ENG

CV

Anderson ZHANG

Anderson is an expert in the field of employment law and human resource management.
He has extensive experience in practicing within the field of employment and industrial relations. He regularly provides legal counselling advice to all types of enterprises in terms of compliance management. He also assists clients in emergency and crisis response and advises multinational corporations on the proper application of workforce restructure and employee transfer plan in M&A transactions. He is proficient in providing counselling service in relation to dismissal, termination and variation of employment contract. During the participation in corporate restructure and liquidation proceedings, Anderson has provided clients with constructive legal advice in the field of employment law for many times.
Anderson also specializes in equity/option-related dispute resolution, and takes the principal responsibility for many types of cases, including disputes on employee stock option plan/equity incentive, equity transfer, equity/stock share repurchase, shareholding entrustment, shareholder qualification, etc. In particular, he has rich experience in equity/option incentive litigation. He is in charge of or participates in dealing with a number of disputes on equity incentive between companies to be listed and employees, the value of the subject matter of which is hundreds of millions of CNY.

Representative Matters

Litigation Practice in Equity/Option Incentives

  • Assisted a leading company which develops image sensor chip and display driver chip in China in analyzing the validity of options issued in history and solutions to disputes before going public and assisted the company in properly dealing with the appeals, reports and various complaints from many grantees before and after going public, and represented the company in three litigations related to equity incentives, involving a total amount of approximately CNY 180 million

  • Represented a cross-border e-commerce company in disputes over the exercise of equity incentives brought by a former senior manager, with the case value of approximately USD 30 million

  • Represented an intelligent sensor company in its request to repurchase its partner's shares of equity incentives at the price of USD 1, with the case value of approximately CNY 10 million

  • Represented a biomedical technology company in disputes over employment relationship and equity incentives of a senior manager, with the value of incentive shares of approximately CNY 15 million

  • Represented a hotel management group in responding to an option delivery lawsuit against a former senior manager, with the case value of over CNY 7 million

  • Represented an A-share listed company conducting new drug research and development in responding to lawsuits over the release of restricted stock against a former senior manager, with the case value of approximately CNY 3 million

  • Represented a new energy manufacturing company in responding to lawsuits over the compensation for breach of contract of equity incentive against a former senior manager, with the case value of CNY 12.5 million

  • Assisted an industry-leading online e-signing platform in responding to a tort action brought by a former senior manager based on impaired equity incentive interests, involving a total amount of approximately USD13 million

  • Assisted an industrial automation company in responding to lawsuits over the property damage of incentive shares (partnership dispute) brought by a former senior manager, involving a total amount of approximately CNY 8.8 million

  • Assisted an A-share listed food company in the mandatory repurchase of partnership shares held by former employees through an equity incentive shareholding platform

  • Assisted a tourism group in properly responding to the equity incentive claims of its senior manager

  • Represented a to-be-listed company in the smart logistics industry in an equity and labor dispute initiated by a senior manager of its subsidiary prior to its briefing. Formulated appropriate litigation strategy by analyzing the company's listing timeline, ensured that the equity and labor dispute initiated by the senior manager would not have a negative influence on the company's listing process and successfully conducted the repurchase of the incentive shares at its original price

  • Represented a foreign senior manager of a to-be-listed company in labor and option disputes arising from separation, which enabled the employee to receive more than CNY 7 million as compensation based on options through a series of lawsuits

  • Represented a senior technical officer of a listed company in labor and equity disputes arising from unilateral termination. Filed the lawsuits involving the equity dispute in stages according to the purposes of the lawsuits, which enabled the senior manager to receive a large amount of compensation

  • Represented a former senior manager of a listed health consulting and management company in litigations on the exercise of options and reimbursement of proceeds, with the case value of over CNY 55 million

  • Represented a senior manager of an intelligent vehicle company in handling disputes on labor and restricted stock caused by unilateral termination, with the case value of approximately CNY 75 million


Labor Arbitration and Litigation

  • Represented one of the world's largest retailers in a litigation against the director of a department seeking reinstatement of employment relationship

  • Represented an America-funded procurement company in the lawful termination of the employment contract of a procurement manager who concealed the purchasing data, and won all the subsequent labor arbitration and litigations

  • Represented a well-known electrical manufacturer in suing an employee for his appropriation of a huge amount of company property

  • Represented a well-known coffee company in responding to labor disputes initiated by several senior managers in Beijing and Shanghai

  • Represented a well-known America-funded chip company in responding to labor disputes initiated by employees in Shanghai, Beijing, Chongqing and other cities

  • Represented a charging equipment supplier in accusing a senior manager of committing the crime of infringement of trade secrets;

  • Represented one of the world's largest energy companies in responding to lawsuits on wrongful dismissal initiated by an employee who was dismissed as a result of an organizational restructuring

  • Represented a well-known hotel management group in responding to lawsuits on reinstatement of employment relationship initiated by the director of a department who was dismissed for violating FCPA and local policies

  • Represented a luxury goods company in labor dispute initiated by an employee who was dismissed as a result of the closure of store;

  • Represented a 3D printing equipment manufacturing company in suing a former employee for violation of non-compete obligation;

  • Represented a pharmaceutical Sino-foreign joint venture in lawsuits over wrongful dismissal after the revocation of the notice of termination

