ENG

  • Ron CAI

    Shanghai

  • Tel +86-21-6061-3666

    Email roncai@zhonglun.com

  • Practices

    Investment/M&A & Corporate Governance, Cybersecurity & Data Protection, Litigation & Arbitration

  • Industries

    Energy & Power, Telecommunications & Internet, Information & Intelligence Technology

CV

Ron CAI

Ron Cai has more than 30 years of legal experience assisting clients in U.S.-China business projects. He is a seasoned expert in Chinese TMT laws and regulations. Ron is familiar with a wide range of industries, including Web 3, cloud computing, internet of things, e-commerce, digital media and entertainment, on-line games, e-health, high-speed railway, and new energy. Ron speaks and writes frequently on Chinese TMT laws and practice. He also handles international M&A, commercial transactions of multinational companies in China, and international commercial dispute resolution. Mr. Cai acts as an arbitrator in multiple international arbitration institutions. He is also the General manager of the Electronic Information Laws Committee of the International Bar Association.

Representative Matters

Cyber Security, Data Protection and Privacy

  • Advise clients on cyber security, data protection and privacy laws in China, such as data collection and transfer, government procurement, encryption, personal information protection for banking and healthcare industries, etc.;

  • Negotiate with governments and state-owned companies on IT procurement contracts, including their concerns over cyber security issues;

  • Advise clients on their on-line security products and their sales in China;

  • Advise clients on collection, analysis and cross border transfer of customer data, patient data, and genetic data;

  •  Prepare and review privacy terms and consents; and

  • Train and audit clients on cybersecurity, data protection and privacy; provide advice on compliance. 

Metaverse

  • Support a client’s launch of AR intelligent gears in China, which is deployed mostly in surgical, scientific research, and aviation uses;

  • Assist a metaverse client’s launch of its products in China. Its education version offers the most popular educational games to schools for some subject matters, such as programming and chemistry;

  • Assist a client in launching a video game console in China, which provides a virtual world experience to gamers all over the world;

  • Provide legal support to a client’s AI robot projects in China, including AI characters, such as Xiao Bing, which can compose and sing songs, write poems, draw paintings and appear on TV and virtual programs as an anchor; 

  • Assist an NFT start-up in planning on-line distribution of artwork and other products.

  • IP Protection and Anti-trust Issues in the IT Industry

  • Advise clients on IP protection for their IT products and services in China; and 

  • Advise clients on anti-monopoly laws in China, including pricing, anti-competition behaviors and abuse of IP rights.

Hardware

  • Represent several multi-national IT hardware companies in establishing joint ventures and fully-owned subsidiaries in China;

  • Represent several IT hardware companies in OEM projects and in sourcing parts and components in China; and

  • Assist several IT hardware companies in their daily operations in China, including sales network, antitrust law compliance, IP protection, cybersecurity law compliance, etc.

AI and IOT

  • Advise clients on world class voice and image recognition research and application;

  • Provide legal advice to AI solution providers regarding potential legal liabilities;

  • Assist AI solution providers in negotiating cooperation and services contracts;

  • Advise AI solution providers on ownership of data intellectual property rights;

  • Advise clients on deep learning projects; and 

  • Assist client in collaborating with other companies in collection and analysis of big data.

Internet of Vehicles and Smart Driving

  • Advise a world leader in automobile industry on landing its dynamic online map and map-data-as-a-service business in China;

  • Advise a world leader in automobile industry on road test projects;

  • Advise a world leader in automobile industry on landing its smart tire projects in China;

  • Advise a world leader in automobile industry on encryption compliance issues relating to import and manufacturing ECU components;

  • Advise a world leader in automobile industry on landing its over-the-air (OTA) update service in China; 

  • Advise a world leader in automobile industry on landing its smart fleet project in China; and

  • Advise a world leader of on-line map and traffic navigation on partnership with a Chinese online map service provider and licensing of contents and technologies in China.

