ENG

  • Jerry FANG

    Equity Partner / Shanghai

  • Tel +86-21-6061-3666

    Email jfang@zhonglun.com

  • Practices

    Compliance & Investigation, Litigation & Arbitration, Antitrust & Competition

CV

Jerry FANG

Mr. Jianwei (Jerry) Fang is a partner of Zhong Lun Law Firm and he splits his time in Shanghai and Beijing offices. Mr. Fang practiced law with leading international law firms, including Cleary Gottlieb Steen & Hamilton LLP in New York and Beijing offices and Davis Polk & Wardwell LLP in Hong Kong office. Prior to study at Columbia Law School, Mr. Fang was a judge at a Chinese trial court where he handled hundreds of civil and commercial cases. Mr. Fang also worked as a legal intern in the Legal Office of the United Nations in New York.

Mr. Fang counsels the clients on a wide range of maters from complex corporate and financing transactions, as well as litigation and enforcement cases. As a former Chinese judge, he also specializes in dispute resolution, investigation as well as regulatory compliance. In the commercial litigation area, he represents domestic and international clients in complex litigation cases involving commercial contracts, international trade, intellectual property, construction, employment, competition and trade secrecy matter. Mr. Fang also counsel clients in arbitration matters, including enforcement of foreign arbitration awards with Chinese courts. He also acts as Chinese law expert in litigation and arbitration proceedings outside China, especially with the litigation and investigations in the United States.

In the areas of regulatory, compliance and white-collar matters, Mr. Fang represents numerous clients in internal investigation and regulatory investigation by Chinese government authorities, including police, prosecution office, market regulation, customs, tax, environmental, food and drug safety, work safety, etc.

By leveraging his substantive experience working at international law firms, Mr. Fang works regularly as local PRC counsels to international counsels on cross-border litigation and enforcement cases, including cross-border securities class actions, patent and trade secrecy litigation, as well as various criminal or regulatory investigations by U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) and other foreign authorities.

Earlier in his career, Mr. Fang was also a corporate lawyer where he worked on complex merger & acquisition and financing deals for private equity powerhouses, investment banking firms, and Fortune 500 companies. He continues to counsel his clients on corporate and transaction matters involving PRC legal issues.

Representative Matters

Commercial and Complex Litigation

  • Successfully defended Airbnb China in several litigations brought by users (hosts/guests) in Beijing Internet Court

  • Successfully defended Komatsu China in a lawsuit brought by a professional service provider regarding contingent payment

  • Successfully represented Lane Crawford in various litigations in Shanghai and Chengdu courts involving (i) trademark infringement (ii) leasing dispute (iii) sales disputes (iv) employment dispute and (v) consumer claim

  • Represented Intel China in patent infringement case in Chinese court, as well as the related patent invalidation proceeding (ongoing)

  • Represented Shell in antitrust litigation brought by former distributor alleging abuse of dominant positions (ongoing)

  • Represented a car driving school in an antitrust litigation brought by a competitor (ongoing) 

  • Represented one consumer product retailer to recover earnings of trust investment (ongoing)

  • Represented ContextLogic/Wish in lawsuits brought by online merchants in Chinese court

  • Represented Arrow Electronics, Borouge, Groudtruth, CNOOC, Doka Framework, GE, Hankle, SABIC, Somfy, Umicore and other multinational corporations in various litigations in different courts in China and arbitration cases with CIETAC and other arbitration centers


Cross-board Litigation & Investigation (as PRC counsel to international law firms)

  • Advised Motorola Solutions in related civil proceedings in the U.S., Australia and Germany relating to discovery and document production issues in China, including cybersecurity and state secrecy review

  • Advised a well-known Chinese consumer products retailer with PRC legal analysis on the influence of penalty by U.S. Securities and Exchange Commission (SEC)

  • Represented an executive of a Fortune 500 company in a potential cross-board criminal investigation

  • Represented a Fortune 500 company in an internal investigation relating to potential FCPA violations brought by U.S. DOJ and SEC

  • Represented a sovereign fund in a cross-board investment dispute following government investigation

  • Represented a well-known U.S. timber import and export company in conducting internal compliance investigations arising out of its imported timber products from China in violation of California environmental protection laws

  • Provided legal advice from perspective of customs compliance, advertising law, and data & cyber security for one Japanese technology company in a cross-border product donation

  • Represented a Chinese airline in a U.S. criminal proceeding, including Chinese state secrecy review

  • Represented a Chinese state-owned manufacturing company in several U.S. patent proceedings

  • Represented a Chinese company and its subsidiary in a criminal trade secrecy case in the U.S.