  • Represented a well-known cosmetics company in lawsuits over wrongful dismissal initiated by employees as a result of layoff

  • Represented a well-known food company in responding to lawsuits over the occupational disease

  • Represented an American signal transmission company in responding to lawsuits over work-related injury and the third-party tort

  • Represented a global auto parts supplier in a non-compete dispute with a former employee and its global competitor in the same industry

  • Represented an airline company in disputes with a resigned employee over the revocation of her resignation letter and the reinstatement of her employment relationship

  • Represented one of the biggest pharmaceutical companies in handling disputes over the commercial bribery conducted by its employees and subsequent dismissal of the employees

  • Represented one of the famous tire manufacturers in responding to a series of labor disputes initiated by its former employees

  • Represented a Singapore invested company in responding to disputes over a huge amount of overtime pay initiated by 40 employees

  • Represented a to-be-listed company in responding to disputes over the reinstatement of employment relationship and payment of option incentives

  • Represented a consulting agency in responding to a bonus dispute with the value of CNY 18 million initiated by an individual partner

  • Represented a private equity company in responding to lawsuits over bonus with the value of CNY 140 million initiated by an investment director

  • Represented a Germany-funded chemical company in dismissing its APAC CEO and responding to lawsuits in Shanghai and Hong Kong respectively


Employment Law Consulting Business

  • Served as the special consultant on employment law for a number of large foreign-funded companies

  • Assisted large central State-owned enterprises in regulating labor dispatching systems

  • Provided legal advice for a foreign-funded services group on the validity and legal applicability of employment contracts signed with domestic and foreign employees

  • Provided legal services concerning lawful layoffs for a number of well-known foreign-funded companies

  • Designed and assisted in the implementation of the recruitment management systems for a number of well-known financial institutions

  • Provided legal advice on the data protection of employees for large group companies

  • Assisted well-known luxury goods companies in restructuring their management structures in Chinese mainland and made a proper arrangement for the related senior managers

  • Assisted a leading company of electricity and automation in transnationally transferring its own employees and the employees of its contractors

  • Assisted one of the largest mining company in transferring Chinese employees due to the sale of the business

  • Represented a leading global fund company in conducting the mutual termination of employment relationship with the person in charge of one of its business units in China

  • Provided legal services for a world-leading engineering company on the violation of non-compete obligations and damage to the interests of the company by the person in charge of China

  • Provided employment law training for a well-known retail group and other companies

  • Provided compliance consulting services in the field of employment law for one of the largest household products manufacturers

  • Represented a leading international law firm in conducting the mutual termination of employment relationship with the chief representative and three lawyers of its Shanghai office

  • Provided consulting service on the establishment of a Special Purpose Company and the employment of a foreign management team for a shipping group, and represented the group in negotiation with the foreign management team on the terms of employment contract

  • Assisted the American shareholder in changing the legal representative and other senior managers of a WFOE due to the dereliction of duty of the Chinese management team

  • Reviewed the corporate policies regarding environment protection, health and safety for a world-renowned communication company

  • Worked closely with US attorneys and represented a domestic listed company in coping with the investigations conducted by the US Department of Labor and FBI with respect to its overseas subsidiary’s involvement in the unlawful entry, unlawful residence and unlawful employment during its employment in Saipan, as well as disputes over huge arrears of wages and humanitarian aid

  • Assisted a number of companies in handling with the strikes and represented the employers in collective bargaining

  • Respectively represented a domestic listed company and a France-funded company in conducting the compliance audit of the social insurance and housing fund and the subsequent rectification, involving a total of over 10,000 employees

  • Represented a number of multinational companies in handling the sexual harassment cases and terminating the employment contracts of the perpetrators

  • Assisted a number of multinational companies in investigating into employees’ violations of regulations and terminating the employment contracts of the violators

  • Assisted an America-funded direct selling company in organizational restructuring and subsequent terminations of employment contracts on a large scale

  • Assisted an overseas company in successfully regaining control of 14 subsidiaries in China and making proper arrangements for the management team in China

  • Assisted one of the major international airlines in a crisis arising out of the irregular death of several employees occurred simultaneously

  • Assisted a well-known commercial arbitration institution in reforming the system of personnel placement

  • Assisted a number of companies in arranging the operation and the payment of remuneration during the outbreak of pandemic

  • Assisted a company whose main business is marine transportation, petroleum exploration and exploitation in revising the whole set of employment contracts and corresponding attachments based on international conventions and industry-based collective agreements

Honors and Awards

For Individual

Recommended by Legal 500, 2019

Recommended by Chambers & Partners, 2022

Memberships & Affiliations

Member of the Labor and Social Security Practice Research Committee, the Shanghai Bar Association

Related

  • Bar Admissions/Professional Qualifications

    PRC Lawyer’s License

  • Education

    Master of Human Resource, Management, Renmin University, 2015
    Liaoning Technical University, L.L.B., 2001

  • Professional Experience

    Partner, Zhong Lun Law Firm, 2019 to present
    Senior Partner, Dentons, 2008-2018
    Lawyers Associate, Jade & Fountain PRC, 2005-2008
    Associate, Shanghai Asia-Pacific Great Wall Law Firm, 2003-2005
    HR manager, Sany Heavy Industry Co., Ltd, 2002-2003
    Associate, Shanghai Hongzheng Law Firm, 2001-2002

  • Languages

    Chinese
    English