, an innovator and a leader in the re-establishment and development of the modern legal profession in China.

      Just as each industry requires specialised knowledge, our attorneys are arranged into multidisciplinary practice groups so that they are equipped with deep expertise in market-tailored legal fields and industry sectors. To meet the specific requirements of each client and project, we form project teams across different practice groups to combine the strengths of lawyers with the requisite skills to offer bespoke legal advice. By consistently providing exceptional representation, we have earned our reputation for excellence.

      Our network growth is achieved through prudence and independence 

      JunHe works towards its goals of independent development and strategic expansion. In addition to our head office in Beijing, the firm operates in offices throughout China – in Shanghai, Shenzhen, Guangzhou, Dalian, Haikou, Tianjin, Qingdao and Chengdu. Through our network of offices based in China’s political, economic and financial centres, as well as in the economic zones along the east and the south coasts, we serve our clients across the country.

      In tandem with our domestic clients’ investments abroad, the firm has opened fully licensed offices in Hong Kong and New York – both international commercial centres – as well as in the high-tech mecca of Silicon Valley. By doing so, leaders in finance and technology have access to our cutting-edge representation in China and abroad.

      Adhering to the principle of client-centred services, we are a true and genuine partnership law firm, with our domestic and overseas offices placed under common management and resources pooled and deployed in an integrated manner.

      Our relentless power is sourced from attracting talented lawyers worldwide

      At JunHe we are keenly aware that our core competitiveness lies in the strength of our collective intelligence. Our attorneys are primarily recruited from the world’s top law schools and law firms, and some have previously served as government officials, judges, accountants, tax analysts and scientists.

      While most of our lawyers are licensed in China, many are qualified to practise law in multiple jurisdictions, such as the US, the UK, Australia, New Zealand and Hong Kong. Our attorneys are multilingual, with fluency in Chinese as well as English, German, Japanese and several other languages.

      In addition to advising clients at JunHe, our lawyers often concurrently hold distinguished posts in international organisations, government agencies, trade associations and arbitration tribunals. They also devote their expertise to contributing to Chinese lawmaking, writing legal publications, organising academic research and seminars, and teaching as guest professors.

      Our competitive edge is maintained through constant innovation

      From the beginning, our firm has grown by virtue of innovation. At the forefront of great movements, JunHe continues to forge ahead of our peers and continuously innovate, whether by advising on unprecedented foreign investment projects during the initial period of China’s reform-and-open campaign; major transactions during the state-owned enterprise reform in the 1990s; comprehensive debt and equity operations, incorporating onshore and offshore capital markets in the new century; or the continuous development of novel services and products in the internet era.

      JunHe is credited with many “firsts” in the Chinese market. Growing with our clients, we have not only been honoured with high praise, but have also achieved a leading position in the Chinese legal industry.

      Our global strategy is devoted to collaborating with our peers     

      In the context of globalisation, we augment our strengths by collaborating with leading law firms in other jurisdictions. By building such alliances, we overcome cultural differences and knowledge gaps. In turn, our clients benefit from a combination of rich local experience, smooth communication, the full spectrum of practice areas, global coordination and seamless representation in cross-border transactions.

      Due to our outstanding client service and excellent reputation, we are the only Chinese law firm to be accepted for membership in Lex Mundi and Multilaw, two leading associations of independent law firms around the world. We have also established “best friend” relationships with many other preeminent local law firms. Through such alliances, we are able to extend our premier legal services efficiently and consistently to every corner of the globe.

       

      Eugene Chen

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      Leaders in Law endorses Eugene Chen as our exclusively recommended Product Liability Law expert in China. If you wish to get in touch with Eugene please use the contact information provided above.

      Eugene Chen is based in Hogan Lovells Shanghai office, and is one of the few US-trained and experienced litigators located full-time in China to advise our Chinese and international clients regarding the advantages and potential liabilities of international dispute resolution. His practice focuses on cross-border disputes and investigations in the United States, China, and elsewhere in Asia.

      Eugene has experience in representing Asian and Western companies in all matters of litigation, international arbitration, and dispute resolution. His disputes practice includes compliance and FCPA investigations, large and small scale product liability suits, patent infringement litigation, trademark and copyright issues, commercial contract and unfair competition disputes, and U.S. consumer class action lawsuits.

      He is experienced in handling every phase of a dispute, from pre-suit investigation to the filing of a complaint or arbitration demand to judgment or other successful conclusion.

      Eugene received his B.A., summa cum laude from Columbia University (1995), and his J.D. from Stanford Law School (1998). He is admitted to practice in California and the District of Columbia.

      Product Liability Law Practice

      Lawyers working within Hogan Lovells’ Product Liability practice combine technical and scientific knowledge with a firm grasp of today’s commercial environment. They understand your products and commercial concerns, and draw on years of experience of dealing with product liability issues in over 30 counties around the world.