  • Represented Arrow Electronics in related civil proceedings in Canada, Hong Kong and U.S.

  • Represented multiple international clients in banking frauds and assist clients in asset tracing

  • Represented various Chinese companies in U.S. arbitration, litigation, administrative and criminal investigation, in the capacity of Chinese law counsel to support lead U.S. counsels in these cases

  • Retained as the PRC legal expert on various Chinese law issues in legal proceedings in the U.S., Canada, Australia and Hong Kong


Antitrust Litigation and Investigation

  • Acted as lead and coordinating partner to successfully defend Motorola Solutions in complex, multi-jurisdiction, and high-profile anti-trust litigations in Chinese courts, as well as related patent invalidation proceedings and patent infringement cases

  • Represented Shell Oil in various antitrust litigations relating to abuse of dominant market position and vertical monopoly agreement in various court in China

  • Represented a leading e-commerce platform in lawsuit against a leading competitor due to monopolistic practices of “coercive choosing one from two"

  • Represented various clients in administrative investigation involving abuse of dominant market position brought by Chinese regulators

  • Represented a leading Chinese telecommunication service provider on general antitrust advice


Regulatory Compliance and Government Investigation

  • Represented Fortune 500 companies and major investment banking firms in various regulatory investigations by the U.S. SEC and DOJ involving FCPA issues relating to China operations

  • Advised a well-known Chinese consumer products retailer with legal and compliance analysis on the impact of the administrative penalty by the State Administration for Market Regulation (SAMR)

  • Advised a well-known Chinese consumer products retailer with compliance analysis on the potential breach of agreement with local government, and represented the client to communicate with local government

  • Represented multiple clients in various industries as the FCPA/Compliance counsels in M&A transactions, including:

    Ⅰ. Goldman Sachs in investment in (i) a real estate development company in India and Southeast Asia (ii) an energy company in China

          Ⅱ. TPG in minority investment in a Chinese micro-finance company

          Ⅲ. AstraZeneca in a joint venture of medical research company in China.

          Ⅳ. Fortune 500 company in the proposed acquisition of a security company in China

  • Represented Ferguson in legal and compliance due diligence of various acquisitions in China

  • Represented Arrow Electronics, Lane Crawford, Softbank Robotics, Motorola Solutions, and others in Cybersecurity and data transfer related issues

  • Represented a multinational energy corporation to handle an advertisement law violation investigation by Baoding Administration for Market Regulation, with the investigation being withdrawn without any penalty to the client

  • Advised one U.S. start-up company focusing on verification and authentication of luxury products to handle an Advertisement Law investigation by Shanghai Administration for Market Regulation, resulting in exemption from administrative punishment because its advertisement is legal and compliant

  • Represented a European luxury consumer goods manufacturer to deal with the Customs investigations in Shanghai and Shenzhen, in order to cooperate with investigation of smuggling cases and protect its business operation from being adversely impacted

  • Represented a Chinese subsidiary of a European luxury company in an administrative investigation into commercial bribery, illegal advertising and tax violation by market supervision bureau

  • Represented a Chinese subsidiary of a well-known media group in administrative and criminal investigations against its Chinese operation, ending with the withdrawn of criminal investigation and substantial reduction of administrative fine amount

  • Represented a medical device company in an administrative investigation by the China Food and Drug Administration

  • Represented a petro-chemical company in an administrative investigation by the Shanghai Safety Production Authority

  • Represented a Chinese subsidiary of a chemical company in compliance advice relating to environment and safety production issues achieved substantial reduction of administrative fine amount

  • Represented a U.S.-based commodity trading company in an investigation initiated by Suzhou Customs

  • Represented a material company in a product liability and potential product recall matter, including self-disclosure of the issue to Chinese authority

  • Represented a reputed chemical industry multinational enterprise in combating trademark infringement and anti-unfair competition administrative rights protection cases

  • Represented a Chinese subsidiary of manufacturing company in an administrative investigation by environmental protection authority in Qingpu District, Shanghai

  • Represented one Japanese semiconductor manufacturer to cope with environment protection investigation by both police and environmental protection bureau

  • Assisted one Japanese pharmaceutical company to cope with external investigation by one local ecology and environment bureau in Jiangsu Province, China with an effort to reduce adverse effects on business operation

  • Represented Purolite in environmental investigation by local EPB in Zhejiang province

  • Represented one technology company in Shenzhen to cope with environment protection investigation, and post Covid19 investigation on resumption of work and production.


