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11/4/2013

Global Mondays Weekly Lecture Series - Transnational Legal Practice in China

William H. Gates Hall
117
12:30 PM - 1:20 PM

“How to realize your Chinese Dream? —Risk Prevention and Control of Criminal Litigation Concerning Foreign Enterprises and Their Multinational Executives in China”

Attorneys Edward Huang, Lisa Sun and Wendy Zhou, Visiting Scholars from the Beijing Bar Association

Hosted by the Chinese American Law Student Association, the Visiting Scholars Program and the Asian Law Center

Just this year from July to the end of September, GSK(GlaxoSmithKlines), originated from UK and listed in NYSE, together with other drugmakers including American Eli Lilly and Company, Danish Novo Nordisk A/S and Belgium's UCB SA, around ten major multinational pharmaceutical producers in China have been investigated, Peter Humphrey, British fraud investigator linked to GSK was arrested in Shanghai, another British manager-level personnel was restricted to leave China. Last year, a top-level German art brokerage firm was investigated in Beijing, four of its employees, including the German general manager, has been investigated by Anti-smuggling Bureau of Beijing Customs, and 4 personal suspects were detained for up to 127 days in a Chinese detention house. What happened?

The amended Criminal Law of the People’s Republic of China and some new judicial interpretations increased the penalties for some economic charges. Is China still a dream place or has it become a nightmare for FDI and their executives? Our experts will explain the present laws and regulations surrounding multinational executives’ crimes and the ways in which to avoid potential criminal legal risks during company operation. They will focus on analysis of multinational executives’ criminal cases and an overview of the causes and of common crimes committed by multinationals as well as how to prevent them. They will also provide a brief introduction to criminal proceedings and the special circumstances of crimes committed by foreigners in China.

Yonghua (Edward) Huang is a partner at King and Capital Lawyers, and has advised many multinational enterprises and institutional investors in complex corporate finance transactions, due diligence and other related matters. As one of the heads of King and Capital's Corporate Legal Risk Management Department, Mr. Huang is also proficient in arbitration and litigation, especially White Collar Crime defense. Mr. Huang has many publications including an article in New York Times regarding the investigation to GSK.

Ying (Lisa) Sun, a partner from Beijing Gaopeng Law Firm, has been active in the fields of foreign investment, merger and acquisition and antitrust filing and other company affairs as a professional lawyer from 2004. She is familiar with the approval procedures on foreign investment field, and maintains close working relationship with several government authorities such as MOC, BJMCOC and SAIC. So far, she has provided high-quality service to the clients in such industries as automobile, steel, energy, telecommunication, manufacture, retail, as well as trade.

Wen (Wendy) Zhou has practiced law for thirteen years, and now is a partner at Beijing Yuandu Law Firm. As an attorney at law and a certified pharmaceutical engineer, Ms. Zhou has undertaken various legal cases, ranging from regular actions to complex lawsuits including some criminal cases in pharmaceutical industry. She is also expert in intellectual property law, currently serving as director of Beijing Intellectual Property Society.