      Over the past decade, we have been involved in many of the world’s high-profile product liability controversies, acting on behalf of manufacturers from the consumer goods, automotive, electronics, food, aviation, tobacco, and life sciences industries, among many others.

      The practice covers all aspects of product liability, including risk prevention and risk management, compliance with product safety regulations, labeling, product recalls, and the defense of unitary, cross-border and multi-party personal injury claims. We place particular emphasis on effective risk management as the key to reducing exposure to civil and criminal liabilities.

      Our innovative International Product Liability Network enables us to assist clients to manage product liability risks globally. The Network comprises our leading product liability lawyers in all major markets and experienced local lawyers, who work together to solve whatever problems our clients face anywhere in the world.

      Hogan Lovells

      Hogan Lovells is a global legal practice that helps corporations, financial institutions, and governmental entities across the spectrum of their critical business and legal issues globally and locally. We have over 2,500 lawyers operating out of more than 45 offices in Africa, Asia, Europe, Latin America, the Middle East, and the United States.

      Our practice breadth, geographical reach, and industry knowledge provide us with insights into the issues that affect our clients most deeply and enable us to provide high quality business-oriented legal advice to assist them in achieving their commercial goals.

      Hogan Lovells is distinguished by a highly collaborative culture which values the contribution of our diverse team both within Hogan Lovells and in the wider community. Our style is open, service focused, and friendly. We believe that our commitment to client service, commerciality, and teamwork provides benefits to our clients and enhances effective business relationships.

       

      Alan Zhou

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      Leaders in Law endorses Alan Zhou as our exclusively recommended Healthcare Law expert in China. If you wish to get in touch with Alan please use the contact information provided above.

      Alan Zhou’s practice is focused in the areas of mergers & acquisitions, private equity/venture capital, regulatory compliance, and general corporate. Mr. Zhou has a particularly strong background in pharmaceutical and healthcare, and TMT industrial sectors.

      Mr. Zhou has represented many multinational corporations, reputable Chinese state owned and private corporations, and private equity/venture capital funds. He has routinely represented such multinational corporations as Sanofi, Schlumberger, Siemens, Boehringer Ingelheim, Novartis, Aon, Bureau Veritas, Catalent, Terumo, Tosoh, Barclays, Societe Generale Bank, Samsung and SK Telecom. Mr. Zhou has not only worked for reputable Chinese private companies such as Focus Media, VIPShop, Acorn International, Hisoar Pharmaceutical, Tianyuan Biopharm, and GeneScience Pharma, he has also advised PRC state owned companies such as Shanghai Dasheng, Shanghai Industrial and Shanghai Airport Authority. In the area of PE/VC, Mr. Zhou has acted for CBRE Investors, Colony Capital, Navis Capital, Lightspeed Ventures, Qiming Ventures, DT Capital, NEA, New Alliance Capital, Warden International, WINS and other international and local PE/VC funds.

      Mr. Zhou has been seconded as general counsel for China operations of Boehringer Ingelheim, a leading multinational pharmaceutical company, for more than nine years, and is responsible for various legal matters including general corporate, acquisitions and joint venture formation, compliance and regulatory, intellectual property and corporate restructuring.

      Healthcare Law Practice:

      Our Pharmaceutical and Healthcare (P&H) practice group is one of the leading advisers in China as this group not only has premium knowledge but also thorough understanding of the practice of P&H industry. We have provided ‘one-stop’ legal services for every area of the P&H industry, including drug R&D, clinical research organizations (CRO), pharmaceuticals, life sciences, biotechnology, medical devices, supply producers and distributors, hospitals and other healthcare providers, as well as various investment funds in the P&H sector.

      Global advises clients on challenging P&H legal issues such as regulatory compliance, structuring transactions and contractual arrangements, realization of pipeline and geographic expansions, capital raising and project financing, mergers and acquisitions, reorganisations, IP protection, licensing and distribution arrangements, settlement of disputes involving adverse effects in clinical trials and medical treatment, etc.

      Global also has close links to industrial associations and is involved in making recommendations on industry codes of conduct.

      Global Law Office:

      The history of Global Law Office dates back to 1984, when it became the first law firm in the People’s Republic of China (the “PRC”) to take an international perspective on its business, fully embracing the outside world.

      In today’s global economy, we continue to set the pace as the PRC’s most innovative and progressive law firm. In doing so, we build on the energy and creativity of our highly qualified professionals, most of whom have gained qualifications and hands-on experience in law schools and firms throughout Asia, North America, Europe and Australia.

      Our clients are the most important part of our business. We have attracted clients from all parts of the world, working in countless industries and market areas.

      Our value is delivered to our international and domestic clients through our deep knowledge and experience across the full range of practice areas and industries affected by Chinese law. As one of the country’s most well-established and respected firms, we can bring our clients the legal and cultural understanding needed for long-term success in the PRC.