ENG

  • Joe Y. WANG

    Equity Partner / Shanghai

  • Tel +86-21-6061-3465

    Email wangyuan@zhonglun.com

  • Practices

    Compliance & Investigation, Litigation & Arbitration, Investment/M&A & Corporate Governance

CV

Joe Y. WANG

Mr. Wang is a partner at the Shanghai office of Zhong Lun Law Firm, with over 18 years of legal practice experience. His expertise spans diverse areas including regulatory compliance, government investigations, corporate/M&A, commercial transactions, commodities trade, and cross-border dispute resolution.

In the realm of compliance and government investigations, Mr. Wang brings a wealth of experience, having previously served as a law enforcement official at the Shanghai Administration of Market Regulation Pudong Branch. In this capacity, he oversaw the enforcement of various laws such as anti-unfair competition, advertising, product liability, trademark, and consumer rights protection. Moreover, he handled business registration and daily supervision tasks for foreign invested companies, accumulating extensive knowledge in regulatory law enforcement and adeptly navigating investigations launched by governmental authorities.

Throughout his career, Mr. Wang has adeptly represented both domestic and foreign clients in responding to inquiries and investigations by various government agencies including market regulation, customs, taxation, environmental protection, and public security. Notably, he has successfully assisted clients in securing lenient penalties during administrative penalty procedures. Additionally, Mr. Wang has garnered recognition for his representation of well-known companies in regulatory investigations concerning anti-commercial bribery, customs inspections, environmental protection, and administrative penalties.

In the sphere of corporate law, foreign investment, and cross-border M&A, Mr. Wang has facilitated numerous transactions for foreign clients, providing meticulous legal, compliance, and ESG due diligence on target companies' subsidiaries and assets in China. He has also played a pivotal role in guiding domestic private companies through cross-border acquisition projects in Europe and the United States.

With a background in commodity trade and trade finance, Mr. Wang's tenure at Reed Smith LLP's Shanghai office equipped him with specialized expertise in contract and commercial matters related to commodities and trade finance. He has offered legal counsel to internationally renowned traders on matters involving crude oil, minerals, metals, and other commodities, ensuring compliance with PRC laws and regulations.

In civil and commercial litigation, Mr. Wang has represented a multitude of domestic and foreign companies in various disputes and enforcement cases. Notably, he has provided representation in investigations by the U.S. Department of Justice and cross-border litigation cases, often serving as a China law expert and providing testimony in U.S. federal courts.

Mr. Wang's clientele encompasses diverse industries including commodities trade, oil and gas, manufacturing, retail, medical devices, automotive, chemicals, logistics, and real estate, among others.

Representative Matters

Compliance and Investigations

  • Represented a well-known Australian aviation component manufacturing and sales company to conduct an internal employee investigation into the profit-taking behavior of sales employees and the diversion of company trading opportunities, and issued investigation reports;

  • Represented a well-known medical device manufacturing and sales company in the United States to provide compliance and government investigation services on how to combat parallel imports of medical devices; responded to a request from the Market Supervision Bureau of a certain province in China for the company to assist in the investigation of parallel import issues related to the discovery of defective medical devices usage;

  • Represented a well-known U.S. printing and packaging materials company in responding to tax audits and inquiries from Chinese local tax authorities regarding land value added tax on property and individual income tax for senior executives, and assisted the client in preparing evidence materials and explanations of the situation;

  • Assisted a world-renowned British vehicle manufacturer to carry out legal training on U.S. export controls and economic sanctions;

  • Represented a well-known packaging and barcode printing limited company in the United States to conduct an internal investigation of senior executives in China region and assisted in handling the negotiation of labor contract termination for senior executive employees;

  • Assisted a world-renowned American petroleum lubricant company to provide legal opinions on the legal risks of commercial bribery involved in the distribution system;

  • Represented a British valve and oil pump industrial manufacturing company to carry out internal assessment of data security compliance and cross-border data transmission under Chinese law, and issued legal opinions on whether to proactively file for record with the Cyberspace Administration of China(CAC);

  • Represented a U.S. textile industry company in conducting an internal employee investigation of anti-corruption and commercial bribery compliance against former executives of the company in China region;

  • Assisted a world-renowned American cosmetics company to draft compliance system internal management policies such as the Chinese version of G &E policy;

  • Assisted a world-renowned American cosmetics company in responding to inquiries from the Shanghai Market Supervision Bureau regarding assistance in investigating commercial bribery cases;

  • Assisted a Chinese import and export foreign trading company to issue a legal memorandum involving U.S. sanctions on Russian crude oil exports;

  • Represented a European luxury jewelry company in responding to customs investigations on temporary import and export of imported goods and conversion to general trade imports;

  • Represented a British valve and oil pump industrial manufacturing company in responding to an investigation by the local administration of market regulation regarding the anti-unfair competition law;

