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Covington’s distinctively collaborative culture allows us to act as one team globally.
We help clients navigate issues at the intersection of law and policy around the world.
Covington’s offices in Beijing and Shanghai are fully-integrated components of the firm’s global capabilities. For our global clients entering or operating in China, the offices provide a breadth of corporate, investigatory, government affairs and regulatory capabilities and experience unmatched by our peer firms. For our Chinese companies and investors, the offices manage the broader firm’s legal and strategic advisory services for all stages of the globalization process—outbound investment transactions, navigating commercial and regulatory challenges to overseas operations, and resolving commercial, intellectual property and other foreign disputes.
Our Beijing and Shanghai teams are built on a strong foundation of Chinese nationals trained both in the United States and China as well as lawyers and advisors from the United States with deep China experience. The managing partner of our Beijing office, Tim Stratford, is a member of the first generation of U.S. lawyers that came to China in the early 1980s and the most senior former U.S. trade official in the business community in China. The vast majority of our professionals in China are native speakers or fluent in Mandarin, and many of them speak Cantonese, Shanghainese, and other Chinese dialects.
Our capabilities in China include:
- Antitrust and Competition
- Anti-corruption and FCPA
- Corporate
- Communications and Media
- Employment
- Government Affairs
- IT and Licensing Transactions
- Intellectual Property Disputes
- International Arbitration
- International Trade and WTO
- Life Sciences Regulatory and Transactions
- Privacy and Data Security
- Public Policy
- Trade Controls
- U.S.-bound Investment and CFIUS Reviews
We advise global clients from a range of industries, with a particular focus on energy and natural resources, infrastructure, life sciences, telecommunications, and IT, media and Technology.
Outbound Investment
Advising Lenovo in securing approval from the Committee on Foreign Investment in the United States on its U.S. $2.3 billion acquisition of IBM's server business.
China-Based Gaming Company Corporate Venture Investments
Advised Tencent Holdings Limited in connection with its investment activities relating to public and private companies.
China life sciences transactional
Representing a leading U.S. pharmaceutical company to set up a joint venture in China with a Chinese biotech company to research, develop and commercialize a late-stage clinical product for the Asia market.
China life sciences transactional
Advising a leading multinational pharmaceutical company on the acquisition of diabetes drug assets in China and the transfer of related employees from a multinational drug company.
China licensing and collaboration
Advising a leading multinational pharmaceutical company on its agreement with a Nasdaq-listed drug manufacturer to develop and market its linaclotide capsule in China.
China licensing and joint venture
Advising a U.S. biotech company on its sino-foreign joint venture with a Chinese life sciences company to focus on RNAi-based drug discovery, and related license agreement.
IP Obligations under WTO/TRIPS
Retained by a WTO member to assess the consistency of certain Chinese requirements affecting the licensing of intellectual property rights with its obligations under WTO/TRIPS.
Joy Global Acquisition of Mining Equipment Manufacturer
Represented Joy Global in its $1.5 billion acquisition of International Mining Machinery Holdings Ltd.
John Lone on Opportunities in China
Advised actor John Lone (of "M. Butterfly," "Rush Hour 2" and the Academy-award winning "The Last Emperor") in exploring China opportunities.
Keanu Reeves and Stephan Hamel's Production Company on Project in China
Advised Keanu Reeves and Stephan Hamel’s production company, Company Films, on China projects.
Sale of CIT Group’s Commercial Aircraft Leasing Business
Represented CIT Group before CFIUS in the sale of its commercial aircraft leasing business to Avolon Holdings, a firm owned by the Chinese conglomerate HNA Group.
Antidumping and Countervailing Duty Proceeding for Freight Railroad Company
We represented a freight railroad company in an antidumping and countervailing duty proceeding at the International Trade Commission covering certain intermodal containers from China. We assisted the company in successfully opposing the imposition of antidumping and countervailing duties on the Chinese containers.
$1.75 billion divestiture of IBM’s personal computers division
Represented IBM in the $1.75 billion sale of its personal computers division to Lenovo.
$15 billion acquisition of Nexen by CNOOC
Represented Nexen in its $15 billion acquisition by China National Offshore Oil Corporation Ltd.
$220 Million Acquisition of Align Aerospace
Represented Align Aerospace in its acquisition by a subsidiary of Aviation Industry Corporation of China (AVIC), the Chinese state-owned aerospace and defense company, in a transaction worth $220 million.
$2.1 billion acquisition of IBM server business by Lenovo
Represented Lenovo in various matters, including acquisition of x86 server business from IBM for $2.1 billion.
$3 billion CNOOC investment in Chesapeake Energy
Represented China National Offshore Oil Corporation Ltd. (CNOOC) in separate investments in the Eagle Ford and Niobrara shale properties held by Chesapeake Energy.
Acquisition of Enstrom Helicopter
Represented Enstrom Helicopter in its acquisition by Chongqing Helicopter Investment Co., Ltd., a company owned by the Municipality of Chongqing, China.
BCD Semiconductor Manufacturer Acquisition
Represented BCD Semiconductor Manufacturing Limited in its $151 million acquisition by Diodes, Inc.
China Based Gaming Company in Popular Messenger App Investment
Advised Tencent Holdings Ltd. on its $50 million investment in Ontario-based KIKInteractive, Inc., a messenger application with more than 200 million registered users.
China Investment Corporation’s investment in AES Corp.
Represented China Investment Corporation in its $1.6 billion investment in AES Corp.
China market access
Advised several leading U.S. companies in responding to existing and proposed Chinese trade barriers, including in the areas of intellectual property, technology standards, and competition law, and helped our clients succeed in raising the profile of these issues in U.S. bilateral negotiations with China.
Forest City Ratner Companies’ joint venture with Shanghai Greenland Group
Represented Forest City Ratner Companies in a joint venture with Shanghai Greenland Group to develop the Atlantic Yards site in Brooklyn, NY.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
Asia data privacy
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
Baidu, Inc. in Media Venture
Representation of Baidu, Inc., China’s leading search engine, with respect to a media venture.
Celestial Pictures on Intellectual Property Issues
Copyright and IP advice to Celestial Pictures, the owner of the Shaw Brothers library, the largest Chinese-language film collection in the world.
Celestial Pictures on PRC Regulatory Issues
Advised Celestial Pictures on certain PRC regulatory issues in connection with the formation of Celestial Tiger Entertainment, the joint venture Celestial formed with Lionsgate and the Saban Capital Group in late 2011.
Chemical/manufacturing joint venture
Advising one of the world’s largest specialty chemicals companies regarding its manufacturing joint venture activities in China.
China Filmed Entertainment in Production, Financing, and Distribution Arrangements
China Filmed Entertainment in production, financing, and distribution arrangements for films including The Painted Veil, Forbidden Kingdom, and Crazy Stone; and Season 15 of CBS/Mark Burnett’s Survivor (shot entirely in China).
China media and entertainment
Advising major Hollywood studios on film projects in China.
China media and entertainment
Providing legal advice to a subsidiary of Legendary Pictures as China production counsel for “Great Wall,” to be directed by Zhang Yimou and possibly the largest budget picture ever to be produced in China.
China Regulatory and Compliance
Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.
China Regulatory and Compliance
Conducting a compliance risk assessment of the China operations of a global auto parts company, including overseeing forensic transaction review, and interviews of more than 60 employees at facilities in mainland China and Taiwan.
Cyrte Investments on Investment in Co-production with Chinese Studio
Advised private equity firm Cyrte Investments on a major investment in a co-production with a Chinese studio.
Entertainment and Media Start-Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
Global regulatory and legislative support
A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).
Health privacy to pharma companies in China
Advised a multinational biopharmaceutical company operating in China on privacy and property ownership issues related to the collection and sharing of biological samples in clinical trials.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
“Rare Earths” WTO dispute
Advised a sovereign state and other stakeholders regarding a WTO dispute with respect to China’s restrictions on the export of commodities and “rare earth” minerals.
Sale of Wolfcamp Shale leasehold to Sinochem
Represented Pioneer Natural Resources in the sale of leasehold interests in Wolfcamp Shale to Sinochem.
