China Practice

Click here to view this practice area description in Chinese

Almost 30 years have passed since the doors to China were reopened. Since that important date in 1979, few people could have predicted the dramatic change that has swept through China. Today, China continues to be a place of dramatic growth and change. There are tremendous opportunities and formidable challenges, and the pace of business is mind-boggling. For years, the attorneys in Nixon Peabody’s China Practice have been helping clients meet the challenges of doing business in this dynamic economy. We help U.S. clients

structure and venture capital and private equity investments in China,
resolve business and trade disputes that arise in China,
protect and enforce our clients’ intellectual property rights in China, and
structure and document acquisitions of Chinese domestic companies.

In addition, with the adoption by the Chinese government of its policy of Zou Chu Guo Men, Chinese domestic companies are seeking to become large, global competitors and enter foreign markets. We represent these Chinese companies in their expansion into the United States. We advise them not just on the legal complexities, but also in cultural, political, and other areas in which they must have knowledge and experience in order to be successful and satisfied with their new business ventures. Examples include representing Chinese clients in

acquisitions of U.S. companies and operations,
public and private stock and debt offerings,
employment contracts and other organizational issues, and
business litigation.

Our approach is practical and effective. We are able to reconcile Western and Chinese legal concepts, understand Chinese culture and negotiating style, negotiate transactions in Chinese, conduct due diligence of Chinese-language documents, and prepare the dual-language documentation often required for transactions in China or for Chinese clients.

Our attorneys stay current on the continuing changes in China’s financial, business, and regulatory environments. We understand the nuances of doing business there, and our relationships with key Chinese law firms and other professionals enable us to provide sophisticated support and service on the ground from Hong Kong to Shanghai to Beijing and the other rapidly developing business centers of China. With proven strength across multiple practice areas and locations, we have the capability and resources to offer assistance on almost any China-related transaction, dispute, or operational issue.

Venture capital and emerging growth

Our attorneys are experienced in the formation and financing of China-related businesses, and we assist these businesses with strategic growth options, such as venture capital financing, mergers and acquisitions, and public offerings. Our clients work in a wide variety of industries, some of which are life sciences, clean technology, new media, software, Internet, semiconductor, consumer products, finance, insurance, manufacturing, transportation, hospitality, agriculture, and natural resources. We advise on a diverse spectrum of financial transactions, including private placements, IPOs, LBO transactions, PIPEs, licensing, and OEM and product distribution strategies. We also have extensive connections to the venture capital, private equity, and hedge funds that are actively engaged in transactions related to China.

Technology and intellectual property

We help clients protect and defend their intellectual property rights across the globe and have extensive experience representing clients on IP issues throughout Asia, including China. Additionally, as many transactions in China involve the licensing of technology or other IP or outsourcing arrangements, our attorneys are skilled at managing these often complex relationships. We offer a blend of superior legal skills, engineering knowledge, and business judgment to assist our clients in maximizing competitive advantages while minimizing risks. Our services include

developing effective corporate intellectual property protection, licensing, and portfolio management strategies;
counseling clients on the acquisition and exploitation of domestic and international intellectual property rights in all technology fields;
preparing and prosecuting patent applications, including reissue and reexamination applications;
representing clients in patent interference proceedings before the U.S. Patent and Trademark Office;
providing comprehensive brand management services, including registering and enforcing trademarks;
negotiating and preparing licensing and technology transfer agreements;
providing freedom-to-operate and infringement-avoidance counseling;
advising on intellectual property aspects of public securities offerings and private capital investments, including due diligence; and
litigating patent, trademark, copyright, trade secret, unfair competition, and related antitrust matters.

Maritime

Nixon Peabody’s long history of work with the maritime industry has provided the firm’s attorneys with rich experience on a wide range of issues involving China-related maritime trade and commerce, including the development of ports and other marine transportation infrastructure, including marine terminals; construction and financing of ships; and work with freight forwarders, customs, and a wide range worldwide of maritime regulatory bodies.

