China

Overview

Sheppard Mullin has a full-service office in Shanghai, and we are well positioned to serve our clients' interests in this part of the world. Our offices handle international matters involving not only China but also Hong Kong, India, Japan, Korea, Mongolia, the Philippines, Singapore, Taiwan, Thailand, Vietnam and other markets in the region.

The lawyers and legal consultants in our China offices have legal expertise in the corporate and securities, finance, commercial, trade, intellectual property and disputes fields. The offices are fully integrated into the Firm’s established practice groups, thus allowing for seamless service across borders and time zones.

Foreign Direct Investment

We represent a host of international clients on their inbound and outbound transactions, with a focus on optimal deal structure and avoiding regulatory and other local challenges. Our lawyers and legal consultants are experienced in advising U.S. and multinational companies entering China as well as other markets in the region. We handle joint venture, strategic alliance, distribution, licensing, real estate, employment, and merger and acquisition matters in the region.

Emerging Companies and Venture Capital

Sheppard Mullin represents emerging and high-growth companies, and our China offices are a key part of that practice. Our practitioners advise on the formation of new companies in various industries, and we have worked with a range of clients including entrepreneurs, veteran managers, venture capitalists, strategic investors, and U.S. and international companies. In addition, we represent fund companies and other financial entities establishing China-focused investment vehicles.

International and CIETAC Dispute Resolution

Our offices have deep experience in international arbitration and other dispute resolution mechanisms. Our team represents companies and state entities in disputes before the International Chamber of Commerce, the International Centre for Dispute Resolution, CIETAC, and other institutions. We have particular expertise advising clients on how to structure dispute resolution procedures and clauses in cross-border transactions, and on enforcing arbitral awards. We also have expertise in coordinating and managing litigation on behalf of clients in the courts of China through outside local counsel.

Intellectual Property

Our China offices have expertise in the laws governing patents, trademarks, copyrights, trade secrets, false advertising, and other matters involving intellectual property and the optimal structuring of transactions and negotiations involving such assets. The offices are focused on the enforcement of intellectual property rights through the administrative, civil, and criminal systems. Our lawyers and legal consultants have expertise in the proactive internet protection of intellectual property, the identification and location of infringement and infringers, and the enforcement of our clients’ rights through take-downs and litigation. We have been involved in countless transactions in which the protection of technology or other intellectual property was a core issue. We have relationships with local intellectual property firms and thus, can facilitate filings in China.

Insolvency and Financial Restructuring

Distressed assets and business restructuring are a critical component of our practice. We have the resources to respond to the time-sensitivity of financial crises and provide whatever assistance is required. We regularly draw on resources from across the Firm to solve the multi-disciplinary problems posed by complex insolvencies and business restructuring endeavors. Our clients include secured lenders, debtors, bank groups, creditors’ committees, equity holders, and others. We are especially strong in complex cross-border restructuring and insolvency matters.

Antitrust

The Firm has a premier Antitrust and Competition practice, and our Shanghai lawyers and legal consultants are intimately familiar with China’s Anti-Monopoly Law. We advise companies on the unique competitive issues involved in conducting business across borders, and we regularly counsel clients on issues such as price fixing, market allocation, dealer price cutting, price discrimination, tying, and the unique challenges posed by regulated industries.

Global Trade

Our offices assist clients with their international trade issues such as import/export restrictions, trade barriers, and customs duties. Our lawyers and legal consultants are experienced with the requirements, procedures, and sanctions of the various authorities responsible for regulating international trade, particularly the State Administrative of Foreign Exchange (“SAFE”). We have experience with both existing and evolving platforms for international trade regulations and dispute resolution, including the use of arbitration under bilateral investment treatises and other international agreements.