Sanofi/Verily Life Sciences Transaction
Representation of Sanofi in connection with obtaining clearances from the European Commission and in China, Korea, Switzerland, Taiwan, Turkey and Ukraine for its collaboration with Google Life Sciences, Inc., now Verily, relating to diabetes management products and services.
Qualcomm/CSR Transaction
Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.
China Oceanwide’s Acquisition of International Data Group, Inc.
Represented China Oceanwide before CFIUS in its acquisition of International Data Group, Inc.
Wanxiang America acquisition of A123 Systems and related matters
Represented Wanxiang America in separate transactions involving the acquisition of certain assets of A123 Systems, Inc., a lithium ion battery company, and the sale of the Energy Solutions Business of A123 Systems to NEC Corp.
WTO consistency framework for U.S. Chamber of Commerce
Prepared for the U.S. Chamber of Commerce a framework for analyzing WTO consistency of China’s approval process for inbound foreign direct investment.
ROCKWOOL Group Trademark Infringement Litigation
Representation of Danish company ROCKWOOL Group in trademark infringement litigation in China involving its claim to the “ROCKWOOL” trademark and trade name.
Market entry
Assisting a major U.S. tech company with an entrance into China, including providing a comprehensive analysis of privacy and data protection issues in connection with that entry.
Outside Counsel to Independent Producer of Chinese Reality Television Shows
Chief outside counsel to a leading independent producer of Chinese reality television shows, including "Pepsi’s Battle of the Bands" and the "Miss Universe China Reignwood Pageant."
Production Counsel for Keanu Reeves’s Directorial Debut, "Man of Tai Chi"
Production counsel for Keanu Reeves’s directorial debut, "Man of Tai Chi," a co-production involving Village Roadshow Entertainment Group Asia and China Film Group, which was picked up for release by Universal.
Production Counsel for “The Karate Kid,” “Let the Bullets Fly,” and “The Orphan of Zhao”
Production counsel for “The Karate Kid” (Columbia Pictures, starring Jaden Smith and Jackie Chan), box office hit “Let the Bullets Fly” (actor-director Jiang Wen), and leading Chinese filmmaker Chen Kaige’s “The Orphan of Zhao.”
Satellite Provider in Seeking Broader Access to Markets in China, Mexico and Elsewhere
Representation of a satellite provider in seeking broader access to markets in China, Mexico and elsewhere, which allowed us to combine our trade and communications expertise.
Season 15 of CBS/Mark Burnett’s “Survivor”
China counsel for Season 15 of CBS/Mark Burnett’s “Survivor” (which was shot entirely in China).
State-Owned Chinese Media Group
Advised a state-owned Chinese media group with respect to an international co-production project to be produced by a leading Hollywood producer.
Sale of Takata asssets to Ningbo Joyson Key Safety Systems
Represented Takata before CFIUS in the acquisition of its assets out of bankruptcy by Ningbo Joyson Key Safety Systems in a transaction valued at $1.6 billion.
Kion Group’s acquisition of Dematic
Represented Kion Group (including a 40% investment by Weichai Power) before CFIUS in its acquisition of Dematic.
$2.7 Billion Sale of NXP Semiconductors’ Standard Products Business
Represented NXP Semiconductors before CFIUS in the $2.7 billion sale of its Standard Products Business to Beijing Jianguang Asset Management Co and Wise Road capital.
High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry
Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.
Two Major Hollywood Studios on Various Feature Films in China
Advise two of the major Hollywood studios on a number of different feature films in China. Film projects for the majors include both studio films intended for wide international release, as well as local Chinese-language productions. Work for the majors also include advice regarding cooperation agreements, development, copyright and IP infringement, and relationships with talent.
USA Pavilion at the 2010 Shanghai World Expo
Advice regarding sponsorship and financing negotiations for the proposed USA Pavilion at the 2010 Shanghai World Expo.
Village Roadshow Limited (VRL) on Theme Park on Hainan Island
Advised Village Roadshow Limited (VRL) on its destination theme park on Hainan Island, China. The theme park will focus on marine animal attractions, with a similar format to VRL’s Sea World on Australia's Gold Coast, and will also include a Wet ‘n Wild style water park.
Village Roadshow Entertainment Group Asia on Multiple Matters
Wide ranging advice to Village Roadshow Entertainment Group Asia, which has co-produced leading Chinese box office hits such as Stephen Chow’s “Journey to the West.”
Huawei Privacy Class Action
Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
Genworth Financial's proposed acquisition by China Oceanwide
We represented Genworth Financial in securing the CFIUS approval of its pending $2.7 billion acquisition by China Oceanwide, the largest Chinese investment approved by the Trump Administration.
Midea's $5 billion public offer takeover of KUKA Systems
Represented Midea Group on CFIUS and related U.S. national security approvals in its $5 billion public offer takeover of Kuka Systems.
Successful Representation Related to Top Chinese TV Show
Representation of an international media company in Hong Kong-seated HKIAC arbitration proceedings in a dispute relating to The Voice, one of the most watched television shows in China.
China Investment Corporations Acquisition of Interest in AES Corporation
Represent China Investment Corporation (CIC) in securing the necessary FERC and New York PSC approvals for its purchase of a 15 percent interest in AES Corporation.
Digital Music Service Start Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
HAECO's Acquisition of TIMCO Aviation
Represented Hong Kong Aircraft and Engineering Co. (HAECO) during its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.
Global Privacy Assessment and Audit for Leading Consumer Technology Company
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the U.S., the EU, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Strategic Counseling
- Counseling major film studios and networks with respect to contractual and IP issues associated with character placement in feature films, exclusive distribution windows, most favored nations clauses, and other negotiated distribution rights.
- Advising major Hollywood studios and leading independents on their film and television activities in China, including feature film and television development, financing, production, and distribution, market entry and entity formation, and regulatory and licensing issues.
China and the West
April 7, 2021, Global Policy Watch
In coordinated action on 22 March 2021, the EU, US, Canada and the UK imposed sanctions on four Chinese officials accused of complicity in human rights violations in Xinjiang. The Chinese responded by imposing sanctions on a group of MEPs, European academics and think-tanks on 23 March and followed these announcements by imposing retaliatory sanctions...… ...
April 6, 2021, Global Policy Watch
On March 13, 2021, China’s National People’s Congress (NPC) approved the outline of the country’s 14th Five-Year Plan, covering the period 2021-2025. The plan’s economic and social development targets provide critical signposts that companies—both foreign and domestic—would be wise to heed when determining their own plans for the coming months and years in the ...
March 18, 2021, Global Policy Watch
Public Policy The recently concluded legislative session of China’s National People’s Congress (NPC) sheds light on the policies and programs that will affect international businesses with operations and investments in China over the coming year and beyond. This year’s meeting, which concluded on March 11, was particularly significant because the NPC reviewed ...
February 17, 2021, Covington Alert
The United States, Canada, and the United Kingdom have each taken significant actions in recent weeks in response to reports of oppression of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR) of China. As discussed in previous client alerts, the U.S. government has repeatedly stated that the Chinese government is engaged in ...
February 4, 2021
By: Aaron Gu On December 30, 2020, the State Administration for Market Regulation (“SAMR”) issued a three-year action plan for improving the quality and safety of dairy products in China (the “Plan”), reflecting China’s commitment to continue strengthening the regulatory and legal standards for dairy products, The Plan sets forth eight quantitative goals for the ...
February 3, 2021, Global Policy Watch
During the Cameron-Clegg Coalition government between 2010 and 2015, the Chancellor of the Exchequer, George Osborne, led determined efforts to create a UK-China ‘Golden Era’ of diplomatic and economic relations. This culminated in the full State Visit of the Chinese Premier to the UK in 2015. Vote Leave viewed a closer trading relationship with China...… ...
January 25, 2021
By: Muyun Hu On December 25, 2020, the Institute of Food Science and Technology (“IFST”) issued China’s first plant-based meat standard T/CIFST 001-2020 (the “Standard”). The Standard will take effect on June 25, 2021. The Standard is a group standard issued by a government sponsored industry association and adopted by its members.[1] Group standards can ...
