ENG

  • Rachel LI

    Equity Partner / Beijing

  • Tel +86-10-5957-2143

    Email lirui@zhonglun.com

  • Practices

    Cross-border Investment/M&A, Antitrust & Competition, Cybersecurity & Data Protection

  • Industries

    Education & Training, Telecommunications & Internet, Information & Intelligence Technology

CV

Rachel LI

Rachel Li's practice focuses on China related cross-border M&A transactions, cybersecurity compliance, anti-trust and competition, and other corporate and compliance matters. She has over 16 years of experience in advising clients across various industries and sectors on Chinese antitrust, competition, and corporate law issues. Serving broad clientele ranging from Chinese state-owned enterprises to large multinationals, Rachel has developed strong legal expertise and cross-cultural skills necessary to advise a diverse client base.

Rachel has participated in a number of high-value acquisitions and joint venture projects, as well as a slew of transactions concerning anti-trust issues. Her expertise also covers contentious matters, and she has represented a host of clients in China antitrust investigations and litigations. In recent years, she has also been active in transactions as cybersecurity counsel, advising clients on Chinese cybersecurity law mandates and assisting clients to deal with China data security investigations.

Rachel has authored and/or contributed to many articles and publications on compliance issues (cybersecurity/antitrust) and routinely delivered lectures to in-house counsels and international attorneys on Chinese cybersecurity/antitrust issues.

Representative Matters

M&A Transactions

  • Advised China International Marine Containers Group on its efforts to acquire the container business and assets divested by Maersk Group through bidding

  • Advised Sinopec Capital on several equity investment projects involving multi-jurisdictional merger and acquisition, restructuring, and regulatory work in the new energy sector

  • Advised Wabtec on a number of joint venture and acquisition transactions in China and various legal issues related to its China-based operations, with services covering transactions, full-range regulatory matters, and dispute resolution relating to its China-bound investment

  • Advised Air Products on several transactions involving sale and/or purchase of equity interests and/or business assets in China

  • Advised Walmart on several transactions involving acquisition of equity interests in multiple companies which owned and operated a number of retail stores in China, with services including due diligence, preparation of documents, closing support, and regulatory advisory work

  • Advised Shouhuan, a Beijing government-owned company, on its joint venture project with Comcast to establish Universal Beijing Theme Park, with services including transactional work, merger filing, and various daily support

  • Advised Yum China on establishing a joint venture company with Mininglamp Technology, a leading AI company, with the mandate involving complex IPR and data compliance issues

  • Advised International Finance Corporation on several projects of equity investment in and debt financing for foreign-invested companies in China

  • Advised a major Japanese trade company on its proposed equity investment in a Chinese grain logistics company, with services including transactional work, merger filing, and national security review

  • Advised a global leading high-tech company on its acquisition of a multinational human resources information service company

  • Advised a private equity fund on its equity investment in a Chinese early education company

  • Advised a private equity house on its acquisition of a European mining group company with substantial operations in China

  • Advised a multinational petroleum company on its acquisition of assets and distribution networks from a nationwide motor oil lubricant distributor in China

  • Advised a number of multinational companies in industries including biotech, railway products, communication technology, financing service, etc. on legal issues related to their daily operations, including localization of global contracts, labor, technology licensing, and foreign exchange control

  • Advised a major state-owned company on its joint venture with a major Canadian energy company involving new technology development


Cybersecurity and Data Compliance

  • Advised a transportation enterprise on cybersecurity and data security compliance issues relating to its freight transport platform, and assisted it in responding to inquiries made by governmental authorities into its data security practices

  • Advised a multinational logistics visibility company on data security and privacy compliance issues relating to doing business in China

  • Assisted two leading internet platform enterprises to respond to a compliance self-examination and rectification requirement from governmental authorities, and in particular performed the self-examination and rectification and communicated with the regulatory agencies in respect of data security and privacy compliance

  • Advised Wabtec Corporation on the implementation of cybersecurity, data security, and privacy compliance systems in China

  • Provided legal services to Cummins for privacy compliance and other issues related to its internet platform build-out project, with services including drafting of privacy policies, user agreements, etc., and assisted the client in updating its China data compliance system

  • Advised Beijing Universal Theme Park on legal issues related to privacy compliance

  • Advised on data protection and processing by a joint venture between Yum China and Mininglamp Technology concerning the application of big data and artificial intelligence in the restaurant industry

  • Advised Zippo on its website privacy policy, cross-border data transfer, etc.

  • Advised Synopsys on data and privacy compliance matters, covering personal information collection and cross-border data transfers

  • Provided due diligence services related to data compliance for Schneider's proposed acquisition of an electrical automation company

  • Advised a global leading automobile manufacturer on a massive-scale data breach involving personal information, with services including risk assessment of the incident and legal advice on emergency response

  • Advised a global leading education company on cybersecurity and data compliance in its online education business, with services including drafting of privacy policy and counseling on personal information collection, multilevel protection, cross-border data transfer, etc.

  • Advised MSCI on cybersecurity issues related to its daily operations, such as collection of personal information and cross-border data transfer, as well as on obtaining permit on financial information services

  • Advised Nestle on various data compliance matters, including personal information collection, privacy policy, data transfer in M&A, etc.

  • Advised multiple multinational companies on cybersecurity, data security, and privacy compliance matters and provided training sessions to the clients


Anti-trust and Competition

  • Assisted Yum China and Mininglamp Technology on PRC merger filing procedure in connection with their establishment of a joint venture company involving VIE structure and obtained unconditional approval, which is China's first antitrust review involving VIE structure that has secured unconditional approval

  • Assisted a US mobile communication and chipset manufacturing company in defending Chinese lawsuits filed by a US handset manufacturer against it, alleging its violation of the PRC Anti-Monopoly Law and breach of FRAND commitment, and facilitated the final settlement between the two parties

  • Advised a multinational technical company in an antitrust investigation against it by China anti-monopoly enforcement agency on its China business, and provided comprehensive legal services for other potential legal risks

  • Advised a number of multinationals in the fields of FMCG, automobiles, pharmaceuticals, etc. on their distribution models and distribution agreement terms, provided legal advice on their exposure to the risk of being found as "Resale Price Maintenance" in violation of the PRC Anti-Monopoly Law, and assisted with the adjustment of their distribution models and distribution agreement terms

  • Advised a US chemical company and a French chemical company on whether the several independent transactions entered into between them would be deemed as one single concentration under the PRC Anti-Monopoly Law and thereby trigger the antitrust merger notification, and assisted the parties in officially consulting with China anti-monopoly authority on this issue

  • Advised a Japanese multinational company and a Chinese state-owned enterprise on China merger notification and national security review for the client's proposed equity investment in the Chinese enterprise

  • Advised on PRC merger filing for scores of M&A and joint venture projects

Honors and Awards

For Individual

Rising Star in Antitrust and Competition, LEGALBAND, 2019 & 2020

China Top 15 Lawyers in Cybersecurity and Data Compliance, LEGALBAND, 2022

Band 2 in Cybersecurity and Data Compliance, LEGALBAND, 2023

Memberships & Affiliations

Part-time Tutor of Master of Laws, China University of Political Science and Law

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar
    New York Bar

  • Education

    LL.M., New York University, 2017
    LL.B., Peking University, 2006
    B.A., Peking University, 2006

  • Professional Experience

    Partner, Zhong Lun Law Firm, 2007 to present

  • Languages

    Chinese
    English