Michelle Ya-Ling Gon is a partner on secondment to the Shanghai office of McDermott Will & Emery’s strategic partner, MWE China Law. Her practice focuses on compliance and regulatory matters, including anti-corruption, unfair competition, anti-monopoly and anti-fraud representations.
Ms. Gon has extensive experience in handling international transactions in a wide spectrum of practice areas across China, Taiwan and the USA. With her long term, on-the-ground experience of doing business both within and outside China, Ms. Gon provides practical advice to clients on complex legal issues. Ms. Gon often assumes the role of external general counsel for various Multi-National Companies (MNCs) and domestic clients doing business abroad on various issues.
Prior to joining McDermott Will & Emery, Ms. Gon was a Principal at Baker & McKenzie Shanghai from 2005 to 2015. She has also held various roles at Baker & McKenzie including Managing Partner of the Taipei office; served as the Chief Legal Officer/Vice President of Semiconductor Manufacturing International (Shanghai) Corporation; and been an International Attorney for McDonald’s Corporation, headquartered in Oak Brook, Illinois.
Ms. Gon was named as one of the Top 30 Attorneys in China and one of the Top 100 Attorneys in the Asia Pacific region, byAsian Legal Businessin 2004. She was listed as a leading lawyer in the life sciences sector in China by Chambers Asia Pacific in 2012, 2013, 2014 and 2015. Ms. Gon is a member of the American Bar Association and the Illinois State Bar Association.
Most of Ms Gon’s clients are large American, European or Japanese MNCs doing business in China, or large, China-based MNCs doing business globally, across a number of sectors, including pharmaceuticals, medical devices, life sciences, health care, agriculture, food-related products, wine and spirits, hospitality, cruise lines, manufacturing, IT and high tech. Many of her clients are listed on the US, Hong Kong, US or other stock exchanges.
Represented clients in more than fifteen cases to conduct risk assessments of their China based operations, including investigating subsidiaries, joint venture companies and newly acquired companies, to ensure compliance with anti-bribery, unfair competition and anti-monopoly requirements
Compliance – Foreign Corrupt Practices Act (FCPA) – Related Due Diligence
Represented clients in ten cases, in connection with large M&A transactions, in relation FCPA and China anti-bribery and anti-monopoly compliance due diligence into the acquisition targets, the management team, key employees and third party distributors or suppliers, to ensure compliance prior to acquisition, or shortly after the closing of the transaction, to minimise compliance risk
Compliance – Antitrust
Represented clients in two major cases in response to National Development and Reform Commission investigations into allegations of vertical monopolies in the vision care and milk products sectors
Acted as a trustee to monitor an acquirer in a large acquisition that was subject to conditional approval, to ensure compliance of the conditions set forth by the China Ministry of Commerce
Compliance – Internal Investigations
Represented clients in fifty cases to conduct internal investigations into their regional management teams, local management teams or employees located in various provinces and cities in China and other Asia Pacific countries on anti-bribery and FCPA-related issues
Assisted senior management and board members with analysis of the findings of internal investigations, and advised on suitable actions, including self-disclosure and termination of employee or distributor contracts
Compliance – China Enforcement Actions
Represented clients in fifteen cases in response to investigations initiated by the Administration for Industry and Commerce or Maritime Safety Administration authorities in various districts and in Beijing, Hangzhou, Shanghai, Shenyang and Suzhou, amongst other cities, in connection with alleged commercial bribery claims
Represented clients in seven cases in response to claims raised by various agencies in Beijing, Shanghai and Suzhou in connection with alleged violations of labelling, advertising, food licensing and other administrative laws
Compliance – Anti-Fraud Actions
Represented clients in five cases (the auto-parts, after-sale services and chemical industries) on safeguarding their interests against fraud committed by former employees, current employees and third party suppliers owing to breaches of codes of business conduct, embezzlement, and misappropriation of trade secrets and company properties and funds
Represented clients in six cases (the medical device, food, toy and manufacturing industries) regarding wrongful behaviours caused by suppliers or distributors that resulted in termination of contracts
Assisted clients in three cases in connection with international wire transfer fraud and other fraudulent acts
Compliance – Compliance Training and Advice
Conducted awareness compliance training of clients’ local management team and staff (about 50 sessions)
Led brainstorming sessions on compliance strategy, made recommendations to address critical compliance issues, and provided China addenda to global codes of conduct
Compliance – Review of Business Model and Revision of Contracts
Reviewed local distribution agreements to ensure that clients’ distribution business models and sales practices meet China’s regulatory requirements; reviewed and revised over 2,000 contracts to comply with Chinese Anti-Monopoly Law, Anti-Bribery Laws and Unfair Competition Laws
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.