China Issues Rules to Counteract “Unjustified” Extraterritorial Application of Foreign Measures
January 12, 2021, Covington Alert
On January 9, 2021, China’s Ministry of Commerce released the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures, which took effect immediately. Specifically, the Rules are designed to “counteract” the extraterritorial application of “foreign [i.e., non-Chinese] legislation” or “measures” when such ...
December 21, 2020, Covington Alert
On December 18, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released a Final Rule (“the Rule”), effective immediately, adding 77 entities to the BIS Entity List. The majority of these entities are in China, and include, among others, the Semiconductor Manufacturing International Corporation (“SMIC”) and the drone company SZ DJI ...
December 9, 2020, Covington Alert
On October 17, 2020, the Standing Committee of National People's Congress (“NPCSC”), China’s top legislative body, adopted a Biosecurity Law (“Law”), which will go into effect on April 15, 2021. The Law reflects a growing area of regulation of drugs and medical devices in China that is separate from the regulations to ensure safety, effectiveness, and quality ...
December 7, 2020, Global Policy Watch
As the incoming Biden Administration prepares to assume office and fulfill campaign promises to support significant spending in the zero emission vehicle industry—including in the construction of hundreds of thousands of electric vehicle chargers, and in the development of stringent new fuel economy and greenhouse gas emission standards for cars and trucks—it is ...
November 19, 2020, Global Policy Watch
On Thursday, November 12, 2020, President Trump signed an Executive Order (the “Order”) that, beginning on January 11, 2021, will prohibit U.S. persons from transacting in the publicly traded securities of 31 companies that the Department of Defense has identified as “Communist Chinese military companies.” The requirement for the Department of Defense to create ...
November 16, 2020, Global Policy Watch
Before the new administration takes office, we may well see further US actions on China during the transition that will be hard to reverse. The Trump Administration has invested great effort to reorient US China policy and may try to lock in its approach that sees the Chinese Communist Party as a grave threat. Actions...… Continue Reading
October 27, 2020, Covington Alert
On October 21, 2020, China’s National People’s Congress (“NPC”) published revised draft amendments (“Draft Amendments”) to China’s Criminal Law. The legislature will be soliciting public comment until November 19, 2020, and will then review and enact the amendments. Based on previous amendments, we do not expect the final version as enacted to differ ...
October 23, 2020, Covington Alert
On October 21, 2020, the National People's Congress (“NPC”), China’s top legislative body, released its first draft of the Personal Information Protection Law (the “Draft Law”) for public comment (official Chinese version available here and Covington’s unofficial English translation here). The period for public comment ends on November 19, 2020 and comments can ...
October 21, 2020, Covington Alert
Recently, the Standing Committee of the National People’s Congress of China approved an amendment to the Patent Law. The amended Patent Law is slated to take effect on June 1, 2021. Most notable among the 29 amended provisions are changes to rules for patent litigation. Below are some highlights that we believe may particularly interest international companies ...
October 19, 2020, Covington Alert
On October 17, 2020, China enacted an Export Control Law (“the Law”) that builds upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and rules and measures issued by various departments, with the goal of creating a unified export control system to promote China’s national security and interests ...
September 23, 2020, Global Policy Watch
As tensions continue to rise between China and the United States, the Chinese government has taken a step forward in actualizing the “Unreliable Entity List,” first announced by China’s Ministry of Commerce on May 31, 2019, following the addition of Huawei and affiliates to the U.S. Commerce Department’s “Entity List.” Now, as the U.S. government...… Continue ...
September 21, 2020, Covington Alert
On September 19, 2020, China’s Ministry of Commerce ("MOFCOM") issued regulations that provide new details on the government’s plans for an “Unreliable Entity List” first proposed in May 2019.
September 17, 2020, Covington Alert
On September 14, 2020, U.S. Customs and Border Protection (CBP) announced five Withhold Release Orders (WROs) against products from certain factories and companies doing business primarily in the Xinjiang Uyghur Autonomous Region (XUAR) of China based on allegations of forced labor. CBP and other U.S. government departments and agencies have repeatedly stated ...
August 20, 2020, Covington Alert
The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding its review of certain transactions involving foreign investment during 2019. The current Annual Report was released just two and a half months after the previous Annual Report, covering 2018, demonstrating the Committee has ...
July 14, 2020, Covington Alert
On July 3, 2020, the Standing Committee of the National People’s Congress (“NPC”) of China published a second draft amendment (the “Draft”) on the Patent Law of the People’s Republic of China (“Patent Law”). Most notably among the Draft’s proposed 29 revisions to the Patent Law, the Draft includes high-level provisions that would establish a framework for early ...
July 9, 2020, Covington Alert
China has published a near-final draft of a new Export Control Law that, if enacted as drafted, would build upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and implementation rules, with the goal of creating a unified export control system to promote China’s commitment to nonproliferation ...
July 8, 2020, Covington Alert
In recent years and with increased vigor in recent months, stakeholders and governments, including the United States, have focused on labor-related and other human rights issues concerning the treatment of Uyghur and other minority Muslim groups in the Xinjiang region of China. In this post, we provide an overview of some of these developments and considerations ...
June 22, 2020, Covington Alert
On June 10, 2020, the PRC Supreme People’s Court (“SPC”) issued its proposed Interpretation on Certain Issues in Applications of Law in Adjudicating Civil Trade Secret Cases (Draft for Public Comments) (hereinafter the “Draft” or “Draft Judicial Interpretation”) . The Draft includes significant developments in China’s trade secret law following the Economic and ...
June 9, 2020, Covington Alert
It has been publicly reported that discussions are underway within the Trump Administration for a coordinated interagency initiative to remove key industrial supply chain dependencies from overseas, especially China, and redouble efforts to secure such supply chains in the United States. While this initiative proceeds alongside ongoing efforts to secure supply ...
May 29, 2020, Covington Alert
On May 27, Secretary of State Michael Pompeo certified to Congress pursuant to the Hong Kong Human Rights and Democracy Act of 2019 that "Hong Kong does not continue to warrant treatment under United States laws in the same manner as U.S. laws were applied to Hong Kong before July 1997." In a statement, Secretary Pompeo attributed this action to the announced ...
May 21, 2020, Covington Alert
In an effort to curtail access by China’s Huawei Technologies Co., Ltd. to products made using U.S. semiconductor software and technology, the Commerce Department’s Bureau of Industry and Security (“BIS”) on May 15, 2020, released an Interim Final Rule expanding and extending U.S. export controls jurisdiction to certain non-U.S. items when destined for Huawei or ...
May 2020, Covington Alert
On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...
April 29, 2020, Covington Alert
On March 30, 2020, the State Administration of Market Regulation of China, the parent agency of the National Medical Products Administration (NMPA), released a revised Drug Registration Regulation (Revised DRR).
April 29, 2020, Covington Alert
On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...
April 27, 2020, Covington Alert
Companies should ask themselves five key questions about their compliance programs to ensure they are ready to face any crises—including the coronavirus pandemic—and be ready for current and future business disruptions.
April 6, 2020, Covington Alert
This alert provides an update on the regulatory measures regarding medical-use and industrial-use personal protective equipment (PPE) from China to combat COVID-19, including a brief summary of measures the U.S. Food and Drug Administration (U.S. FDA) is taking to facilitate import of PPE from China into the United States. The regulatory guidance from both ...
March 9, 2020, Covington Alert
As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...
March 4, 2020, Covington Alert
The following alert is a summary of the district court’s acquittal of UK citizen Lawrence Hoskins, a former senior vice president at the French power and transportation company Alstom S.A. (“Alstom”), on FCPA bribery and conspiracy charges. Alstom pleaded guilty in 2014 to two counts of violating the FCPA in connection with a worldwide bribery scheme that ...
February 26, 2020, Global Policy Watch
Tim Stratford delivered this testimony before the the U.S. House Committee on Ways and Means February 26, 2020: Chairman Neal, Ranking Member Brady, and distinguished members of this committee, thank you for the opportunity to share my assessment of the U.S.-China economic relationship following conclusion of the Phase One trade agreement between our two ...