Cloud Computing

  • Assist a world leader in cloud computing land its service in China, as the first foreign cloud computing service in China;

  • Assist the above cloud computing service provider in its daily operational matters;  

  • Assist a global leader in the manufacturing industry in setting up cloud computing and internet-of-things platform in China; 

  • Advise IT companies on migrating software services onto cloud-based platforms;

  • Obtain governmental approvals for resale and brokerage of cloud computing services, which is the first approval for a foreign company in this industry;

  • Assist the above cloud computing brokage firm in purchasing cloud services and in re-selling to end customers; and 

  • Negotiate with Chinese telecom companies and cloud computing companies on IT infrastructure and services.

On-line Games

  • Assist a world leader in on-line games set up a joint venture in China, as the first foreign company in the on-line game industry in China;   

  • Assist clients in obtaining various permits and licenses for the importation and operation of games;

  • Assist clients in negotiating licenses for games in and outside of China; and

  • Negotiate settlement agreements for game infringement cases.

On-line Audio and Video Broadcasting

  • Advise clients on the Chinese regulatory environment for on-line audio and video broadcasting, as well as VoIP services, in China;

  • Assist clients in investing and divesting in Chinese Internet content services; and

  • Assist a Chinese live broadcasting application in its negotiations with Apple.

E-Commerce

  • Assist some of the best known consumer brands in the world set up on-line stores in China;

  • Assist the largest e-commerce company in the US in operations in China, including payment, loyalty program, logistics; 

  • Negotiate on-line store contracts with Alibaba, JD, Suning and other Chinese on-line platforms on behalf of foreign brands;

  • Negotiate operation contracts with third party contractors and distributors for the actual operation of the China on-line stores for our clients;

  • Advise clients on Chinese on-line commerce laws, consumer protection laws, advertisement laws, and product warranty laws; 

  • Advise clients on termination and replacement of on-line store operators in China.

Search Engine 

  • Advise a world leader of search engines on the Chinese law related to its daily operation; and

  • Advise the search engine regarding on-line advertisement law in China.

On-line Mapping and Traffic Navigation

  • Advise a world leader of on-line map and traffic navigation in its joint venture in China;

  • Advise another on-line traffic navigation company for smart driving about regulatory compliance in China; and

  • Advise the client on its sales of devices and licensing of contents and technologies in China.

On-line Retail

  • Assist several multi-national companies establish on-line retail platforms in China; and

  • Advise the clients on consumer protection laws in China, including statutory warranties, customer return policies, advertisements, labeling and packaging.

Software and other Technology Licensing, Joint Development and Revenue Sharing

  • Assist clients in software and other technology licensing contracts; and

  • Assist clients in negotiation of joint development and revenue sharing projects.

M&A, Early Start-up Investment, and Joint Ventures in IT Industry 

  • Assist clients in set-up, share transfer and winding down, of China joint ventures in IT industries;

  • Assist clients in acquiring and selling IT companies in China; and

  • Assist clients in investing in technology start-ups in China. 

Automotive, Railway and Aviation Industries

  • Assisted General Motors/Dephi in establishing several joint ventures to produce power trains, batteries, clutches and other auto parts for Shanghai General Motors and other vehicle factories;

  • Advised Ford/Visteon on daily operations, shareholder rights and corporate governance in their many ventures in China;

  • Assisted Eaton in establishing a truck power train joint venture, as well as several other M&A projects; advised on termination of two automobile joint ventures in China;

  • Assisted Daimler on the termination of a heavy truck company in China;

  • Advise PACCAR on possible joint ventures;

  • Assisted KIC in establish two joint ventures to produce semi-trailers in China;

  • Advised Goodyear’s Chinese entities on their general corporate matters;

  • Assisted Ford on legal matters for its joint ventures in China;

  • Assisted Husco International in negotiating and documenting a three-way joint venture in Shanghai with a Japanese investor and Chinese investor for manufacture of hydraulic components;

  • Assisted Delco Remy International in negotiating and documenting equity participation and investment in an existing joint venture to manufacture after-market auto parts by subscribing and contributing to the increase of the registered capital;

  • Assisted China South Locomotive’s joint investment with GE Transportation to set up a high/median speed railway train manufacturing facility in the United States;

  • Assisted the China High Speed Rail team in bidding for the Desert Express and other high speed railway projects between Las Vegas and Los Angeles in the United States. Advise on set up branches in the United States and provide legal services for their daily operations;

  • Assisted CRRC Sifang in winning a $1.3 billion urban railway locomotive project in Chicago;

  • Assisted China High Speed Railway Consortium’s joint venture with US and other international contractors in potential high speed railway projects in the United States; 

  • Provided legal services for Boeing Aircraft Maintenance Joint Venture in Shanghai.