International dispute resolution

Arbitration and even mediation are now important methods of dispute resolution in China. Our attorneys have successfully represented clients in proceedings administered by many of the world’s leading dispute resolution bodies. We are able to represent businesses and individuals in any country and on any type of case.

Project finance

Nixon Peabody is well known for its ability to finance large-scale infrastructure projects, such as power plants and water treatment facilities. We succeed in initiating projects, closing transactions, and anticipating and avoiding pitfalls during project development around the globe.

International trade

Our attorneys are experienced in a wide variety of regulatory issues concerning trade with China, including antidumping, countervailing duty, and “escape clause” issues; export regulation compliance; and U.S. Foreign Corrupt Practices Act (FCPA) matters. We develop and implement trade-related government relations strategies that help clients navigate through complex trade-related issues.

Franchising

Barriers to entry into the Chinese franchise market are considerable. Nixon Peabody has been representing franchise industry clients for more than 25 years. Our lawyers have extensive, practical knowledge of the industry and provide comprehensive legal services to those interested in the Chinese franchise market. We have advised several clients on their options for expanding their franchises into China.

Sample transactions

Our attorneys have been involved in a wide range of representations of U.S. clients looking to invest in China, as well as Chinese clients seeking opportunities abroad:

Represented a Chinese semiconductor company in connection with its Series C financing
Represented a Chinese mining company in connection with its U.S. stock market listing and subsequent PIPE transaction
Represented a Chinese pharmaceutical company in connection with its U.S. stock market listing
Represented a U.S. pharmaceutical company in connection with its distribution arrangements in China
Represented a U.S. technology company with manufacturing and reseller arrangements in China
Represented a Hong Kong company in connection with the protection and enforcement of intellectual property rights in the United States
Represented a Chinese developer in connection with the acquisition and development of real estate in the United States
Represented a consortium of U.S. investment banks in the first major acquisition of a portfolio of nonperforming loans of a Chinese bank

