In 1993, Davis Wright Tremaine became the first U.S. law firm authorized to open a law office in Shanghai. With more than 15 years on the ground in China, our firm has been helping clients from many industries continue to prosper in China through good times and bad. We understand the current challenges facing our clients and also the lessons that can be learned from prior economic downturns. Now more than ever, it makes sense to select lawyers with long and deep experience in China.
The lawyers in our Shanghai and U.S. offices work together closely. This close integration allows us flexibility in offering our clients the option of working with lawyers in their own time zone as well as providing them with access to a wide range of expertise. We continue to represent regional and multinational companies in traditional manufacturing and service industries, many of which have been engaging us since the early years of our Shanghai office. With China’s further opening in recent years, we now are also representing many clients in new industries, including distribution, retailing, new technology, Internet and media, e-commerce, environmental and clean technology, financial and professional services, advertising, real estate, construction, health care and investment funds.
We are dedicated to helping our clients achieve their business objectives in a pragmatic and cost-effective manner. Our practice areas are as diverse as our clients’ needs. They include the following:
Foreign direct investment and M&A
Since the opening of our Shanghai office, the core of our practice has been foreign direct investment. In recent years, this has expanded to include merger and acquisition transactions involving the purchase and sale of existing Chinese companies and foreign-invested enterprises. Having been in China through several up and down business cycles, we have also gained years of experience with restructuring, downsizing and otherwise working out troubled ventures and relationships.
Intellectual property protection
Protecting intellectual property rights (IPR) is one of the most significant challenges facing businesses today in China. We help clients protect and enforce IPR by drafting appropriate agreements and licenses or by working with Chinese lawyers in administrative, civil or criminal actions.
Labor and employment
We counsel clients on Chinese employment laws, including individual and collective labor contracts, secondment arrangements and contracts, and confidentiality and noncompetition agreements. We also help develop company policies and employee handbooks and conduct education and training sessions on employment issues.
Franchising and chain operations
When China began allowing foreign businesses to have franchising and chain store operations in 2004, our firm already had significant experience with pioneering retailers in this area. We handle operational and licensing contracts, develop appropriate onshore and offshore structures, secure various governmental approvals, and deal with operational issues such as foreign exchange and customs, import duties and logistics.
Land use and real estate
We negotiated China’s first agreement permitting a foreign company to use land in China, which triggered the start of the commercial use of land with monetary compensation and the ensuing robust real estate market in China. We have advised numerous manufacturing companies and property developers in their commercial, residential and industrial developments in China.
Chinese Customs
China's Customs authorities have intensified their operations, with an increasing number of investigations of multi-national companies to enforce Customs classifications and duties. We help our clients develop strategies for classifying products and, within the scope of our authority under Chinese law, we help them respond to China Customs investigations, demands and administrative proceedings.
Litigation and dispute resolution
Our clients have found that dealing with cultural differences in China can be a barrier to protecting their interests effectively. Because Chinese law limits our ability to practice before their courts, we assist our clients by collaborating with local Chinese law firms to develop effective litigation strategies.
Government relations
Our government relations team helps guide clients through the political and bureaucratic intricacies of doing business in China.
Assisting clients in many industries
Our multi-office, multidisciplinary organization enables us to provide cost-effective solutions to a wide range of issues for clients in many industries, including these:
- Manufacturing and sourcing
- Retail
- Media, entertainment and advertising
- Information technology
- Internet and e-commerce
- Insurance and financial services
- Hotels and hospitality
- Professional services
- Energy, natural resources and climate change
- Transportation and logistics
- Construction companies, real estate developers and management services companies
- Telecommunications
Like all foreign law firms in China, we are subject to Chinese legal restrictions on our ability to provide certain services, such as appearing in Chinese courts and issuing legal opinions on Chinese law. We have developed a strong network of professional and local counsel to assist us when appropriate, in providing a full range of legal services to our clients.
Our service will be flexible and client oriented, with reasonable billing rates for both our Shanghai and U.S. offices. |