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. He 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 pursuing studies at Columbia Law School, Mr. Fang was a judge at a Chinese trial court where he handled hundreds of civil and commercial cases. He 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 matters ranging from complex corporate and financing transactions to 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 matters. Mr. Fang also counsels 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, notably 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 investigations and regulatory investigations by Chinese government authorities, including police, prosecution office, market regulation, customs, and authority of tax, environmental, food and drug safety, work safety, etc.

By leveraging his substantive experience working at international law firms, Mr. Fang serves regularly as PRC counsel to international attorneys in 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 also worked a corporate lawyer where he worked on complex merger and 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) before 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, respectively, trademark infringement, leasing dispute, sales disputes, employment dispute, and consumer claim

  • Represented Intel China in a patent infringement case before a Chinese court, as well as in the related patent invalidation proceedings (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 a consumer product retailer to recover earnings of trust investment (ongoing)

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

  • Represented Arrow Electronics, Borouge, Groudtruth, CNOOC, Doka Framework, GE, Hankle, SABIC, Somfy, Umicore, and other multinational corporations in various litigations before different courts in China and in 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 and cyber security to a 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 the U.S.

  • Represented multiple international clients in banking frauds and assisted the 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-jurisdictional, and high-profile anti-trust litigations before 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 before various court in China

  • Represented a leading e-commerce platform in a lawsuit against a leading competitor over monopolistic practices of forcing its merchants to "pick one from two" and not use the rival platform

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

  • Advised a leading Chinese telecommunication service provider on general antitrust matters


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 a real estate development company in India and Southeast Asia and 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. a 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 in response to an advertisement law violation investigation by Baoding Administration for Market Regulation, with the investigation being withdrawn without any penalty imposed

  • Advised one U.S. startup focusing on verification and authentication of luxury products in response to an Advertisement Law investigation by Shanghai Administration for Market Regulation, resulting in exemption from administrative punishment, with the client's advertisement being deemed legal and compliant

  • Represented a European luxury consumer goods manufacturer in dealing with the Customs investigations in Shanghai and Shenzhen, with a view to cooperating with these investigations of smuggling cases and protecting 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 withdrawal 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 petrol-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 a Japanese semiconductor manufacturer in response to environment protection investigation by both a police bureau and an environmental protection bureau

  • Assisted a Japanese pharmaceutical company in response to external investigation by a local ecology and environment bureau in Jiangsu province, China, with a view to reducing adverse effects on the client's business operation

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

  • Represented a technology company in Shenzhen in response to environment protection investigation and post Covid-19 investigation on resumption of work and production


Anti-Corruption & Internal Compliance Program

  • Represented a well-known rubber producer in response to police investigation on its former senior executive suspected of commercial bribery, amounting to USD 3.2 million 

  • Assisted a reputable U.S. mining company in investigating and terminating a senior employee due to self-dealing and other misconduts

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

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

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

  • Provided on-site support to the headquarters in China of a Russian petrol company for setting up internal compliance and anti-bribery system

  • Advised Softbank Robotics on setting up internal anti-bribery system, including supplementing terms and conditions of anti-corruption and anti-bribery in its employee manual

Honors and Awards

For Individual

Recommended Dispute Resolution Lawyer, Legal 500

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

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, 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
    PRC Bar

  • 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, Zhejiang High People's Court

  • Languages

    Chinese
    English