January 17, 2020, Global Policy Watch
On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the...… Continue Reading
January 17, 2020, Covington Alert
On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the first formal accord ...
December 13, 2019, Covington Alert
On December 13, 2019, the United States and China formally announced a limited initial agreement to relieve trade tensions between the two countries that have been ongoing for the past 20 months. Under what the countries call a “Phase One” trade agreement, the United States will lower the rate on some already-imposed additional tariffs on Chinese imports and ...
December 6, 2019, Covington Alert
The General Office of the CPC Central Committee and the General Office of the State Council of China jointly published Opinions on Strengthening Intellectual Property Protection (“Opinion”) on November 24, 2019, with the purpose of effectively deterring the occurrence of IP infringement by 2020. The Opinion provides specific and concrete guidelines to strengthen ...
October 31, 2019, Covington Alert
On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations.
October 21, 2019, Covington Alert
On October 18, 2019, the U.S. Administration announced the launch of a new product-specific exclusion request process for tariffs on approximately $112 billion in Chinese imports that were imposed on September 1, 2019. The exclusion process will close on January 31, 2020, and its requirements are similar to those applicable to the latest exclusion process for an ...
October 11, 2019, Covington Alert
On September 27, 2019, the Securities and Exchange Commission (“SEC”) announced a $4.1 million settlement with Westport Fuel Systems, Inc. (“Westport”) and its former chief executive officer, Nancy Gougarty. Based in Vancouver, Canada, Westport is a clean fuel technology company that has shares listed on the NASDAQ. The SEC’s cease-and-desist order finds that ...
October 10, 2019, Covington Alert
On October 9, the U.S. Department of Commerce issued a Final Rule adding 20 Chinese government entities and eight Chinese private sector entities (“Listed Entities”) to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”).
September 9, 2019, Covington Alert
On August 26, 2019, China’s Standing Committee of National People's Congress (“NPC) adopted a significant revision of the Drug Administration Law (“DAL”). The newly adopted DAL (“Revised DAL”) will go into effect on December 1, 2019. The Revised DAL is the first overhaul of the DAL since 2001.
September 5, 2019, The FCPA Blog
August 30, 2019, Covington Alert
On August 27 and 29, 2019, the U.S. Administration released notices concerning increases in certain tariffs on Chinese imports, marking the latest escalation in bilateral trade frictions.
August 28, 2019, Covington Alert
On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."
July 17, 2019, Covington Alert
On July 5, 2019, China’s Standing Committee of the National People's Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment. The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime.
June 21, 2019, Covington Alert
Earlier this week, the Office of the U.S. Trade Representative (USTR) announced a process through which companies can request that their products be excluded from duties imposed on $200 billion in Chinese imports under Section 301 of the Tariff Act of 1974 (Section 301). Tariffs on these imports have been in effect since September 2018, and recently increased ...
June 18, 2019, Covington Alert
On June 10, 2019, the State Council (China’s chief executive agency) promulgated the long-awaited Regulation on the Administration of Human Genetic Resources (the “Regulation”), which will become effective on July 1, 2019. The Regulation supersedes the currently effective regulations and guidance on human genetic resources (“HGR”).
May 14, 2019, Covington Alert
On May 13, days after increasing tariffs on $200 billion in Chinese imports, the U.S. Administration proposed imposing an additional 25 percent tariff on a new list of $300 billion in Chinese imports. The Administration cited China’s “failure to meaningfully address” problematic intellectual property (IP) practices and its retaliatory responses to U.S. tariffs ...
May 8, 2019, Covington Alert
On May 8, the U.S. Administration confirmed its intent to increase tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, effective Friday, May 10, 2019, and establish a process for requesting exclusions from these tariffs. As justification for these actions, the Administration cites the “lack of progress in discussions with China” and ...
May 2019, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken in internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
April 25, 2019, Covington Alert
On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly ...
April 8, 2019, Covington Alert
On March 15, 2019, China’s National People’s Congress voted to adopt a new Foreign Investment Law (the “FIL”). The FIL will come into effect on January 1, 2020 and may significantly change China’s framework for regulating foreign investment. Foreign invested entities (“FIEs”) established prior to the FIL’s effective date will have five years to amend their ...
March 11, 2019, Covington Alert
This alert summarizes the major antitrust/competition developments in 2018 and offers a view on what to expect in 2019 in the U.S., EU and China.
March 4, 2019, Covington Alert
On December 29, 2018, the State Council (China’s chief executive agency) opened a new pathway for drugs to come into China through a special zone in southern China. It suspended certain central regulations in the Bo Ao Lecheng International Medical Tourism Pilot Zone in Hainan Province (“Pilot Zone”) and permitted local authorities to make marketing decisions ...
February 19, 2019, Covington Alert
Late last week, President Trump signed an appropriations bill to keep the government funded. In its Joint Explanatory Statement accompanying this legislation, Congress directed the Trump Administration to establish an exclusion request process for tariffs on $200 billion in Chinese imports by March 17, 2019, in line with the process provided for prior rounds of ...
February 11, 2019, Covington Alert
On February 1, 2019, China’s National Information Security Standardization Technical Committee (“TC260”) released a set of amendments to GB/T 35273-2017 Information Technology – Personal Information Security Specification (“the Standard”) for public comment. The comment period ends on March 3.
February 2019, Covington Alert
This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
January 2, 2019, Covington Alert
The past year was a particularly significant one for the development of Chinese privacy law. During 2018, the Chinese government systematically established the country’s regulatory requirements for cybersecurity and data privacy and continued to implement the Cybersecurity Law, which took effect on June 1, 2017.
December 3, 2018, Covington Alert
On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations.
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
November 14, 2018, Covington Alert
China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.
November 8, 2018, Covington Alert
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”
September 18, 2018, Covington Alert
On September 17, 2018, the Office of the U.S. Trade Representative (USTR) released its final list of approximately $200 billion in Chinese imports subject to an additional ad valorem tariff. The final list, which covers 5,745 product categories, will take effect on September 24, 2018.
August 8, 2018
The Trump Administration has released its final list of approximately $16 billion in Chinese imports that will be subject to an additional 25 percent ad valorem tariff, which will go into effect on August 23, 2018. The Administration has announced that it will provide an opportunity to request that "particular products" subject to the additional duties be ...
July 30, 2018, Covington Alert
On May 24, 2018, China filled the top positions at the State Bureau of Film (Film Bureau) and State Administration of Press and Publication (SAPP). Both appointments fill vacancies created by the dismantling of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and continue apparent Communist Party of China (CPC) efforts to ...
July 11, 2018, Covington Alert
Last night, the Office of the U.S. Trade Representative (“USTR”) released a new proposed list of $200 billion worth of products from China that could face an additional 10 percent ad valorem tariff. The list covers 6,031 product categories, including a multitude of consumer goods such as luggage, tires, furniture, apparel, mattresses, household goods, components ...
July 10, 2018, Covington Alert
As anticipated, an additional 25 percentage point ad valorem tariff on $34 billion worth of Chinese imports into the United States (covering 818 product categories in sectors including aerospace, information communication technology, machinery, and medical instruments) went into effect on July 6, 2018.
GC Cheat Sheet: The Hottest Corporate News Of The Week
July 6, 2018, Law360
Lee Tiedrich's comments from the U.S.-China AI Tech Summit are highlighted in this Law360 article providing a roundup of the top corporate news stories from the past week. According to Tiedrich, there’s a recognition that the new technology brings new legal challenges.
July 5, 2018, Covington Alert
On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply ...
July 4, 2018, The Wall Street Journal
Timothy Stratford is quoted by The Wall Street Journal in an article regarding China's anticipated response to new tariffs on $34 billion of Chinese products starting on July 6. A Chinese head start "would not be moving hearts and minds on both sides toward the positive direction of de-escalation," says Stratford.
‘A victory for Chinese steel and US law’: why a lawyer thinks Chinese companies can put faith in the American legal system
July 3, 2018, South China Morning Post
Ruixue Ran is quoted in a South China Morning Post article regarding how the result of the recent U.S. steel investigation should encourage Chinese companies to use the American legal system to settle disputes. According to Ran, the case was the first of its kind against Chinese steel products and the first time Chinese companies had won a trade secrets case ...
