Capabilities

China

Arnold & Porter Kaye Scholer has deep roots in China, with nearly 40 years of experience representing US and multinational companies doing business in China and Chinese companies doing business overseas. Whether the matter is transactional, regulatory, or involves a contentious dispute or investigation, our constant focus is providing clients with the sophisticated, practical, and cost-effective advice they need to succeed in today's cross-border business environment.

Attorneys in our China practice have represented companies in a wide array of industries, including automotive, chemical, consumer products, e-commerce, financial services, healthcare, hospitality, natural resources, life sciences, publishing, semiconductor, and telecommunications, among others. Our team also has represented governmental and quasi-governmental entities in China-related international disputes and investigations, particularly in the area of international trade.

Our China practice comprises work handled out of the firm's offices in Shanghai, the United States, and Europe, spanning a range of primary practice disciplines, including:

  • International Corporate Transactions (Inbound to China and Outbound from China)
    • Cross-border M&A and investment by strategic and financial investors
    • Market entry into China, including related regulatory and corporate structuring (joint ventures, strategic alliances, wholly foreign-owned enterprises, etc.)
    • International tax, regulatory compliance, antitrust, intellectual property, cybersecurity and data privacy, environmental, health and safety, and employment matters
    • Committee on Foreign Investment in the United States (CFIUS) review
  • International Arbitration
    • International commercial arbitration
    • Investment treaty arbitration
    • Award enforcement and execution
  • Anti-Corruption/White Collar Defense
    • Internal investigations and defense of enforcement actions under US Foreign Corrupt Practices Act (FCPA), UK Bribery Act and other anti-bribery laws
    • China and global anti-corruption compliance and monitoring
  • Antitrust/Competition
    • Merger clearance
    • Civil antitrust litigation
    • Civil and criminal/cartel investigations
    • Counseling/compliance programs relating to pricing, distribution and related issues; intellectual property; dominance and abusive conduct
  • US Export Controls and Sanctions
    • Advice and representation regarding the US Department of Commerce's Export Administration Regulations (EAR) and the US Department of State's International Traffic in Arms Regulations (ITAR)
    • Advice and representation regarding sanctions laws administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC)
    • Compliance and monitoring
  • International Trade Litigation and Investigations
    • Anti-dumping and countervailing duty cases before the US Department of Commerce and the US International Trade Commission (ITC)
    • Section 337 investigations and patent litigation before the ITC
  • US Litigation
    • Consumer class actions
    • Product liability, toxic tort and environmental litigation
    • Intellectual property litigation
    • Securities enforcement and litigation
    • Real estate litigation
  • Life Sciences
    • Regulatory strategies
    • Cross-border R&D, licensing and commercialization arrangements
    • Cross-border investment and M&A, including industry-specific transactional due diligence and post-transaction integration
  • China Litigation Management
    • Management and supervision of complex, high-stakes and multijurisdictional litigation
    • Management of fraud investigations and advice on recovery strategies
    • Management of intellectual property infringement and unfair competition investigations

Our team includes numerous bilingual attorneys and other professionals who stand ready to assist clients across a range of practice areas. Our team also includes attorneys who have served at senior levels within the US government and were actively involved in issues relating to China, including responsibility for managing US trade negotiations with China, implementing and administering export controls and trade sanctions, and national security policy. We leverage this government and international institution experience to provide real-world, practical advice that goes well beyond the surface of the applicable law, regulation, or agreement at issue.

Perspectives

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