ENG

  • Ron CAI

    Senior Counsel / Shanghai

  • Tel +86-21-6061-3666

    Email roncai@zhonglun.com

  • Practices

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

  • Industries

    Energy & Power, Telecom & Information, Intelligence Technology & Application

CV

Ron CAI

Ron Cai has more than 30 years of legal experience assisting clients in U.S.-China business projects. As a seasoned expert in Chinese TMT laws and regulations, he is well-versed in a wide range of industries, including Web3, cloud computing, internet of things, e-commerce, digital media and entertainment, online 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. Ron acts as 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 cybersecurity issues

  • Advise clients on their online security products and sales thereof in China

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

  • Prepare and review privacy terms and consents

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


Metaverse

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

  • Assisted a metaverse client's launch of its products in China, the education version of which offers the most popular educational games to schools on subjects such as programming and chemistry

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

  • Provided 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

  • Assisted an NFT startup in planning on-line distribution of artwork and other products


IP Protection and Antitrust Issues in the IT Industry

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

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


Hardware

  • Represented several multi-national IT hardware companies in establishing joint ventures and wholly-owned subsidiaries in China

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

  • Assisted 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

  • Advised a client that boasted 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

  • Assisted a client in collaborating with other companies in collection and analysis of big data


Internet of Vehicles and Smart Driving

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

  • Advised a world leader in automobile industry on road test projects

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

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

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

  • Advised a world leader in automobile industry on landing its smart fleet project in China

  • Advised a world leader of online map and traffic navigation on its partnership with a Chinese online map service provider and licensing of contents and technologies in China


Cloud Computing

  • Assisted a world leader in cloud computing with landing its service in China, which is the first foreign cloud computing service in China

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

  • Assisted 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

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

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

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


Online Games

  • Assisted a world leader in online games to set up a joint venture in China, with the client being the first foreign company to venture into the online 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

  • Negotiate settlement agreements for game infringement cases


Online Audio and Video Broadcasting

  • Advise clients on the Chinese regulatory environment for online audio and video broadcasting as well as VoIP services in China

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

  • Assisted a Chinese live broadcasting application in its negotiations with Apple


E-Commerce

  • Assisted some of the world's best-known consumer brands in setting up online stores in China

  • Assisted the largest e-commerce company in the US in its operations in China, providing services covering payment, loyalty program, and logistics

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

  • Negotiate for our clients over operation contracts with third party contractors and distributors for the actual operation of online stores in China

  • Advise clients on Chinese online commerce laws, consumer protection laws, advertisement laws, and product warranty laws

  • Advise clients on termination and replacement of online store operators in China


Search Engine 

  • Advised a world leading search engine company on the Chinese law related to its daily operation

  • Advised the search engine company regarding online advertisement law in China


Online Mapping and Traffic Navigation

  • Advised a world leader of online map and traffic navigation in its joint venture in China

  • Advised another online traffic navigation company for smart driving about regulatory compliance in China

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


Online Retail

  • Assisted several multinational companies to establish online retail platforms in China

  • Advised 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

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


M&A, Early Startup 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

  • Assist clients in investing in technology startups 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

  • Advised PACCAR on possible joint ventures

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

  • Advised Goodyear's Chinese entities on their general corporate matters

  • Assisted Ford in 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 and advised the client on setting up branches in the United States and their daily operations

  • Assisted CRRC Sifang in winning a USD 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

  • Represented the largest hydrogen producer in the world in building hydrogen stations in China for hydrogen vehicles

  • Assisted 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, advised on its feasibility, and drafted and negotiated the contracts during the whole process

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

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


Other Cross-border Matters

  • 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

  • Provided legal service for the business of a Chinese IT company with a subsidiary 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 a 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-border and multiple local commercial disputes

Memberships & Affiliations

Executive Director, Electronic Information Laws Committee, 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 State Bar, 1998
    District of Columbia Bar, 1998
    Oregon State Bar, 1990
    PRC Bar, 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

    Senior Counsel, Zhong Lun Law Firm
    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