New Energy Automobiles and Auto-driving


Other Cross-border Business

  • Represented CCTV in set up North American Live Broadcasting Center in the United States to record CCTV Channel 4 and Channel 9 TV programs;

  • Assisted a Chinese solar company in setting up a company in Oregon and provided legal services for its daily operation;

  • Assisted a Chinese fashion retailer in franchising in the United States;

  • Assisted a Chinese media company in anti-piracy lawsuits in the United States;

  • Assisted Chinese Auto Exporters in their operation in Oregon;

  • Assisted two Chinese companies in acquiring a Canadian company with facilities in the United States; andRepresented the largest hydrogen producer in the world in building hydrogen stations in China for hydrogen vehicles;

  • Assist a client in providing AI solutions for a new energy car brand in China as the selling point of that car brand;

  • Assisted a client in its evaluation of using remote sensor technology in truck fleets’ tire care and management in China;

  • Assisted a client in launching many new remote driving technologies in China, suggested on its feasibility, and provided services for drafting and negotiating the contracts during the whole process.

  • Advised a client in its joint venture in mapping and real time navigation in China; and 

  • Advise a client in its deployment of a solution in rental cars in China to monitor and remote-control the rental cars.

Other Cross-border Business

  • Assisted a Chinese television broadcasting company in setting up North American Live Broadcasting Center in the United States;

  • Assisted a Chinese fashion retailer in franchising in the United States;

  • Assisted a Chinese media company in anti-piracy lawsuits in the United States;

  • Assisted Chinese Auto Exporters in their operation in the US;

  • Assisted two Chinese companies in acquiring a Canadian company with facilities in the United States; and

  • Provided legal service for the business of a Chinese IT company with a sub in the United States.

Arbitration in the United States

  • Represented a Chinese company in a litigation case in California and related JAMs arbitration in San Francisco and won the case.

Arbitration in China

  • Represented on client before CITEAC arbitration penal in Beijing, and the other client before another CITEAC arbitration penal in Shanghai, and won both cases.

  • Act as arbitrator in CIETAC, SIETAC and SAC, presiding many arbitration cases involving cross-boarder and multiple local commercial disputes.


Memberships & Affiliations

Executive Director, Electronic Information Laws Committee of the International Bar Association

Arbitrator, China International Economic and Trade Arbitration Commission (CIETAC)

Arbitrator, Shanghai International Economic and Trade Arbitration Commission (SIETAC)

Arbitrator, Shanghai Arbitration Commission of China (SAC)

Mediator, U.S.-China Business Mediation Center

Chair, Legal Committee, American Chamber of Commerce, Shanghai, 2008-2010

President, Columbia University Alumni Association in Shanghai

Related

  • Bar Admissions/Professional Qualifications

    Washington, since 1998
    District of Columbia, since 1998
    Oregon, since 1990
    China, since 1999 (currently inactive)

  • Education

    J.D., Lewis & Clark Law School, 1990
    LL.M., Columbia University School of Law, 1987
    LL.B., Xiamen University School of Law, 1984

  • Professional Experience

    Partner-in-Charge/Chief Representative, Davis Wright Tremaine LLP Shanghai Office, 2000-2018
    Attorney, Graham & James LLP, Hong Kong and Seattle, 1995-2000
    Attorney, Kaye Scholer LLP, New York, N.Y. and Hong Kong, 1994-1995
    Attorney, Tonkon Torp LLP, Portland, Ore, 1988-1994

  • Languages

    Chinese
    English