China

Katten’s China Practice represents both U.S. and European companies and investors doing business in China, as well as Chinese companies in their business activities in the United States. We offer more than the usual transactional legal services: We not only serve as legal counsel, but also guide and advise clients in locating and assessing potential Chinese partners and transactions. Our proactive, multidisciplinary approach ensures deals get done in compliance with Chinese regulatory requirements. Clients benefit from 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.

Our team consists of Western-trained Chinese and American lawyers who have handled a wide variety of transactions in the People’s Republic of China, Hong Kong, Macau and Taiwan. The insights of our bilingual and bicultural attorneys help Western investors overcome cultural differences to succeed in China.

Members of our China Practice regularly work and consult with the firm’s other practices. Drawing on our firm’s strengths in the areas of mergers and acquisitions, private equity, securities offerings, intellectual property, emerging companies, life sciences, corporate restructuring, real estate, environmental, customs and international trade, tax, management compensation and labor law, we have developed a sophisticated approach to Chinese transactions and operational matters.

Our China Practice focuses on the following areas:

Foreign Direct Investment

Our attorneys work with multinational companies and other foreign investors to structure and establish foreign investment vehicles in the Greater China Area. We represent clients in all aspects of their investments and operations in China, including forming wholly foreign-owned enterprises (WFOEs) and negotiating joint ventures. We also advise clients with respect to strategic alliances, supply/outsourcing relationships, financing, restructurings, exit strategies and disposals, commercial contracts, and employment and regulatory matters.

Cross-Border Mergers and Acquisitions

We have extensive experience in cross-border mergers and acquisitions among foreign-owned businesses operating in China and between Chinese companies and offshore foreign businesses and investors, including the acquisition and sale of Chinese companies’ assets and the consolidation of foreign-invested companies within China. Attorneys in our China Practice also have represented a number of Chinese companies in some of the largest M&A transactions undertaken overseas by these companies.

Private Equity, Venture Capital and Capital Markets

Our diverse private equity and venture capital practice encompasses U.S. IPOs and SEC registered offerings, U.S. Rule 144A offerings, Regulation S international offerings, private placements, B and H share offerings for Chinese companies, high-yield debt, medium term notes and debt issuance programs, convertible bonds and other equity-linked products, trust preferred structures, and American and Global Depositary Receipts. Our attorneys represent many leading private equity funds and sponsors in each stage of a portfolio company’s life cycle. We also routinely represent Chinese and other Asian companies in their capital raising activities.

Real Estate

We have represented clients in real estate development and construction projects throughout China. We advised one of the 10 largest architectural firms in the United States in connection with several major real estate projects in China and represented a leading U.S. real estate developer in connection with office building, residential and retail shopping center projects as well as a joint venture with a Chinese financing and real estate development company to establish a property management business. We also represented some of the largest U.S. industrial REITs and land development firms in their built-to-suit logistics park projects across China.

Customs and International Trade

Surges in imports from China, antidumping/countervailing duties, merchandise exclusion orders and other trade measures present potentially devastating consequences for importers and exporters of Chinese articles. We advocate client interests in the customs and trade remedies arena before numerous government agencies. Our China Practice also helps clients expand their export markets, manage their regulatory burdens and risks, and meet government compliance obligations.

Intellectual Property, Technology Transfer and Cross-Border Licensing and Franchising

We provide comprehensive counsel on complex commercial transactions, cross-border technology transfer and licensing transactions, and acquisition and management of patents, trademarks, copyrights and other intellectual property portfolios in and related to China. Our attorneys also provide 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.

Litigation and Arbitration

We are adept at developing litigation strategies to support our clients’ business objectives in China, especially when cross-border litigation is involved. Although China does not permit foreign lawyers to officially represent parties in Chinese courts of law, our relationships with local Chinese counsel allow us to closely manage the litigation process on behalf of our clients. Our attorneys also understand that choosing an arbitration forum is an important tactical decision, and we advise clients on forum selection during contract negotiations. We have experience representing clients in arbitration before the China International Economic and Trade Arbitration Commission.