July 2, 2018, The Recorder
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit and is quoted by The Recorder in an article examining the pros and cons of introducing AI into the judicial process. According to Tiedrich, AI in the justice system also implicates questions of transparency and intellectual property. In cases where it’s alleged that AI perpetuates hiring discrimination ...
July 2, 2018, Law360
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide ...
June 27, 2018, Covington Alert
We write to report on two important developments regarding the Foreign Investment Risk Review Modernization Act (FIRRMA), a bi-partisan effort to reform the Committee on Foreign Investment in the United States (CFIUS), and the broader policy debate within the U.S. government on regulatory mechanisms to address foreign investment, particularly from China. On June ...
Discussing China's presence in Africa
June 27, 2018, CNBC
Witney Schneidman appeared on CNBC to discuss China's presence in Africa.
China-U.S. Trade Tensions Rage On
June 20, 2018, CGTN
Timothy Stratford appeared on CGTN's "The Point" to discuss the current state of China-U.S. trade tensions following the announced threat of a new round of $200 billion tariffs on Chinese goods. “The things that the U.S. hopes China will do are things that China doesn’t believe are in their own interest to do, so I think we have a stalemate," says Stratford.
June 15, 2018, Covington Alert
As anticipated, the Trump Administration today released its final list of Chinese imports subject to an additional 25 percent ad valorem tariff. The imposition of the tariffs follows the Administration’s determination in March that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. companies, and the submission of public ...
U.S. Slaps 25% Tariffs on $50 Billion of Chinese Goods
June 15, 2018, Bloomberg Daybreak: Americas
John Veroneau appeared on "Bloomberg Daybreak: Americas" to discuss the U.S. announcement of a target list of Chinese goods as part of tariffs on $50 billion of Chinese imports.
June 13, 2018
WASHINGTON—On June 9, 2018, Genworth Financial, Inc. ("Genworth") announced that the Committee on Foreign Investment in the United States ("CFIUS") had cleared its $2.7 billion acquisition by China Oceanwide. Covington represented Genworth in securing CFIUS approval, which is the largest China-related transaction approved in the Trump Administration. Reuters ...
May 24, 2018
Tim Stratford, a former Assistant U.S. Trade Representative and current managing partner of Covington's Beijing office, says we stand at a "crossroads in U.S.-China relations and the future of the international trading system." Learn more about the new U.S. approach with China, its potential impacts, and what role the private sector can play. Q: Why have trade ...
The Heat: China and the West in Africa
May 9, 2018, CGTN
Witney Schneidman appeared on CGTN’s The Heat to discuss “China and the West in Africa.”
May 8, 2018, Covington Alert
It has been publicly reported that the Trump Administration is considering invoking the International Emergency Economic Powers Act (IEEPA) to further regulate—and in certain areas potentially preclude—Chinese direct investment in the United States, beyond the authorities exercised by the Committee on Foreign Investment in the United States (CFIUS). The prospect ...
May 4, 2018, Covington Alert
The Trump Administration’s senior economic and trade officials held talks with their Chinese counterparts in Beijing, May 3-4. The talks concluded with no agreement, and each side tabled expansive demands that appear well beyond what the other side would be able to accept.
April 26, 2018, Covington Alert
On April 23, 2018, Dun & Bradstreet Corporation (“D&B”), a professional services company providing credit reporting information and other commercial data to businesses, agreed to pay more than $9 million in connection with a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the books and ...
April 20, 2018, Covington Alert
On April 15, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) lifted its suspension of a denial order against two companies, Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (“ZTE Corporation”) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (“ZTE Kangxun,” and together with ZTE Corporation, ...
April 9, 2018, CGTN
Ruixue Ran appeared on CGTN to discuss a recent victory on behalf of China's steel sector following a decision by the ITC to terminate a Section 337 investigation into Chinese steel products. According to Ran, who represented Chinese steel companies including Baosteel in the case, "While defending the trade secret misappropriation claim, we spent massive energy ...
April 4, 2018, Covington Alert
On April 3, the Trump Administration proposed a list of approximately 1,300 products originating from China that would bear an additional 25 percent ad valorem import tariff and requested public comments on the list, following the Administration’s determination last month that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. ...
China’s internet lenders fall foul of data privacy rules
April 1, 2018, Financial Times
Yan Luo is quoted in a Financial Times article regarding survey findings that suggest that more than half of Chinese internet finance lenders are failing to comply with data privacy regulations. According to Luo, “Investors should certainly expect more government scrutiny on their business model from a data protection perspective."
China: Government Reorganization and Trade War Suggest More Anti-Corruption Enforcement in China
March 29, 2018, Covington Alert
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
March 27, 2018, Covington Alert
China has reorganized many of the ministries and commissions under its chief executive body, the State Council, creating a new super-ministry to replace the China Food and Drug Administration (“CFDA”) and other healthcare agencies.
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
March 22, 2018, Covington Alert
Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year.
China hits back at up to $60 billion in U.S. tariffs with only with $3 billion of its own
March 22, 2018, CNBC
Timothy Stratford is quoted in a CNBC article regarding China's response to U.S. tariffs on Chinese imports. "They want to show that they have taken note of U.S. actions and are going to be strongly resisting, but they don't want to be seen as escalating things further," says Stratford. "The Chinese recognize that everyone has a lot to learn if the U.S. and ...
March 22, 2018, CNBC
Timothy Stratford appeared on CNBC to discuss China's response to U.S. tariffs. "Well I think the Chinese have consistently been quite measured. I think they recognize that everyone has a lot to learn if the U.S. and China move into a trade war."
China to Target Trump's Base in Tariff Response
March 21, 2018, The Wall Street Journal
Timothy Stratford is quoted by The Wall Street Journal in an article regarding plans by China to impose tariffs in response to President Trump's punitive measures. According to Stratford, the current trade environment could prompt U.S. companies to reconsider the long-term importance of the Chinese market. “Gradually we may feel compelled to diversify until ...
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
March 15, 2018, Covington Alert
Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices.
It's omnibus week
March 12, 2018, Politico
Timothy Hester is quoted in a Politico article regarding Christopher Adams' recent arrival as a Senior Advisor in Covington's Public Policy and Government Affairs and International Trade practices. “Chris’ addition further strengthens the firm’s China practice and deepens our expertise and capability to help clients in one of the world’s largest and most ...
March 12, 2018
WASHINGTON—Christopher Adams has joined Covington as a Senior Advisor in the Public Policy and Government Affairs and International Trade practices in Washington. Mr. Adams will focus on China policy and trade issues. Mr. Adams most recently served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across ...
Dialogue with Yang Rui
March 7, 2018, CGTN
Timothy Stratford appeared in CGTN's "Dialogue with Yang Rui" to discuss President Trump's announced tariffs on steel and aluminum imports. According to Stratford, "Usually what happens when you impose these sorts of measures is you're trying to protect one particular industry but often the overall costs to the economy are great."
March 7, 2018
WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...
March 5, 2018
BEIJING—China Business Law Journal has recognized Covington as one of the top international law firms in the Entertainment & Sports category. Covington’s Entertainment and Media practice in China has advised nearly every major Hollywood studio and many of the leading independents on their China activities and has been involved in some of the most significant ...
March 1, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding President Trump's decision to impose new tariffs on imports of steel and aluminum. “This will either close the door on being able to self-define ‘national security’ or open the door on being able to block imports simply by waving the ‘national security’ flag," says Veroneau.
US eyes global tariff of ‘at least’ 24% on steel imports
February 16, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding U.S. Commerce Secretary Wilbur Ross' recommendation to impose a global tariff on imports of steel and aluminum. According to Veroneau, the “failure to categorically exclude Canada” and other allies “shows that this is not really about national security." He adds, “Section 232 is simply being used as ...
Talk with the Tiger
February 10, 2018, Talk with the Tiger
Timothy Stratford appeared on "Talk with the Tiger" to discuss U.S. policy towards China. According to Stratford, "Frankly I think that no matter who was going to be the new president of the United States, there were going to be some changes in the U.S. policy towards China."
