Practice Leader(s)
- Eric C. Emerson
eemerson@steptoe.com
+86 10 5834 1111
Related Practices
Professionals
China
Attorneys in Steptoe’s China practice help clients invest in and conduct business in China by addressing trade and regulatory barriers, protecting intellectual property, complying with the regulations that govern their China operations, and resolving business disputes.
Market Access
Steptoe regularly provides advice and counsel to companies investing in China to help address prohibitive trade and regulatory restrictions adopted by the Chinese government. Steptoe has been successful in addressing these issues, including by working both with the U.S. Government and the Congress and directly with the Government of China and through other channels in China to address these regulations and modify the government’s position. We also monitor pending Chinese legislation and regulations and provide clients with updates and analysis on the potential impact of a given proposal.
International Regulatory Compliance
Our regulatory compliance group assists many multinationals with extensive interests in China, including the largest foreign investors in China, on US and Chinese regulatory compliance issues. The firm advises on specific activities and transactions; helps companies structure and document specific relationships; performs due diligence on entities; and conducts internal investigations. Steptoe offers a full range of counseling, compliance, and advocacy services for companies involved in international transactions that implicate US or international regulatory requirements. We assist clients on matters involving export controls for dual-use goods, technology, and defense articles; economic sanctions, international competition and regulatory issues associated with cross-border joint ventures, mergers, or licensing agreements.
FCPA/Anti-Corruption
Steptoe counsels companies doing business in China on the scope, meaning, and application of the US Foreign Corrupt Practices Act (FCPA), related U.S. statutes, and the U.K. statutory and common law dealing with fraud and corruption (including the Proceeds of Crime Act) as it relates to their Chinese operations.. Our practice includes both preventive advice and counseling and investigations and enforcement work. Our practice is worldwide, and includes extensive experience dealing with trade and investment transactions in China. We have conducted numerous FCPA investigations for US and multinational companies doing business in China. We perform special board committee investigations and internal investigations for companies, boards of directors, audit committees, and special litigation committees; and design compliance policies and procedures for company personnel and affiliates working in China.
International Arbitration
Attorneys in the China practice have significant experience assisting clients in resolve disputes in China. We have extensive experience in areas critical to pursuing and resolving disputes effectively, such as treaty-based rights and obligations, waiver of sovereign immunity, measurement of damages, discovery, enforcement of awards, and choice of law. This experience translates into a strong ability to help clients achieve their goals in an arbitration proceeding. Our experience includes representing foreign parties in the key fora for dispute resolution in China including CIETAC, HKIAC, and Singapore.
International Trade
Steptoe has one of the largest and most experienced international trade practices in the United States. Many of our attorneys bring to bear experience and insight gained from senior government service with the Department of Commerce and the Office of the US Trade Representative, as well as the Departments of State, Defense, Justice, and Treasury. In 2009, Chambers Asia named Steptoe's International Trade group the market leader of international firms practicing in Asia. We represent importers in US and EU trade proceedings and we have substantial experience representing companies facing trade remedy investigations in China. We are currently representing clients in the two most highly watched cases China has brought against US companies.
Intellectual Property
Clients doing business in China are finding it increasingly important to protect their own intellectual property from possible infringement. Steptoe lawyers are experienced in all phases of intellectual property representations, including the evaluation, acquisition, licensing, and transfer of all manner of intellectual property rights, including patent, copyright, database, trademark, and trade secret rights.
International Business Transactions
Steptoe has an active international corporate and finance practice, focused in large part on emerging economies, infrastructure projects, and public finance transactions. Our lawyers have extensive experience on cross-border transactions and issues relating to new investments, joint ventures, and global supply operations. We have been active in the areas of international telecommunications, electric power, transportation infrastructure, hydroelectric projects, and intellectual property protection. The firm has assisted clients to obtain international lending, insurance and participation from the major public finance institutions, such as the World Bank, Ex-Im Bank, European Bank for Reconstruction and Development, International Finance Corporation, and Overseas Private Investment Corporation. We have also represented private and governmental clients in privatization projects.
REPRESENTATIVE MATTERS
- Representing a prominent auto manufacturer in the largest antidumping and countervailing duty investigation ever initiated in China.
- Defending a poultry producer in an antidumping and countervailing duty investigation in China.
- Advising a prominent US brand on overcoming technical market barriers in China.
- Helping a major US retailer evaluate market access restrictions in China, including possible claims under the General Agreement on Trade in Services.
- Advising foreign receivers of a $250 million real estate development project in China regarding litigation in both China and the Caribbean, and related administrative and arbitration proceedings.
- Representing foreign parties in CIETAC arbitrations involving tens of millions of dollars in trade disputes.
- Advising the Government of China in dispute settlement proceedings against the United States concerning the imposition of antidumping and countervailing duty orders on four Chinese products;
- Representing the Government of China in its first appearance as a respondent in WTO dispute settlement proceedings.
- Counseling an aircraft manufacturer on China’s WTO obligations as they affected the industry sector.
- Representing a foreign party in the sale of Chinese breweries to a Chinese state-owned company.
- Listing a public offering of securities on the NYSE for a US company with contract manufacturing facilities in Shenzhen, China.
- Performing due diligence on proposed joint venture partners.
- Leading the purchase of a Sino-Australian agribusiness JV in the Shanghai region by a US company.
- Managing global supply chains and negotiating US-China supply contracts with Chinese suppliers, purchasing agents, and contract manufacturers.
- Restructuring equity JVs in China from direct US parent company ownership to indirect offshore holding company ownership.
- Establishing international procurement offices in China via sourcing subsidiaries and representative offices.
- Forming manufacturing wholly foreign owned enterprises (WFOEs) and JVs in China.
- Overseeing China IP enforcement and licensing for prominent global brands and technology companies.
Contacts
For more information or assistance, please contact any of the attorneys listed below.
Eric Emerson, Beijing
Tel: +86 10 5834 1000
Susan Munro
smunro@steptoe.com
Patrick Norton, Washington, DC
Tel: +1 202 429 8034
pnorton@steptoe.com
Select News & Events
Publications
- September 16, 2009, Apparel Industry Alert