Anti-Corruption & Internal Compliance Program

  • Represented one well-known rubber producer to cope with police investigation due to its former senior executive suspected of commercial bribery, amounting to USD 3.2 million 

  • Assisted one reputable U.S. mining company in investigating and terminating one senior employee due to self-dealing and other non-compliance acts

  • Represented Johnson & Johnson Medical Devices Co., Ltd. in conducting FCPA-related internal compliance investigations

  • Advised one U.S. electronics company in conducting investigation on one employee in PRC due to violation of discipline

  • Advised the University of Nottingham - Ningbo on building a comprehensive compliance system, such as compiling bilingual compliance self-inspection manual, compiling bilingual manuals of relevant PRC laws and regulations applicable to Client's foreign faculty members and students, conducting training on Personal Information Protection Act;

  • Provided on-site support for the headquarter in China of one Russian petrol company in setting up internal system of compliance & anti-bribery

  • Advised Softbank Robotics on setting up internal system of anti-bribery, including supplementing terms and conditions of anti-corruption & anti-bribery in Employee Manual.

Honors and Awards

For Individual

Legal 500 - Recommended Dispute Resolution Lawyer.

Chambers & Partners - Ranked Practitioner in Corporate Investigation/Anti-Corruption.

Publications

China Chapter of International Investigation Review (The Sixth Edition).

LexisNexis - Dispute Resolution Law Guide 2016 (China Chapter)

Various articles and commentaries on Chinese law with leading legal media including China Law & Practice, FCPA blog and etc.

China Law and Practice

Annual Review of Personal Information Protection in China Jan. 5, 2021

A Brief Introduction to the PRC Export Control Law Nov. 6, 2020

Tiktok Given Little Room to Maneuver as Broad Fears of Chinese Surveillance Prevail Aug. 16, 2020

Draft Data Security Law Highlights and Commentary Jul. 23, 2020

Protecting Personal Information in M&A Transactions Jul. 3, 2020

Strengthening the Protection of Personal Information in China National Standard Overhaul Jun. 11, 2020

Tougher Measures on Collecting and Use of Personal Information via Mobile Apps in China Mar. 20, 2020

New Amendments to the PRC Anti-unfair Competition Law Enlarge the Definition of Commercial Bribery Mar. 26, 2018

New Personal Data Protection Rules Strike A Criminal Tone Aug. 3, 2017

Regulatory Challenges in China’s Investigation Sweep Feb. 13, 2017

FCPA BLOG

China arms corruption fighters with a sharp sword Oct. 19, 2017

Local Chinese regulator develops anti-bribery management system based on ISO 37001 July 31, 2017

China authorities investigating bribery in vaccine scandal May 26, 2016

China enforcement review 2015 Dec. 28, 2015

Jerry Fang’s scoreboard: Tigers falling fast in anti-graft campaign Oct. 19, 2015

Jerry Fang on the breakthrough: United States no longer a safe haven for China graft fugitives Oct. 1, 2015

China: Another SOE steelmaker investigated for graft Sept. 4, 2015

China punished 7,826 bribe payers in 2014, and other facts you need to know Aug. 10, 2015

Senior Alibaba exec in custody for graft July 17, 2015

Thomson Reuters

Before, during and after: Cracking down on corruption in three countries Nov. 20, 2015

Related

  • Bar Admissions/Professional Qualifications

    New York State Bar Admission
    PRC Bar Admission

  • Education

    LL.M and J.D., Columbia Law School
    LL.B., East China University of Politics & Law

  • Professional Experience

    Partner Zhong Lun Law Firm
    Partner Global Law Office
    Associate Davis Polk & Wardwell LLP, Hong Kong
    Associate Cleary Gottlieb Steen & Hamilton LLP, New York and Beijing
    Associate Fried Frank Harris Shriver & Jacobson LLP, New York
    Judge People's Court of Zhejiang

  • Languages

    Chinese
    English