  • Represented a European Fortune 500 chemical industry company in handling chemical counterfeiting issue in Suzhou City, Anhui Province, liaising and cooperating closely with the local market regulatory authorities, conducting on-site law enforcement inspections of the production factories of suspected infringers and seizing the infringing goods involved;

  • Represented a Sino-foreign joint-venture food manufacturer in responding to investigations and inquiries from the market supervision authorities on suspicion of product failure in random inspections violating the Food Safety Law, and advocated leniency in penalties for the parties concerned;

  • Represented a Fortune 500 electronic components manufacturer in responding to an administrative penalty investigation by the Jing'an District Market Supervision Bureau because its self-operated e-commerce website was suspected of violating advertising laws;

  • Represented a Fortune 500 electronic components manufacturer in responding to an administrative penalty investigation by the Market Supervision Bureau of the Free Trade Zone due to consumer complaints and suspected false advertising on its website;

  • Represented a well-known American oil and energy company in responding to an administrative penalty investigation by the administration of market regulation of a certain city regarding suspected misleading false advertising and other unfair competition practices;

  • Represented a well-known Japanese investment company in responding to an administrative case investigation by the Huangpu District Market Supervision Bureau due to the use of absolute terms on the company website and suspected false advertising. The law enforcement agency finally made the decision to withdraw the case;

  • Represented a well-known multinational department store chain in response to an administrative penalty investigation by the Huangpu District Market Supervision Bureau due to repeated reports by professional whistleblowers for alleged violations of advertising laws;

  • Represented a well-known domestic semiconductor industry company in responding to an administrative penalty investigation by the administration of market regulation on suspected violation of advertising laws and constituting false advertising;

  • Represented a well-known American automobile lubricant and brake fluid manufacturer in response to an administrative penalty investigation by the Pudong New Area Market Supervision Bureau for allegedly violating the Product Quality Act and constituting "passing off unqualified products as qualified products";

  • Represented a well-known European home entertainment and audio-visual equipment manufacturer in responding to administrative penalty investigations by the administration of market regulation of Yangpu District and Changning District due to alleged non-compliances such as commercial bribery, off-site operations, and complaints from consumers;

  • Represented a large international department store chain brand in responding to the administrative  enforcement investigation of false advertising by the administration of market regulation;

  • Represented a U.S.-funded chemical company in handling the administrative investigation and punishment by the Provincial Environmental Protection Bureau for suspected illegal disposal of solid waste;

  • Represented a well-known U.S.-funded commodity trader in responding to a local customs inspection request for assistance in investigation;

  • Represented a well-known multinational company in the chemical industry in responding to cases related to combating trademark infringement and administrative protection against unfair competition;

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

  • Represented a well-known U.S. timber import and export company in conducting internal compliance investigations due to violations of California environmental laws by exporting timber products from China;

  • Represented a foreign-funded import and export trading company in responding to customs administrative investigations and penalties for suspected smuggling of general goods;

  • Represented a well-known international cosmetics multinational company in providing legal advice on advertising claims related to medical beauty; assisted in formulating local versions of gift and entertainment policies;

  • Represented a well-known American consumer electronics manufacturer in conducting interviews on compliance and implementation of the Supplier Code of Conduct;

  • Represented the Chinese subsidiary of a well-known Southeast Asian rubber products and trading company in responding to the public security bureau’s assistance investigations regarding the suspected bribery of government officials by former senior executives of the company.


Commodities Trade and Trade Finance

  • Advised a US commodity trading company on legal issues related to its proposed trade of carbon emission right (“CCER") with a PRC local electricity plant; 

  • Advised a reputable UK commodity trading company on its various warehouse service agreements and port operation commission agreements in several coastal cities in China; 

  • Advised a global well-known commodity trading company in prepayment type trade finance transactions with domestic aluminum ingots producers; 

  • Advised a global well-known commodity trading company in its re-financing transaction of syndicated facility agreement with overseas banks; 

  • Advised a global commodity trading company and providing legal services for a pre-payment type trade finance transaction with a Chinese domestic enterprise; 

  • Advised a global commodity trading company in reviewing and negotiating futures brokerage agreements with major domestic futures brokerage companies; 

  • Advised a reputable commodity trading company in providing legal services for various trade finance agreements with Bank of China; 

  • Advised a global commodity trading company on its sales and purchase and warehousing logistics, leasing and sub-lease agreements with PRC counter-parties; 

  • Advising a reputable US commodity trading company on the regulatory regime of the PRC newly issued Futures and Derivative law; 

  • Represented a Swiss commodity trading company in reaching a deferred repayment agreement with its Chinese clients for delayed payments and drafting personal joint guarantee agreements for shareholders and ultimate controllers.


