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Jerry FANG
Equity Partner / Shanghai
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Tel +86-21-6061-3666
Email jfang@zhonglun.com
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Practices
Compliance & Investigation, Litigation & Arbitration, Antitrust & Competition
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
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Deals Related
Zhong Lun Advises on Structure Therapeutics' IPO on Nasdaq
Zhong Lun Law Firm acted as the PRC legal advisor to the issuer in this offering.
2023-02-06 -
Awards Related
40 Zhong Lun Lawyers from 14 Practice Areas Recognized in Chambers Global 2024
Zhong Lun Lawyers Garner 44 honors and 14 practice areas are recommended
2024-08-12
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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