Overview People News Publications Brochures NP Trial Services Index Search Services:	China Practice Click here to view this practice area description in Chinese Almost 30 years have passed since the doors to China were reopened. Since that important date in 1979, few people could have predicted the dramatic change that has swept through China. Today, China continues to be a place of dramatic growth and change. There are tremendous opportunities and formidable challenges, and the pace of business is mind-boggling. For years, the attorneys in Nixon Peabody’s China Practice have been helping clients meet the challenges of doing business in this dynamic economy. We help U.S. clients structure and venture capital and private equity investments in China, resolve business and trade disputes that arise in China, protect and enforce our clients’ intellectual property rights in China, and structure and document acquisitions of Chinese domestic companies. In addition, with the adoption by the Chinese government of its policy of Zou Chu Guo Men, Chinese domestic companies are seeking to become large, global competitors and enter foreign markets. We represent these Chinese companies in their expansion into the United States. We advise them not just on the legal complexities, but also in cultural, political, and other areas in which they must have knowledge and experience in order to be successful and satisfied with their new business ventures. Examples include representing Chinese clients in acquisitions of U.S. companies and operations, public and private stock and debt offerings, employment contracts and other organizational issues, and business litigation. Our approach is practical and effective. We are able to reconcile Western and Chinese legal concepts, understand Chinese culture and negotiating style, negotiate transactions in Chinese, conduct due diligence of Chinese-language documents, and prepare the dual-language documentation often required for transactions in China or for Chinese clients. Our attorneys stay current on the continuing changes in China’s financial, business, and regulatory environments. We understand the nuances of doing business there, and our relationships with key Chinese law firms and other professionals enable us to provide sophisticated support and service on the ground from Hong Kong to Shanghai to Beijing and the other rapidly developing business centers of China. With proven strength across multiple practice areas and locations, we have the capability and resources to offer assistance on almost any China-related transaction, dispute, or operational issue. Venture capital and emerging growth Our attorneys are experienced in the formation and financing of China-related businesses, and we assist these businesses with strategic growth options, such as venture capital financing, mergers and acquisitions, and public offerings. Our clients work in a wide variety of industries, some of which are life sciences, clean technology, new media, software, Internet, semiconductor, consumer products, finance, insurance, manufacturing, transportation, hospitality, agriculture, and natural resources. We advise on a diverse spectrum of financial transactions, including private placements, IPOs, LBO transactions, PIPEs, licensing, and OEM and product distribution strategies. We also have extensive connections to the venture capital, private equity, and hedge funds that are actively engaged in transactions related to China. Technology and intellectual property We help clients protect and defend their intellectual property rights across the globe and have extensive experience representing clients on IP issues throughout Asia, including China. Additionally, as many transactions in China involve the licensing of technology or other IP or outsourcing arrangements, our attorneys are skilled at managing these often complex relationships. We offer a blend of superior legal skills, engineering knowledge, and business judgment to assist our clients in maximizing competitive advantages while minimizing risks. Our services include developing effective corporate intellectual property protection, licensing, and portfolio management strategies; counseling clients on the acquisition and exploitation of domestic and international intellectual property rights in all technology fields; preparing and prosecuting patent applications, including reissue and reexamination applications; representing clients in patent interference proceedings before the U.S. Patent and Trademark Office; providing comprehensive brand management services, including registering and enforcing trademarks; negotiating and preparing licensing and technology transfer agreements; providing freedom-to-operate and infringement-avoidance counseling; advising on intellectual property aspects of public securities offerings and private capital investments, including due diligence; and litigating patent, trademark, copyright, trade secret, unfair competition, and related antitrust matters. Maritime Nixon Peabody’s long history of work with the maritime industry has provided the firm’s attorneys with rich experience on a wide range of issues involving China-related maritime trade and commerce, including the development of ports and other marine transportation infrastructure, including marine terminals; construction and financing of ships; and work with freight forwarders, customs, and a wide range worldwide of maritime regulatory bodies. International dispute resolution Arbitration and even mediation are now important methods of dispute resolution in China. Our attorneys have successfully represented clients in proceedings administered by many of the world’s leading dispute resolution bodies. We are able to represent businesses and individuals in any country and on any type of case. Project finance Nixon Peabody is well known for its ability to finance large-scale infrastructure projects, such as power plants and water treatment facilities. We succeed in initiating projects, closing transactions, and anticipating and avoiding pitfalls during project development around the globe. International trade Our attorneys are experienced in a wide variety of regulatory issues concerning trade with China, including antidumping, countervailing duty, and “escape clause” issues; export regulation compliance; and U.S. Foreign Corrupt Practices Act (FCPA) matters. We develop and implement trade-related government relations strategies that help clients navigate through complex trade-related issues. Franchising Barriers to entry into the Chinese franchise market are considerable. Nixon Peabody has been representing franchise industry clients for more than 25 years. Our lawyers have extensive, practical knowledge of the industry and provide comprehensive legal services to those interested in the Chinese franchise market. We have advised several clients on their options for expanding their franchises into China. Sample transactions Our attorneys have been involved in a wide range of representations of U.S. clients looking to invest in China, as well as Chinese clients seeking opportunities abroad: Represented a Chinese semiconductor company in connection with its Series C financing Represented a Chinese mining company in connection with its U.S. stock market listing and subsequent PIPE transaction Represented a Chinese pharmaceutical company in connection with its U.S. stock market listing Represented a U.S. pharmaceutical company in connection with its distribution arrangements in China Represented a U.S. technology company with manufacturing and reseller arrangements in China Represented a Hong Kong company in connection with the protection and enforcement of intellectual property rights in the United States Represented a Chinese developer in connection with the acquisition and development of real estate in the United States Represented a consortium of U.S. investment banks in the first major acquisition of a portfolio of nonperforming loans of a Chinese bank	Contact David K. Cheng, Partner Chair and Managing Partner of China & Asia Pacific Practice 415-984-8342 dcheng@nixonpeabody.com
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