February 1, 2018, Covington Alert
This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.
China’s toolbox to turn the retaliatory screws in trade tensions with the United States
January 24, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding China's retaliatory options that might be considered if a trade war breaks out with the U.S. According to Stratford, there are a number of things that foreign companies could be worried about in terms of retaliatory action from China. “Some foreign companies may have a more difficult ...
January 23, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding escalating trade tensions between the U.S. and China, and how the World Economic Forum in Davos might be a place for officials to discuss trade issues. "As far as we’ve been able to tell, there has been a strong debate going on at the most senior level in Washington on how to deal with ...
January 19, 2018, Law360
Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...
January 9, 2018, Covington Alert
2017 was another year of active enforcement globally—including in the U.S., despite the start of a new Presidential Administration touting an aggressive deregulatory agenda. Transactions in consolidated industries drew enforcement fire in both Europe and the United States (Dow/DuPont, ChemChina/Syngenta, Bayer/Monsanto, AT&T/TimeWarner). And, in March, the UK ...
5 Cybersecurity And Privacy Policies To Watch In 2018
January 1, 2018, Law360
Kristof Van Quathem and Yan Luo are quoted in a Law360 article regarding cybersecurity and privacy policies to watch in 2018. Commenting on the General Data Protection Regulation (GDPR), Van Quathem says that although one of the legislation's aims is to harmonize a splintered set of national data privacy laws within Europe, it may end up causing companies aiming ...
December 26, 2017
SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...
Asia Trade In The New Global Order
December 21, 2017, Thailand Business News
Timothy Stratford participated in Asia House's inaugural Hong Kong event and is quoted in a Thailand Business News article providing highlights. Speaking on the panel discussing "Asia and the New Global Era," Stratford, said he “could not preclude a [U.S.] trade war with China” adding that member economies should resolve their differences through the World Trade ...
Section 301 seen as wrong way to handle trade issue
December 14, 2017, China Daily
John Veroneau is quoted in a China Daily article regarding the recently launched investigation into China's policy and practice of intellectual property under Section 301 of the U.S. Trade Act of 1974. Commenting on the potential negative impact of the action, Veroneau says that it will depend on how the U.S. threatens unilateral actions, in a full-blown way or ...
Asia's 'new global order' eyes inclusive globalisation
November 28, 2017, Global Trade Review
Timothy Stratford is quoted in a Global Trade Review article regarding the increased focus on globalization in Asia. According to Stratford, “If you look at the past 10 years and take the top 25 economies of the world, 550 million people have seen their incomes either stagnate or decline. There’s a feeling that whatever’s happening right now isn’t working, so ...
November 24, 2017, Covington Alert
Earlier this month, China’s National Development and Reform Commission (“NDRC”) released the draft Administrative Measures for Enterprise Outbound Investment (“Draft ODI Rules”) for public comment. Comments are due on December 3, 2017.
November 13, 2017, Covington Alert
On November 7, 2017, the U.S. Department of Justice (“DOJ”) unsealed criminal charges against five individuals in connection with an alleged bribery scheme to assist Rolls-Royce plc (“Rolls-Royce” or the “Company”) in obtaining a US $145 million government contract to supply equipment and services for a gas pipeline from Kazakhstan to China.
Despite the sweet talk, gains of China trip unclear
November 10, 2017, The Washington Post
Timothy Stratford is quoted by The Washington Post in an article regarding the impact of President Trump's trip to China. According to Stratford, "We haven't yet had the bandwidth in the U.S. Administration or the time to have detailed conversations with the Chinese side on market access and other systemic issues." He adds, "Unless you've had time to discuss ...
Deals galore for US firms from Trump’s China trip, but are the real trade problems being glossed over?
November 9, 2017, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding the business deal between the U.S. and China following President Trump 's visit. According to Stratford, “No one should make the mistake of believing that the U.S. will now stop raising concerns about market access and other elements of the Chinese economic system that seriously impact ...
November 9, 2017, CGTN
Timothy Stratford appeared on CGTN's "The Point" to discuss the bilateral trade and investment deals recently signed by Chinese President Xi Jinping and President Donald Trump. According to Stratford, "It shows that the two governments are working very hard to try to demonstrate that the bilateral relationship is really beneficial to the people of both ...
November 6, 2017, Covington Alert
China has recently announced several initiatives to reform its regulation of drugs and medical devices that could have a significant impact on pharmaceutical and medical device companies doing business in China.
November 2, 2017, BioWorld MedTech
John Balzano is quoted in a BioWorld MedTech article regarding the decision by Chinese regulators to accept data from clinical trials conducted outside China for approvals of new drugs and medical devices. “In general, this statement is part of a long-term effort by the government and the China Food and Drug Administration that has been ongoing since 2015 to ...
October 25, 2017, CNBC
Mark Plotkin is quoted in a CNBC article regarding new legislation that would create tougher guidelines for foreign investment in the U.S. "Having been briefed on earlier versions of the proposal, I think that the current draft is substantially improved," says Plotkin. "It clearly reflects careful coordination and discussion among various stakeholders in the ...
October 13, 2017, Covington Alert
In a draft regulation released earlier this year, China proposed regulating the import, export, manufacture, sale, and use of “commercial encryption products,” building on a patchwork of regulations.1 These regulations have focused on restricting the import and use of encryption products produced by certain manufacturers, and many entities have expressed concern ...
October 3, 2017
BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...
September 26, 2017, The China Investor, Vol. 1, Issue 2
5 Takeaways From CFIUS' Latest Annual Report
September 22, 2017, Law360
Mark Plotkin is quoted in a Law360 article providing key takeaways from the Committee on Foreign Investment in the United States (CFIUS) annual report. According to Plotkin, “The increase in the number of investigations in 2015 I think foreshadows what has become a trend of increased tightening and scrutiny by CFIUS over the last few years that accelerated in ...
September 11, 2017, The FCPA Blog
September 8, 2017, Covington Alert
On August 18, 2017, the General Office of China’s State Council released to the public new guidance regarding the regulation of outbound investment. The guidance is set forth in a notice, dated August 4, 2017, forwarding “guiding opinions” (the “Opinions”) from the National Development and Reform Commission (“NDRC”), Ministry of Commerce (“MOFCOM”), People's ...
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
China Seeks Comments on Updated Draft of Cross-Border Data Transfer Security Assessment Standard
August 31, 2017, Covington Alert
On August 31, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released an updated draft of the Information Security Technology - Guidelines for Data Cross-Border ...
August 18, 2017, Covington Alert
On July 27, 2017, a Manhattan federal jury convicted Macau billionaire Ng Lap Seng of bribing Caribbean diplomats to the United Nations (“UN”) to secure the organization’s support for a multi-billion dollar convention center that Ng hoped to build in Macau. After a five-week trial, the jury took just seven hours to return a guilty verdict on all six charges: ...
Covington Wins Two American Lawyer Global Legal Awards
August 11, 2017
WASHINGTON—The American Lawyer honored Covington with two Global Legal Awards, recognizing the firm’s success in “navigating complex international legal issues.” The firm was recognized for “Global M&A Deal of the Year: Japan” and “Global Dispute of the Year: Investigations (Asia).” Covington advised Tencent Holdings Limited, a leading provider of internet ...
July 21, 2017, Covington Alert
On June 16, 2017, China’s Ministry of Commerce (MOFCOM) released for public comment a draft of the Export Control Law (“the Draft Law”). While China has a number of regulations relating to export controls and has signed numerous nonproliferation agreements, the Draft Law would be China’s first law specifically addressing export controls and would implement an ...
July 12, 2017, Covington Alert
On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017.
July 11, 2017, Medtech Insight
Medtech Insight references an Inside Medical Devices blog post in an article regarding the impact of China's draft circulars on medical device manufacturers. According to Covington's post, the four proposals represent important reforms to the existing drug and medical device regulatory regimes, and are intended to reduce obstacles that have delayed the launch of ...
June 7, 2017, Covington Alert
Pursuant to the State Council’s directive to build harmonious labor relationships and to strengthen the system for resolving labor disputes, the Ministry of Human Resources and Social Security (MOHRSS) recently revised two sets of arbitration rules. The revisions address new issues and provide clarification of existing regulations. The key objectives are to ...
