Our China team represents US and European companies and investors doing business in China, as well as Chinese companies in their investments and other business activities in the United States. Team members also serve as regular counsel to a number of prominent US and Chinese private equity and venture capital firms in China. We increasingly assist Chinese companies in their fundraisings, securities offerings, investments and acquisitions in the United States and Europe.
Katten’s team of experienced attorneys permanently based in Shanghai work seamlessly with our team in the United States to serve our China- and US-based clients on a 24/7 basis. The insights of our bilingual and bicultural attorneys help Western investors overcome cultural differences to succeed in China and Chinese clients to thrive in the United States.
Our knowledge of Chinese local law and practices, our language and communication skills, and our relationships with central, regional and local governments and businesses in China allow us to assist clients in every aspect of their business activities in China. Our Shanghai lawyers have extensive experience in structuring and establishing foreign investment vehicles throughout China, including forming wholly foreign-owned enterprises (WFOEs) and negotiating joint ventures. Conversant in the tax, regulatory and other issues common to mergers and acquisitions in China, our Shanghai team provides clients with a full range of services, including drafting term sheets, letters of intent and confidentiality agreements; performing due diligence; formulating and implementing transaction plans, strategies and tactics; negotiating and drafting sale and purchase agreements and other transaction documentation; and preparing applications for and securing necessary Chinese government approvals. We also advise clients with respect to strategic alliances, supply and outsourcing relationships, financings, restructurings, exit strategies and dispositions, commercial contracts, and employment and regulatory matters.
Our Shanghai team includes pioneers of private equity/venture capital (PE/VC) practice in China. Our attorneys participated in the design of the early-stage "Sina mode" and variable interest entity (VIE) structures and the localization of the traditional offshore preference rights terms in China. We counsel prominent PE/VC firms in the United States and China and represent growth companies and start-ups in many high-profile investment transactions. Clients seek our assistance in structuring foreign investments in all sectors of China’s economy. We create innovative structures and techniques in areas and industries including value-added telecoms, retail and franchising, publishing, financial services, consulting, media, education and public relations, aviation and logistics, and clean and renewable energy, many of which are still restricted for foreign investment in China. With years of legislative service and a robust network of contacts in China, we are regarded as an authority on cutting-edge techniques for structuring foreign investments in these areas.
Katten attorneys provide comprehensive guidance on cross-border technology transfer and licensing transactions, as well as acquisition and management of patents, trademarks, copyrights and other intellectual property portfolios in China. We offer litigation and other enforcement strategies to victims of intellectual property infringement and work with trial lawyers and Chinese agents to obtain relief from the local courts and agency enforcement authorities, including the Chinese Copyright Office, Intellectual Property Office, Trademark Administration, Industry and Commerce Bureau, Technology Supervision Bureau and Food and Drug Administration. Our team facilitates the remittance of royalties in foreign currency and the minimization of withholding and business taxes, and structures legal and practical schemes for the protection of intellectual property and confidential information. Whether serving Chinese or American clients, our China practice attorneys develop and implement innovative solutions to difficult problems in intellectual property licensing, franchising and protection and rights in Asia.
For Chinese companies expanding into Western markets, we provide a full range of legal services relating to incorporation, financing, investment, merger, acquisition and legal compliance. We regularly represent Chinese companies in M&A transactions undertaken overseas and have won the reputation of being a “must-go-to” team in the market. Our Shanghai lawyers have also represented Chinese companies in US IPOs, Rule 144A offerings, Regulation S offerings and other forms of public and private financing offerings in the United States.
We also regularly handle arbitration and litigation matters for Chinese clients in the United States. We advocate our Chinese clients’ interests in customs and trade remedies proceedings before numerous government agencies, including US Customs and Border Protection, the US Department of Commerce, the Committee for the Implementation of Textile Agreements, the US International Trade Commission and the Office of the US Trade Representative. Our attorneys advise on tariff classification, value, country-of-origin determination and marking, enforcement actions, antidumping and countervailing duties, relief from surging imports (Section 482 proceedings), hindrance to foreign market access and US retaliatory measures (Section 301 proceedings), and intellectual property infringing imports (Section 337 proceedings).
上海代表处业务团队 - PDF
美国凯腾律师事务所上海代表处及中国业务 - PDF