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Revamping China’s Law in the Midst of Trade War: What’s Happening Lately?
2019/11/12 @ 6:00 PM - 8:00 PM
While the headline news tracks every ebb and flow of the trade negotiation between the US and China, the accompanying infrastructural changes in China’s laws and regulations have escaped the mass media’s attention. Yet these changes have far-reaching impacts on cross-border transactions in the business world, and legal/business professionals may exploit these changes and gain advantages over their competitors. For this event, CALOBA invites leading attorneys versed in corporate and IP laws of both countries to give a primer on these substantive changes, utilization of which will be explained by key in-house counsel that are in charge of implementing the business rules of engagement in multinational technology companies.
It’s a special opportunity for the Bay Area’s legal/business professionals to learn the latest developments in China’s foreign investment law, customs clearance, technology transfer requirements, and much more, as well as how to take advantage of them.
Continuing Legal Education (CLE) credit is pending approval. Light dinner will be served, courtesy of our co-sponsors, Fenwick & West LLP and JunHe LLP.
Panelists (in alphabetical order)
Chen Gu, Head of IP Legal, Lime
Adam Li, Partner, JunHe LLP
Mark Ostrau, Partner, Fenwick & West LLP
Parker Zhang, Legal Director, Baidu USA
James Zhou, Partner, JunHe LLP
Andrew Klungness, Partner, Fenwick & West LLP
Chen Gu worked for twelve years as an engineer for Intel Corporation, then for two years as a legal analyst for the same company. He is a member of the Virginia Bar and practiced patent law in various law firms in the DC area, as well as having worked for a short stint as a patent examiner at the USPTO. He subsequently worked as in-house counsel for Western Digital, and then as a Senior IP Counsel for Tencent America, supporting US patent prosecution and management of a standard essential patent portfolio covering video coding technology. Recently, Chen transitioned to Lime as Head of IP Legal, supporting all Lime's IP matters.
Andrew Klungness focuses his practice on intellectual property and technology transactions. Leveraging nearly two decades of legal and business experience, Andrew navigates clients through the opportunities and risks related to innovation and disruption, which are faced by both emerging and mature companies. He counsels clients in a number of industries, including e-commerce/retail, mobile, enterprise technology, hardware, social media, interactive entertainment, digital media, consumer products, edtech, and fintech, among others. Andrew leads significant and complex strategic alliances, joint ventures and other collaboration and partnering arrangements, which often include intellectual property rights or technological innovation. Apart from his transactional practice, he provides strategic counseling regarding best practices to reduce the risks associated with doing business on digital platforms, from online, to mobile and social media, connected devices and VR/AR platforms. Andrew has been recognized as a top technology transactions attorney in Santa Monica by Super Lawyers (2015-2019) and noted as one of the top partners to work for by Above the Law.
Adam Li has been widely recognized as a deal maker and M&A lawyer, specializing in cross-border investment/financing, M&A, private placement and IPO, in the PRC and the US. He has advised clients ranging from Fortune 500 companies, private equity and venture capital funds to entrepreneurs and scientists. He has led several deals-of-the-year cross-border M&As, landmark IPOs and bond issuances listed on the stock exchanges in Shanghai, New York, Hong Kong, London and Singapore. Adam has been practicing for 27 years with top law firms in the PRC and the US, and has gained sophisticated experience in dealing with complicated projects. He has been named as a “leading lawyer” by Chambers, the International Financial Law Review, and the International Who’s Who of Mergers and Acquisitions Lawyers, etc. for his performance in M&A, general corporate, capital markets and private equity. As a trailblazer in the PRC, he was the key founder of a Red Circle firm earlier in his career and was honored as one of “China’s Ten Best Lawyers” by the Ministry of Justice of the PRC.
Mark Ostrau is Chair of the Antitrust and Trade Regulation Group at Fenwick & West, where he assists technology companies in acquisitions, licenses and other commercial transactions and advises clients on a wide variety of antitrust, foreign investment review and other regulatory issues. Mark's practice includes regularly representing clients before the FTC, the Department of Justice, the Committee on Foreign Investment in the U.S., and various foreign government antitrust agencies. Because of the critical importance of China to U.S. technology companies, he is often called on to navigate these issues for transactions involving Chinese technology companies or technology investors. Mark has written and spoken on a variety of antitrust and licensing topics relevant to technology industries. He was a contributing author and/or editor for the ABA Antitrust Section handbooks Antitrust in Technology Industries, Premerger Notification Practice Manual, and Intellectual Property Misuse: Licensing and Litigation. He is a graduate of Yale University and Stanford Law School.
Parker Zhang started as a patent attorney in Fenwick & West LLP, and joined HP as an IP counsel in 2011. Attracted by China’s excitement, Parker returned to Beijing to join Baidu to start its Patent department. In addition to serve as the patent director, Parker worked as the CEO business assistant for 2 years, before moving back to the US to work as the local legal director for Baidu USA. Parker received his Bachelor degree in Computer Sciences from Peking University, Master in Computer Sciences from University of Texas at Austin, and Juris Doctor degree from University of Michigan at Ann Arbor.
James Zhu is the head of the firm’s intellectual property group and the Silicon Valley office, splitting his time between the US and China. James' practice includes patent procurement, opinion, analysis & strategy, litigation and technology licensing. He primarily focuses on life sciences, material sciences, medical devices, and electronics. James represents international clients in obtaining and enforcing their patent rights in China. In particular, James assists international clients to prosecute their patent rights, design intellectual property (IP) strategies for their market entry into China, conducts complex IP due diligence and risk analysis in business transactions, and enforces or defends IP rights by leading litigation or invalidation efforts. Prior to JunHe, James spent eight years at Perkin Coie LLP, became a partner in Perkins Coie's Los Angeles Office and then the Managing Partner of Perkins Coie's Beijing Office. Prior to his advancement in law, James was a co-founder & General Counsel of GanTech International, a Silicon Valley start-up where he spearheaded fund-raising, legal and business development activities. In the early 1990’s, James was a researcher at Merck & Co. James is a frequent author and speaker on various intellectual property related subjects, including chapters in books as well as articles in journals such as IP Business & Law & National Law Journal. James also sat on the Boards of BayHelix Group and Wu-Ray Society. The BusinessWeek recognized James as one of most influential "sea turtles" (US returnees) in the Sino-American community.
About Fenwick & West LLP
Fenwick & West LLP provides comprehensive legal services to ground-breaking technology and life sciences companies at every stage of their lifecycle. We craft innovative, cost-effective and practical solutions for established and emerging companies on issues ranging from venture capital, public offerings, M&A and strategic relationships, to intellectual property, litigation and dispute resolution, taxation, antitrust, and employment and labor law. For more than four decades, Fenwick has helped some of the world's most recognized companies become and remain market leaders. For more information, please go to http://www.fenwick.com.
Celebrating its 30 years of history serving US and China business transactions, JunHe LLP-a leading PRC corporate law firm with more than 800 attorneys throughout more than 10 offices in China, provides comprehensive PRC corporate, commercial and IP solutions for US clients doing business in or with China. We also partner with our US friend firms based in the Bay Area and nationally to serve our clients based in Great China to invest in the US. JunHe prides ourselves with top notch service quality and deep involvement in the local community. We warmly welcome your visit to our US offices in Palo Alto and New York City, and look forward to collaborating with our friends.