For any company operating on a global scale, working in China is a must. As China continues to evolve as a major player on the world stage in nearly every area of economic, political and cultural life, the country’s business and regulatory climate continues to shift. To maximize opportunities while ensuring compliance with complex regulatory requirements, companies must utilize legal counsel skilled at advising on matters critical to business success. McDermott can help.
To provide a full range of legal services and business advice to Chinese companies and multinational corporations doing business in China, McDermott has developed a strategic alliance with MWE China Law Offices in Shanghai. The founding partners of MWE China Law are long-established Chinese attorneys with in-depth knowledge of the Chinese cultural, legal and regulatory system and the global experience to provide a Western-style approach to clients from around the world. In addition to their extensive Western legal training and experience, all of the firm’s lawyers are licensed to practice in China.
MWE China Law offers diverse sector experience in almost every significant regulated and unregulated industry in China, including banking, finance and insurance, health care, pharmaceuticals, medical devices and life sciences, technology, manufacturing and distribution. The firm counsels clients in all key areas of law, including antitrust and competition, capital markets, corporate (including mergers, acquisitions and joint ventures), labor and employment, intellectual property, litigation and arbitration, real estate, regulatory compliance, tax, venture capital and private equity.
MWE China Law recently announced the launch of the MWE China Data Center, the first digital discovery platform in China designed, operated and staffed by lawyers fully licensed to operate in the country. MWE China Data Center helps clients respond directly to growing compliance demands by the Chinese government and the subsequent need among multinational companies for greater, more detailed regulatory, litigation and transaction data.
Corporate & Transactional (including health and life sciences)
A global agricultural company in its acquisition of assets of a local food company, as part of its global acquisition of the dehydrated and vegetable products business and operating assets of a US packaged foods company
A global producer of organic peroxides and persulfates in its global acquisition of the Chinese subsidiaries of a leading manufacturer of custom-tailored ketone peroxides
A Chinese orthopedics equipment manufacturer in its majority stake sale to a venture capital fund. Advised on licenses and permits, design of transaction and restructuring framework, national security, SAFE compliance and FCPA due diligence
A global drug development services companies in designing its investment strategy for the establishment of a China based R&D center in accordance with China’s complex land use, foreign investment, tax and administrative law regulations
A global health care leader in one of the largest merger control cases handled by Chinese regulators to date
A US personal care products company on IP enforcement issues, including issues relating to physical infringers and on-line vendors, assisted in preparing the relevant formalities for customs recordal of Chinese registrations, contacting, advising and requesting certain websites to prevent and/or stop on-line infringement
A provider of educational materials in management studies in litigation against its local Chinese distributor, who was engaged in counterfeiting activities
A global industrial equipment manufacturer with its strategy for the protection of the IP portfolio of one of the world’s, including litigation in Chinese courts, the negotiation/re-negotiation of licensing agreements and other IP related matters
A US pharmaceutical manufacturer with securing a winning verdict in Chinese courts for a leading in several of its patent disputes with a competing pharmaceutical company
A world-leading agribusiness company in the enforcement of its patent rights against several local infringers in multiple litigations and advised on the formulation of a comprehensive IP protection strategy
Labor & Employment
A global drug development company with drafting its entire set of employment documents, including the employment contract, handbook and laboratory rules along with advising the company’s employment relationships with senior managers, especially non-compete and confidentiality agreements as well as protection of the employer’s intellectual property rights
A multinational food manufacturer as perennial legal counsel including reviewed the company’s rules regarding pension plans, advised on revisions to its internal company rules, reviewed its growth incentive plans for senior managers, designed its internal employee restructuring plan in China after its acquisition of another global food manufacturer and monitored the execution and implementation of the plan
A global food processing company in successfully completing a layoff project with more than 270 employees involved in five weeks
A market-leading, global provider of integrated flow control solutions in the oil and gas industries with its negotiation with the on-strike employees, communication with the local government, and solving numerous regulatory challenges and labor union boycott, finally putting the company back to shape
Litigation & White Collar
A global provider of blood bank supplies and services with its intellectual property and investment issues in China as well representing the company in its litigation against an infringer of its trade secrets, winning a favorable verdict
A US-listed pharmaceutical manufacturer with securing a winning verdict in Chinese courts for a leading in several of its patent disputes with another pharmaceutical manufacturing giant
A leading provider of management software on its dispute against its former agent securing an overwhelmingly favorable judgment for the client in a commercial contract dispute
A multinational company on the anti-competitive conduct and embezzlement of company funds by its CEO, CFO, and other key executives in China
A multinational company on the embezzlement of company funds and anti-competitive conduct of its regional chief representative for Mainland China and Taiwan
A US medical device company with conducting a FCPA due diligence in connection with its acquisition of a prominent Chinese private medical device company
A Fortune 500 health care service provider with conducting a comprehensive FCPA pre-acquisition due diligence on target hospitals for acquisition to identify the possibility of FCPA successor liability to the company as a result of the possible historical non-compliance by the hospital
A Fortune 500 oil equipment and services company in many aspects of its international compliance efforts including conducting FCPA due diligence on multiple third-party sales agents and distributors in China and neighboring Asian countries, with an investigation by Chinese authorities related to business practices of one of its Chinese subsidiaries and provided advice on compliance with Chinese anti-bribery laws, business record keeping requirements, and trade regulations, and FCPA training, specifically tailored to the Chinese business environment.
A global health sciences and products company in designing its Health Care Professionals policy specifically tailored to the Chinese business environment and online training materials implementing the Company’s ethical standards in China
A US-listed company’s China subsidiary, which is under DOJ’s monitoring for FCPA violation, with an internal investigation including assisting with post contingency actions, tax back-filing, local government investigation, media crisis management, customer relationship management, and employment restructuring
A leading global retailer in solving tax liabilities inherited from the previous owner of its newly acquired Chinese subsidiaries (which involved over 100 stores in more than 20 cities throughout China) as well as designing tax practice standards for the subsidiaries for compliance purposes
A leading pet food supplier in its settlement with the tax authorities regarding the back-filing of IIT incurred for its expatriate employees including a possible fine and late payment surcharge completely waived
A global civil engineering test solutions provider in its resolution of various tax issues in connection with its acquisition of three local testing machine companies, including pre-deal tax-efficient structuring, tax exposure estimation, deal contract negotiation relating to tax compliance and obligation terms as well as post-deal tax integration
A global fast food restaurant chain with conducting a China State Administration of Taxation mandated self-examination of its operations, spanning over 200 food services stores throughout China
A European food products manufacturer its tax evasion investigations instituted by various Chinese tax authorities nationwide against its senior corporate officer securing a favorable settlement with the tax authorities on the company’s behalf.