New cyber law in China stirs alarm
June 1, 2017, The Hill
Yan Luo is quoted by The Hill in an article regarding some of the uncertainties surrounding China's new Cybersecurity Law. Under the new law, cross-border data transfers for operators of "critical information infrastructure" are subject to security reviews and restrictions. According to Luo, "We don’t really have a definition of critical information ...
Stratford: U.S. Should Look at 'Belt & Road' Plan
May 31, 2017, Bloomberg Markets: Asia
Timothy Stratford appeared on Bloomberg Markets: Asia to discuss China's "Belt & Road" initiative focused on infrastructure development and U.S. trade relationships. According to Stratford, "I think the basic idea of a 'Belt & Road' is a very positive idea. I think that we have parts of the globe that are really not well integrated into the global trading system ...
Inside the U.S.-China '100-Day Plan' on Trade
May 31, 2017, Bloomberg Markets: Asia
Timothy Stratford appeared on Bloomberg Markets: Asia to discuss the U.S.-China trade relationship and what the "100-Day Plan" on trade means for both countries. Although Stratford believes people are encouraged by the Mar-a-Lago summit, he says that it is "important to recognize… that there is very likely going to be a significant call on the United States for ...
May 9, 2017, Covington Alert
On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment. After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, ...
May 3, 2017, Covington Alert
On May 2, 2017, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here). The issuance of the Measures marks a critical first step toward implementing China’s ...
April 27, 2017, Covington Alert
On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section 201 ...
April 12, 2017, Covington Alert
On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).
April 8, 2017, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding plans between China and the U.S. to tackle trade disputes over a three month period. According to Stratford, concrete results such as greater China access for U.S. companies could be short-lived and reversed if relations soured. One option for attaining something of far-reaching ...
April 7, 2017, CGTN
Timothy Stratford participated in a roundtable hosted by CGTN’s “The Point” discussing President Trump’s meeting with Chinese President Xi Jinping.
April 7, 2017, Covington Alert
On March 17, 2017, the China Food and Drug Administration (“CFDA”) released a notice to seek public comments on four proposed adjustments to China’s drug registration requirements (“Proposed Adjustments”) that will remove some barriers to applications for clinical trials and drug registrations of imported drugs (drugs that are manufactured outside of China). The ...
What does the future hold for Belt & Road?
March 23, 2017, Global Times
Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” and is quoted in a Global Times article providing highlights from the event, “Follow the Money 2017.” Commenting on President Trump’s Trade Agenda for 2017 and the need for freer and fairer trade, Stratford says, “I think, ideally, you have to have both of them. And you can only have ...
March 13, 2017, CGTN
Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” on the future of China’s international economic role. Commenting on President Trump’s trade agenda which calls for freer and fairer trade, Stratford says, “I think ideally you have to have both of them. And you can only have a sustainable relationship if you have both of them.” He adds, ...
A look at China’s sweeping new cyber-security law
March 7, 2017, Compliance Week
Compliance Week references a Covington client alert on China’s draft regulation on cybersecurity review of network products and services. According to the alert, “As the draft measures come into force in the coming months, such companies will need to carefully assess the implications of the draft measures, including whether to voluntarily seek security reviews ...
March 2, 2017, Covington Alert
The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and ...
February 23, 2017, China Daily
China Daily highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, "while the legislative landscape in the new Congress is still being defined, there is ...
February 21, 2017, The Wall Street Journal
The Wall Street Journal highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, there is "a greater chance now than at any time in the last decade of ...
China to slash drug distribution groups in price drive
February 19, 2017, Financial Times
Eric Carlson is quoted in a Financial Times article regarding an initiative by the Chinese Government to reduce marked-up prices and corruption in multi-tier distribution chains of pharmaceuticals, known as the “two invoice reform.” According to Carlson, the crackdown on small distributors would accelerate sector consolidation, “centralising distribution in a ...
February 7, 2017, Covington Alert
On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.
January/February 2017, EuroBiz
January 15, 2017, South China Morning Post
South China Morning Post references a Law360 article by John Veroneau uncovering Section 338 of the Trade Act of 1930 which gives the president the ability to impose tariffs of up to 50 per cent and then, if escalation was required, block imports completely.
January 15, 2017, South China Morning Post
South China Morning Post highlights the re-discovery of Section 338 of the Trade Act of 1930 by John Veroneau in an article regarding Donald Trump’s ability to affect trade with China.
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
December 21, 2016
SHANGHAI—China Business Law Journal has named Covington partner Weishi Li to its “A-List” of the top 100 private practice lawyers in China. Ms. Li is one of two life sciences lawyers recognized by the magazine. China Business Law Journal’s inaugural A-list is based on interviews of in-house counsel in China and around the world, as well as partners at Chinese ...
International Trade MVP: Covington's Shara Aranoff
December 9, 2016, Law360
Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...
December 5, 2016, Covington Alert
Acting on the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”), President Barack Obama issued an Executive Order on Friday, December 2, prohibiting the acquisition of the U.S. business of Aixtron SE (“Aixtron”) by a company ultimately owned by investors in China. This is the first time that a President formally has utilized ...
November 26, 2016, Asia Times
Marney Cheek is quoted in an Asia Times article regarding the use of a bilateral investment treaty (BIT) to defuse Sino-U.S. tension over acquisitions. According to Cheek, “Successful negotiation of a U.S.-China BIT has never been more important.” She continues, “An agreement would provide legal certainty for foreign investors from both countries at a very ...
Foreign Investment and U.S. National Security
November 22, 2016, CFR Backgrounders
David Fagan is quoted in a CFR Backgrounders article regarding foreign investments and U.S. national security. Commenting on the CFIUS review process, Fagan says, “It’s like a full physical, performed by a battery of doctors that run every conceivable test.”
November 18, 2016, The Litigation Daily
Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...
November 4, 2016, FDAnews
John Balzano participated in an FDAnews webinar and is quoted in an article regarding China FDA’s proposed expanded requirements for medical device recalls and higher fines for manufacturers that fail to issue recalls. According to Balzano, to be eligible for the accelerated pathway for breakthrough medical devices, the intellectual property for the device needs ...
RECAP – Chinese Investment In Africa: A Balanced View of Its Role and Impact on Africa’s Private Sector
November 2, 2016, IGD Blog
Witney Schneidman participated in a panel at the IGD Fall Frontier 100 Forum and is quoted in an article providing highlights of the discussion on Chinese investment in Africa. According to Schneidman, “We cannot afford to see African market as a zero-sum proposition.” He added that global investors must ensure that “Africa has the access to the best global ...
October 7, 2016, Covington Alert
On September 29, 2016, the U.S. Department of Justice (“DOJ”) issued letters of declination to NCH Corporation (“NCH”) and HMT LLC (“HMT”). Both companies are Texas-based “domestic concerns.” The letter to NCH, an industrial supply and maintenance company, relates to an investigation into possible violations of the anti-bribery provisions of the U.S. Foreign ...
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
Managing Data Privacy Challenges in Performing Due Diligence and Internal Investigations in China (Part Two of Two)
September 28, 2016, The FCPA Report
Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...
September 21, 2016
SHANGHAI—China Law & Practice has named Covington as “Regulatory & Compliance Firm of the Year” at its annual award ceremony. The leading Chinese legal publication also recognized Shanghai partner Eric Carlson as “Regulatory & Compliance Lawyer of the Year” and the firm for its role in the “Outbound Deal of the Year,” China National Tire & Rubber’s $7.8 billion ...
September 19, 2016, Covington Alert
On September 13, 2016, Jun Ping Zhang (“Zhang”), former head of Harris Corporation’s (“Harris”) subsidiary in China, agreed to pay $46,000 to settle allegations by the U.S. Securities and Exchange Commission (“SEC”) that Zhang knowingly authorized and facilitated bribes to Chinese government officials at state-owned hospitals and local health departments and ...
