Our diverse experience

Whatever your legal issue, we have almost certainly handled it before. And, whatever your type of business, we have most likely dealt with it before. Industry experience in our China practice group includes:

• Manufacturing
• Hotel and hospitality
• Retail and distribution
• Energy
• Real estate development
• Automotive
• Banking and finance
• Airlines
• Insurance

Our lawyers are adept at melding industry-specific needs with a sophisticated understanding of how to do business in China. The result? A smoother route to success for our clients.

Foreign direct investment

Foreign direct investment continues to flow into China at a record pace. Our special expertise is assisting companies in developing a strategy for establishing business in China , setting up the business entity, and negotiating and drafting the agreements necessary to allow the entity to begin operations. It doesn’t matter whether your company will be established in one of the Economic Zones, whether it will be a Wholly Foreign Owned Entity, or whether it happens to be in a sector of the economy in which a joint venture partner is still required: our attorneys are familiar with all of the laws, rules and regulations affecting you and your business.

Once your business operations are established, we can help with all of the day-to-day legal needs, including:

• Negotiation and drafting of office and manufacturing facility leases
• Purchase and sale of land use rights
• Negotiation and drafting of employment, supply and distribution agreements
• Protection and licensing of trademarks, patents and copyrights
• Review of advertising material for compliance with unfair competition and advertising laws
• Development of strategies for litigation and arbitration proceedings
• Creation of strategies for administrative proceedings such as Customs investigations

Mergers and acquisitions

Many of our clients have purchased state owned assets or enterprises, bought out one of their joint venture partners or purchased the business of a local competitor. We have a wealth of experience in mergers and acquisitions, including:

• Assisting leading U.S. companies in the manufacturing and biotech industries in corporate restructure projects involving Chinese partner buy-outs, relocation of physical facilities, real property sales and purchase and sophisticated tax planning
• Representing one of the largest companies in the U.S. in acquiring a British Virgin Islands company that is a participant in a joint venture in Shanghai
• Representing a U.S. company in negotiating with a Chinese bank/creditor for the buy-out of the Chinese interest in a U.S.-Chinese joint venture
• Representing a world-leading Internet portal in the purchase of an Internet portal in China

Intellectual property protection

The protection of intellectual property rights (IPR) is one of the most significant issues facing businesses today in China . Our China Practice Group has substantial experience in assisting clients in the protection and enforcement of IPR, whether through the drafting of appropriate agreements and licenses to protect these rights through administrative, civil or criminal action. Our attorneys have extensive experience in the registration of trademarks, copyrights and patents and the enforcement of numerous IPR before the various tribunals in China .

Hotel and hospitality industry

Our attorneys have experience in all phases of hotel development, construction, management and operations throughout mainland China . This includes one of our attorneys who was previously in-house counsel at the largest hotel chain in China . Our attorneys have dealt with and are familiar with the negotiation and drafting of hotel development and management contracts in hotel projects; the local COFTECS and the process of obtaining approvals for management contracts and business licenses for international operators; handling the daily aspects of the owner/operator relationship, including disputes caused by an owner's breach of contract, owner's dissatisfaction with operator's performance, staff issues, interpretation of terms and conditions of management contracts, operator's changes of policies, operator's demands for fee increases, disputes regarding the calculation of fees, third party concessions, unexpected natural disasters and de-flagging. We also have extensive experience in developing appropriate trademark registration coverage and systems for international hotel operators and the successful enforcement of trademark rights.

Retail industry practice

China 's retail markets are opening up like never before as China continues to relax the restrictions on foreign investment in the retail sector. Our China practice group can help you establish and operate your retail business, thanks to our substantial experience in setting up retail operations, negotiation and drafting of leases for retail space and providing advice on Chinese laws relating to advertising and unfair competition. We have represented several equity and cooperative joint ventures throughout the coastal provinces of China in the construction and operation of retail stores. We have represented one of the largest food and drink companies in the world in connection with the expansion of its operations and investment by approximately 30 retail locations.

Labor and employment

Labor and employment is one of our key areas of expertise. We have substantial experience in advising clients on recruiting, employer-employee relations, training, non-compete and confidentiality agreements, employee termination and downsizing and post-employment matters such as litigation and other forms of dispute resolution.

Franchising and chain operations

China will open up the ability of foreign firms to have franchising and chain store operations at the end of the year 2004—DWT already has experience in this area. We have provided advice and consultation to major food and beverage companies regarding their expansion into China . We provide the full range of services in this sector, including the negotiation and drafting of operational and licensing contracts, developing appropriate onshore and offshore structures, planning trademark and trade secret protection arrangements, seeking various government approvals, and dealing with operational issues such as foreign exchange and Customs, import duties and logistics.

Land use rights, real estate development, construction and architecture

DWT attorneys have advised numerous property developers in their commercial, residential and industrial developments in China . We provide services relating to land use rights acquisition, project planning, construction and design, project management and property leasing and sales. We have also represented a number of construction and architectural firms in establishing operations here and in bidding on projects in China. Examples of our experience include:

• Represented many companies in connection with the design and construction of factories, office buildings and retail stores in Guangdong , Shanghai , Suzhou , Dalian , Chongqing and Shandong Provinces .
• Negotiated and drafted land-use contracts for joint venture companies to develop industrial parks in Tianjin and in Shandong Provinces.
• Represented one of the largest construction companies in the world in its bidding for the construction of a nuclear power plant project in China .
• Represented several architectural firms in establishing their offices in China and bidding for governmental and industrial projects in China .
• Represented many multinational companies in the negotiation of factory (including build-to-fit), store, office and residential leasing contracts.

Telecom and eCommerce

The telecom and eCommerce area is another area in substantial transition. We have provided advice to Internet portals, major software manufacturers and telecom companies on various aspects of the telecom and eCommerce business in China . We have advised one of the largest Internet portals in the world on the Chinese legal environment relating to Chinese and foreign portals, media and telecom providers and have prepared thorough and in-depth legal reports 3 regarding laws and practices in China for eCommerce. We have represented an equity joint venture in connection with its provision of telecommunications services and equipment in China .

Energy

Our attorneys have extensive industry experience in the energy field and many areas of project finance. We have represented:

• A cooperative joint venture in Zhejiang Province to construct and operate a coal-fired electrical power plant
• Two equity joint ventures in Guangdong Province to construct and operate oil-fired electrical power plants
• A coal fired electrical power facility in northern China in connection with its project financing
• A mezzanine financing for a power project in Southern China

In addition, DWT's energy lawyers have substantial industry experience, including hands-on experience in the electric and natural gas industry. Many of them have worked in-house at the largest investorowned, federal, and municipal utilities in the United States and also have considerable working with governmental agencies on a myriad of energy issues. We are able to bring that expertise to bear on our clients' opportunities and problems here in China .

China customs proceedings

China ’s Customs authorities have intensified operations, with an increasing number of investigations to enforce Customs classifications and duties. We have the expertise to help develop strategies for the classification of products. Working within the rules relating to foreign law firms practicing in China , we also have the best skills for developing successful strategies to respond to China Customs investigations, demands and administrative proceedings.

Litigation and dispute resolution

Our clients have found that dealing with cultural differences in China is a barrier to effectively protecting their interests. Because Chinese law limits our ability to practice before the courts in China , we have accrued significant experience in assisting clients by working with local Chinese counsel to develop litigation strategies. These relationships create the best possible scenario for our clients: the ability to work with a firm in which English is the first language, where American business and culture are thoroughly understood—a firm that can also work smoothly with Chinese lawyers when such collaborations are required.

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