Litigation and Arbitration

  • Represented a well-known domestic industrial software distributor in providing full legal services on the termination of its distributor agreement and authorized products with an international industrial software giant, as well as the arbitration of disputes involved;

  • Represented an internationally renowned telecommunications equipment manufacturer as a Chinese law expert witness in a trial in the U.S. federal court regarding its delay in paying patent licensing fees to a Chinese defendant, and issued Chinese legal expert opinions;

  • Represented an internationally renowned telecommunications equipment manufacturer in issuing Chinese legal opinions on its deposit payment to a Chinese defendant for the delayed payment of patent licensing fees and the withholding and payment of income tax under Chinese law;

  • Represented a Swiss commodity trader in reaching a deferred repayment agreement and a personal joint and several guarantee liability agreement between shareholders and the actual controller regarding the delay in payment of goods by its domestic customers in China;

  • Assisted a U.S. law firm in issuing Chinese legal opinions on financial loan contract disputes involving Hong Kong, the Cayman Islands and mainland China;

  • Represented a domestic supply chain management company in bringing a lawsuit against the defendant and a third party in the maritime court regarding a dispute over its container leasing contract;

  • Represented a well-known real estate development company in Singapore in handling construction project contract disputes;

  • Represented a well-known electronic components OEM in Singapore in providing legal advice on a complex supply dispute between it and its supplier due to order cancellation.

  • Represented a well-known French company in providing legal advice on the breach and termination of the distribution agreement between it and its exclusive distributor; 

  • Represented a well-known European company in providing legal advice on product payment disputes and product quality disputes with its customers;

  • Represented a domestic private enterprise and its U.S. subsidiary in responding to U.S. Department of Justice investigations and criminal prosecutions in an economic and commercial espionage case;

  • Represented an internationally renowned communications equipment manufacturer in responding to the Chinese court's request to provide assistance in enforcement as a non-party;

  • Represented a foreign-funded company in dealing with "other contract disputes" involving a downstream sole distributor;

  • Represented a foreign-funded company in a case of recovering payment arrears from downstream customers, involving customer counterclaims, product quality appraisal, and pre-judgement property preservation matters;

  • Represented a U.S. subsidiary of a private enterprise in Zhejiang Province in a case indicted by the U.S. Department of Justice, involving economic espionage, infringement of trade secrets, and other crimes;

  • Represented a multinational company client of foreign-funded communications equipment in responding to the local court's request for the client to assist in enforcement as a non-party;

  • Represented a Chinese subsidiary of a well-known Singaporean real estate company in providing legal advice on its role as a sub-debtor in assisting execution proceedings in the Chinese court;

  • Represented a well-known domestic e-cigarette manufacturer in filing a lawsuit against the defendant for alleged commercial defamation and other infringements at the Beijing Internet Court.


Investment, M&A and Corporate Governance

  • Represented a well-known hydrogen energy company in Germany on its establishment of a Sino-foreign joint venture with a well-known electrical group company in Zhejiang, China, and provided full legal services on trademark use rights licensing, exclusive manufacturing and dealer licensing;

  • Represented a well-known pharmaceutical technology company in Tianjin to provide full legal services on its equity transfer and targeted capital increase agreement transactions;

  • Represented a well-known British commodity trader in providing legal services on its warehousing logistics agreement and port operation entrustment agreement at ports in coastal cities in China;

  • Represented a well-known domestic laser technology company in providing legal advice on its creditor's rights transfer agreement and creditor's rights transfer notice for the contractor as an owner, and assisted in drafting the corresponding creditor's rights transfer and notice template agreement;

  • Provided legal services on behalf of a shareholder of a marketing communications start-up company regarding his exit from the company and the release of his personal joint and several guarantee liability;

  • Represented a Fortune 500 company in the United States in providing due diligence and relevant legal advice on the business of its Chinese subsidiary involved in multiple cross-border mergers and acquisitions, and provided legal advice on the dissolution and liquidation of its Chinese subsidiary;

  • Represented a well-known Hong Kong brand apparel company in providing legal services on its establishment of a joint venture with a Chinese party, and assisted in drafting shareholders' agreements, company articles of association and employee option agreements;

  • Represented a well-known American Internet social media company in providing legal advice on its Chinese WFOE investor changes and corporate governance structure.

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar, 2006
    New York State Bar, 2012

  • Education

    LL.M., Boston University
    LL.B., East China University of Political Science and Law

  • Professional Experience

    Partner, Non-Equity Partner, Zhong Lun Law Firm
    Lead Legal Counsel, a Fortune 500 European Chemical and Consumer Products Company
    Associate, Reed Smith LLP
    Associate, Richard Wang & Co.
    Public Servant, Shanghai Municipal Market Regulation Bureau Pudong Branch

  • Languages

    Chinese
    English