Managing IP, 2016
With a track record of over 4 decades in China, our teams have advised on a broad range of domestic and international matters. From our offices in Beijing and Shanghai we focus on representing major Chinese state-owned and private enterprises on cross-border investments, regulatory issues and international disputes in the tech, energy & infrastructure, financial services, consumer/retail, and life sciences sectors. Financial Times has recognized us as one of the most innovative international firms in the Asia-Pacific region.
Outbound Support for Chinese Companies
We advise Chinese private and state-owned enterprises in cross-border investments ranging from high profile e-commerce retailers and robotics manufacturers to natural gas exploration and refinement to energy and infrastructure projects in Southeast Asia, Europe, and the Americas. We help clients navigate the regulatory issues relating to their transactions and we are experienced in dealing with the Chinese regulatory authorities to obtain the required approvals, clearances and licenses.
Our International Trade team provide guidance on regulatory approvals and compliance worldwide. We have secured Committee on Foreign Investment in the United States (CFIUS) clearance for particularly sensitive transactions; for example, the acquisition of the U.S. plane maker Cirrus by a subsidiary of the Aviation Industry Corporation of China as well as the investment by Baidu into LiDAR solutions provider Velodyne.
Leading Chinese tech companies, private equity and venture capital firms turn to us for growth and investment strategies. We represent major Chinese state-owned and private enterprises on inbound and outbound M&A and corporate venture investments. Our tech sector experience - automotive technology and mobility, e-commerce, life sciences, e-commerce and fintech - helps support the fast-growing and disruptive China tech market. Our client base includes some of the biggest Chinese and Asian tech companies – JD.com, one of China’s largest online retailer; Baidu, the world’s largest autonomous vehicle open source operating system provider and second-largest search engine; Trax Retail, a Singapore headquartered unicorn; Chinese web giant Tencent Technology and Xiaomi, China’s “Apple” – as well as numerous other tech companies and leading investors in the sector. We have also helped and continue assisting numerous foreign multinational corporations such as Apple, Applied Materials, Canon, Microsoft, Micron, Panasonic and Schlumberger, to name just a few, in their practical issues and dispute matters relating to their China operations.
We assist multinationals in connection with their IP matters, our team is consistently ranked among the top-tier firms in China by Managing Intellectual Property, Asian Legal Business and IAM Patent 1000. We are perceived in the China market as one of the very few foreign law firms with an integrated China office and IP team, protecting IP rights of multinational corporations, both foreign and Chinese. We have a combined legal and practical industry experience, gained by members of our team who have worked in various industries as engineers and scientists before they became lawyers. Their experience in representing companies offers a distinct advantage in tech transactions, including agreements to develop, license, test, market, distribute, co-brand, protect and acquire or divest technology and other IP rights as well as assisting them on their strategic decisions and planning for their most contentious and important IP disputes.
We counsel leading tech companies based in China and worldwide on matters both in China and in the U.S. We've handled thousands of China patent and trademark applications and more than 100 patent, trademark, copyright, domain name and trade secret-related disputes in China and the U.S. during the past decade. Clients include Chinese companies such as AT&M, Baidu, Haier, Hisense, Xiaomi, SMIC, Shenzhen Howshow Technology and Shanghai Sansi Electronic Engineering Co. and our select foreign clients include Apple, Applied Materials, Canon, Microsoft, Micron, Panasonic and Schlumberger.
The Chinese Ministry of Commerce named us as a "preferred U.S. law firm" to represent Chinese companies before the U.S. International Trade Commission in patent infringement litigation.
We offer Chinese companies one of the leading U.S. litigation platforms – including litigators who have experience understanding the unique risks and considerations China-based clients face in U.S. disputes. Our U.S.-based team successfully defended AT&M and four co-respondents in a trade secrets misappropriation investigation before the US ITC and successfully represented Baidu, Haier, Hisense and others against patent trolls in U.S. district courts.
Our domestic U.S. work covers commercial litigation, product liability, trade secrets misappropriation, intellectual property, international arbitration and investigations/regulatory compliance. A key strength is our ability to integrate with other offices to deliver optimized solutions for clients. We've represented a subsidiary of Bayer HealthCare in a product liability and personal injury case and China National Building Materials on a $billion+ class action lawsuit.
We play a key strategic role with boutique and institutional private investment fund sponsors and key institutional investors with 30+ years' experience in formation and management of investment funds throughout the Asia-Pacific markets. We have a strong track record of advising on the formation of many of the first Asia-based hedge funds and private equity funds and their pioneering cross-border investments. Clients include Asian hedge funds managed by independent managers, Asian PE funds sponsored by global financial institutions, and Asian institutional investors investing in regional and global funds including Silk Road Fund, Intermediate Capital Group, China-LAC Cooperation Fund and China Resources Capital Management.
Our China advice is centralized through our offices in Beijing, Shanghai and Taipei. Deploying a “hub and spoke model,” our lawyers manage and review advice from counsel in other jurisdictions to ensure a consistent approach to the advice our clients receive. Our global reach and experience allow us to advise clients from a global regulatory perspective, helping reconcile the differing legal requirements in the multiple jurisdictions. We work on privacy and cybersecurity projects that simultaneously provide country-specific elements, as well as global advice on critical regulatory and compliance issues and we regularly work across multiple countries at one time for clients. Together with Orrick’s US and European cybersecurity team, our China team has assisted many multinational corporations both Chinese and foreign, in their data privacy and cybersecurity compliance projects as well as most demanding and urgent cybersecurity matters in China.
We play a leading role in the development of China’s pro bono legal practice and through Orrick Cares we support community organizations throughout China. In Beijing, our team supports Bethel House, a program for blind children. In Shanghai, we volunteer with Yueliang Children’s Mental Development Center, which serves autistic children.
Managing IP, 2016
Financial Times, 2015
China Law & Practice, 2015
Asian Legal Business, 2013-2018