September 12, 2016, International Devices & Diagnostics Monitor
John Balzano participated in an FDAnews webinar and is quoted in an International Devices & Diagnostics Monitor article regarding China’s changing device regulations. According to Balzano, "Overall, they're going to want to make sure that they have a regulatory structure in place that facilitates the most innovative applications and the applications for devices ...
Powerful U.S. Panel Clears Chinese Takeover of Syngenta
August 23, 2016, The Wall Street Journal
Mark Plotkin is quoted in a Wall Street Journal article following CFIUS approval of ChemChina’s planned purchase of Syngenta. According to Plotkin, “Chinese investments in the United States often attract close scrutiny not only from CFIUS but also from the media, the Congress and industry competitors, all of whom have different agendas.”
Syngenta's Approval Shows Limits of Politics on China
August 22, 2016, Market Talk
Mark Plotkin is quoted by Market Talk commenting on the CFIUS process following approval of the ChemChina-Syngenta deal. According to Plotkin, “At both the staff and political levels, CFIUS has been careful to separate simple China-bashing and economic self-interest from true national security considerations.” He continues, “There are many designated fora for ...
July 18, 2016, Covington Alert
On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...
July 12, 2016, Covington Alert
On July 5, 2016, China’s National People’s Congress (“NPC”) released a new draft of the Cybersecurity Law for public comment (official Chinese version available here; unofficial translation from AmCham China available here). The revised draft contains a number of significant changes from the first draft, which was released in July 2015, but retains many of the ...
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
June 23, 2016, Covington Alert
China amended its Population and Family Planning Law in December 2015. It abolished the one-child policy and eliminated incentives for late marriage and late parenthood. Many provinces are announcing changes to local regulations to comply with the national amendment.
Covington Represents Tencent in $8.6 Billion Acquisition
June 21, 2016
SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion. Supercell is a ...
June 13, 2016, Covington Alert
On June 7, 2016, the Securities and Exchange Commission (“SEC”) announced a non-prosecution agreement (“NPA”) with Akamai, Inc., an internet cloud services company, in connection with an investigation of possible violations of the books and records and internal accounting controls provisions of the US Foreign Corrupt Practices Act (“FCPA”) based on payments by ...
June 13, 2016, Covington Alert
On June 7, 2016, the Securities and Exchange Commission (“SEC”) announced a non-prosecution agreement (“NPA”) with Nortek, Inc., a manufacturer of construction and remodeling products, in connection with an investigation into possible violations of the books and records and internal accounting controls provisions of the US Foreign Corrupt Practices Act (“FCPA”) ...
Trump’s tough talk on trade faces legislative hurdles
June 3, 2016, Financial Times
John Veroneau is quoted in a Financial Times article regarding Donald Trump’s plans to disrupt current trade agreements by imposing punitive tariffs on exports from China and Mexico. According to Veroneau, “There is no standing authority for a [US] president to raise tariffs.” He continues, “Tariffs are revenue measures and Congress has the power of the purse.”
May 12, 2016
WASHINGTON, DC — Covington advised China Molybdenum Co., Ltd (“CMOC”) on certain aspects of its agreement to acquire Freeport-McMoRan Inc.’s indirect 56% Interest in Tenke Fungurume for $2.65 billion in cash plus contingent consideration of up to $120 million. CMOC is primarily engaged in the mining, processing and marketing of mineral products. The acquisition ...
May 2, 2016, Covington Alert
China has just released its 13th Five Year Plan. This includes a mandate to encourage foreigners to work and reside in China by rolling out policies to relax entry, visa and residency requirements for qualified foreign talent. As part of this focus, the Ministry of Public Security has issued, effective March 1, 2016, a number of preferential immigration ...
April 25, 2016, International Devices & Diagnostics Monitor
John Balzano’s remarks from an FDAnews webinar are quoted extensively in this article on changes to Chinese device regulations. According to Balzano, it is important to consider a host of issues, such as whether the device will be manufactured in China. Understanding the finer points of the Chinese FDA guidances "can influence whether your application gets ...
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
China's FDI in US continues record pace: report
April 13, 2016, China Daily
David Fagan is quoted in a China Daily article regarding Chinese direct foreign investment in the United States. According to Fagan, the economies of China and the United States are truly intertwined. "In turn, the economic relationship that can be forged through investment is not just something that is economically beneficial. The relationships that can develop ...
April 2016, Covington Alert
Europe Right to Private Life v. Right to Monitor On January 12, 2016, the European Court of Human Rights published its judgment in another case concerning an employee’s use of company information systems, once again highlighting the challenge of balancing an employee’s right to a private life against the right of an employer to monitor employees at work. In ...
April 2016, Covington Alert
On April 7, 2016, Las Vegas Sands Corp. (“LVSC”) agreed to pay $9 million to settle allegations by the Securities and Exchange Commission (“SEC”) that LVSC, through its subsidiaries in China and Macao, violated the US Foreign Corrupt Practices Act (“FCPA”). The settlement resolves allegations that, from 2006 through at least 2011, LVSC and its subsidiaries ...
China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases
April 2016, Covington Alert
On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include ...
March 25, 2016, Covington Alert
On March 23, 2016, Novartis AG (“Novartis”) agreed to pay $25 million to settle civil charges with the Securities and Exchange Commission (“SEC”) alleging that it violated the Foreign Corrupt Practices Act (the “FCPA”) by paying bribes to healthcare professionals (“HCPs”) in China from 2009 to 2013 to increase sales. Employees and managers of its two ...
March 2016, Covington Alert
On March 1, 2016, the Securities and Exchange Commission announced an agreement with Qualcomm Incorporated to settle charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials to gain business advantages in the Chinese telecommunications market. The SEC also alleged that Qualcomm provided gifts, travels, and ...
February 29, 2016, Covington Alert
February 22, 2016, Covington Alert
February 21, 2016, Covington Alert
Chinese Deal-Making Draws Scrutiny in Washington
February 18, 2016, The Wall Street Journal
Mark Plotkin is quoted in this Wall Street Journal article discussing the scrutiny that Chinese acquisitions will receive from U.S. regulators. According to Plotkin, "Given the amount of state ownership of Chinese companies, together with the history of espionage between our countries and U.S. concerns about the potential appropriation and proliferation of ...
February 9, 2016, Covington Alert
The increasing role of Chinese private companies in going global: Reshaping the overall picture of China’s outbound drive
November 2015, The China Outbound Forum, Sanya, China
Ruixue Ran Named One of Top 15 Female Lawyers in China
October 22, 2015
BEIJING, October 22, 2015 - Asian Legal Business has selected Covington intellectual property partner Ruixue Ran as one of the fifteen “Top Female Lawyers” in China. Ms. Ran is based in the firm’s Beijing office and is one of only three lawyers selected from non-Chinese law firms. The annual award acknowledges the increasing influence of women in China’s ...
October 9, 2015, Covington Alert
Covington Advises Tencent on Investment in Kik
August 20, 2015
SAN FRANCISCO, August 20, 2015 — Covington advised Tencent Holdings Ltd. on its US$50 million investment in Ontario-based Kik Interactive, Inc., a messenger application with more than 200 million registered users. Tencent is a Chinese company that provides value-added Internet, mobile and telecom services and online advertising. Its messaging app WeChat has ...
August 2015, Bloomberg BNA World Data Protection Report
July 29, 2015, Covington Alert
July 2015, Bloomberg BNA World Data Protection Report
March 26, 2015, The Lawyer
March 28, 2013
WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...
2/13/2013
WASHINGTON, DC, February 13, 2013 — The Committee on Foreign Investment in the United States (CFIUS) on Tuesday approved CNOOC Ltd.’s bid to acquire the U.S. assets of Canadian energy company Nexen Inc. It was the final regulatory hurdle in the $15.1 billion acquisition, the largest overseas investment ever by a Chinese company. Covington & Burling represented ...
Covington Expands Global Reach with Beijing Office
7/23/2008
WASHINGTON, DC, July 23, 2008 — Covington & Burling LLP is pleased to announce that it has opened an office in Beijing. The office is the first in Asia for Covington, which also maintains offices in Brussels, London, New York, San Francisco, and Washington. “Covington has been advising its international clients on legal and business matters in Asia for ...

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