O'Melveny is recognized as one of the leading international law firms in China, with a practice covering a broad range of industries, clients, and matters. We offer a unique combination of Chinese local know-how and international law firm excellence.
We pride ourselves on the fact that our China practice operates as a single, large, integrated operation rather than as three separate offices. Client matters are staffed across offices depending on the experience needed for the project and our staffing availability. Our operations are also closely integrated with China practice groups located in our offices in the United States, Europe, Japan, Korea, Singapore and Indonesia. We have approximately 100 professionals in our China practice, including 16 partners and a large group of talented counsel, associates, and legal consultants with diverse backgrounds and experience. Unlike many other international law firms, we have chosen to locate most of our practice's lawyers and consultants on the ground in mainland China.
Most of our lawyers in mainland China speak fluent Chinese and provide an international perspective, having practiced both inside and outside China. They are either Americans or other foreign nationals who have moved to China or native Chinese who have studied law abroad and returned home to practice. Our legal consultants are graduates of the finest Chinese law schools.
We have offices in Beijing, Shanghai and Hong Kong — the key commercial centers in China. Our Shanghai location, originally launched in the early 1990s, is one of the largest offices among international law firms in that city. Licensed in 2002, the Beijing office has grown substantially and maintains an unusually diverse and vibrant practice. In Hong Kong we combine knowledge of local and US law to serve many of our international financial institution, investment fund, and other clients operating in China and Southeast Asia.
The Beijing office handles the full range of O'Melveny's transactional practice, including foreign direct investment, mergers and acquisitions,
capital markets, private equity and venture capital, technology licensing, and investment fund formation and counseling. Beijing is also the center of our tax practice in China, a service that complements and supports the transactional work in China and across Asia.
With its location in China's capital, the Beijing office is the natural focus for matters that involve regulatory actions by either the Chinese or US governments. On the Chinese side, we assist multinational corporations in obtaining the numerous central government approvals and licenses required to transact business in China. The office also advises foreign exporters subject to trade remedy investigations by China's Ministry of Commerce and helps US corporations comply with the numerous US government regulations that apply to their businesses in China, including export controls, the Foreign Corrupt Practices Act, and the foreign business aspects of the Sarbanes-Oxley Act. Attorneys in our Beijing office also comprise leading experts on China's Anti-Monopoly Law and international merger control rules generally that impact acquisitions involving China.
Further, the Beijing office handles many litigation matters for both Chinese and multinational corporations that arise in the course of investment in and trade with China, including arbitration and mediation, both in China and other jurisdictions, and assistance with litigation. Because O'Melveny is a foreign law firm, we may not represent parties in Chinese courts. However, our lawyers often are asked to advise on litigation strategy or to provide advice on particularly complex issues that arise in transnational litigation, such as intellectual property matters, conflict of laws issues, and the applicability and interpretation of international legal agreements, e.g., the various WTO agreements, the Vienna Convention on the International Sale of Goods, INCOTERMS, and the ICC Uniform Customs and Practice for Documentary Credits.
In conjunction with the Firm's other offices, the Beijing office also assists Chinese companies with legal matters in the US, Hong Kong and other overseas jurisdictions. This includes securities offerings and listings in the US and Hong Kong capital markets, cross-border acquisitions, representation of Chinese exporters subject to US trade investigations, and representation of Chinese companies that have been sued in US state or federal courts.
The Beijing office has six US-qualified partners, twelve US-qualified associates; and close to forty professionals in all. Nearly all of the office's professionals and support staff are fluent in both Mandarin Chinese and English.
We have strong China practice connections with each of our US, Japan, and European offices, whose lawyers specialize in China-related work, facilitating global coverage for cross-border undertakings. Examples include our group of lawyers residing in Silicon Valley who handle corporate, intellectual property, and securities litigation work for China-related companies, our Japanese bengoshi stationed in China to serve Japanese clients in China, and our solicitors in London who advise Chinese clients on UK and European transactions.
We maintain a substantial library of reference books, precedents, research memoranda, legal clippings, and other materials on Chinese legal and economic developments that we update on a continuous basis. Through our presence and contacts in China, we follow changes and developments in the regulatory and business environment that may affect our clients on a day-to-day basis.
- Our China offices regularly publish Topics in Chinese Law, in-depth research reports on areas of current interest in Chinese law, and The O'Melveny China Law and Policy Digest, a bulletin of recent Chinese laws and regulations. Both publications are available free of charge to our clients.
- Most of our lawyers are fluent in Mandarin and other Chinese dialects and have extensive experience in the Chinese legal and business environment.
- We are skilled in the reconciliation of Western and Chinese legal concepts and the preparation of dual-language documentation required for transactions in China. We also are able to deploy teams to conduct due diligence on Chinese language documents and to negotiate transactions in Chinese where appropriate. We have a dedicated team of professional translators experienced in legal terminology.
- We can operate in the most remote locations throughout China efficiently and in real-time, producing Chinese and English language documents both in our offices and at the negotiating site and transmitting documents throughout our network of offices.
- Our team's years of experience in China have produced a rich accumulation of contacts in government and legal circles throughout the country, which can be tapped to meet the needs of our clients' business activities.
- To augment the resources of our China team, we maintain close working relationships with local law firms throughout China. These relationships enable us to provide rapid, comprehensive service and advice to our clients.
- Business Tax
Our lawyers help clients develop innovative tax solutions to optimize their tax position. We are one of the few international law firms with Chinese and international tax capability. A team of professionals in our China Practice concentrate on tax matters. In addition to corporate tax matters, our tax capabilities include significant non-corporate tax matters such as indirect taxes, VAT and business tax, customs, and individual income tax planning for high net worth individuals. As a result, we are able to provide clients with tax advice that synthesizes complicated foreign country and Chinese tax issues, including the interaction between preferential Chinese tax policies and foreign country rules for taxation of their residents' overseas operations. Typical issues involved include developing a net tax efficient investment structure, tax treaty planning, availability of foreign tax credits, obtaining deferral, and minimizing withholding taxes.
- Entertainment, Sports and Media
Leveraging our preeminent U.S. entertainment and media practice, we advise clients with respect to the development, financing, distribution and licensing of films and television programs in China and Hong Kong, and of Chinese films and television programs abroad. We have also advised leading regional television companies with their listings and private equity financings. We have advised international entertainment companies with respect to their cinema and audio-visual product manufacturing projects in China.
- Project and Infrastructure Finance and Development
- Intellectual Property and Technology
We represent a variety of hi-tech companies, both hardware and software, with respect to their legal matters in China. We are particularly familiar with the government incentives offered to hi-tech projects, and the special regulatory regimes and intellectual property protection measures that are applicable to such companies. We have counseled clients on numerous technology licensing transactions in China. We are familiar with the potential remedies available for infringement of intellectual property rights.
- International Arbitration
We have one of the leading dispute resolution practices in China, including investment and trade disputes. Lawyers in our China offices have served both as arbitrators and as counsel under the rules of all the leading international arbitration organizations and have represented foreign parties in numerous China-related arbitrations, including arbitrations before the China International Economic and Trade Arbitration Commission. We frequently work with local counsel in litigation in the Chinese courts. We have also assisted both Chinese and foreign clients in several complex disputes that involved simultaneous, inter-related litigation or arbitration in China, Hong Kong, Singapore, the U.K., and the Caribbean.
- Real Estate
We represent a variety of developers, financiers, purchasers, and managers with respect to real property projects in China. We have developed a particular expertise with respect to the acquisition of distressed real estate assets. We have represented lessors and lessees in a variety of lease contract negotiations.
O'Melveny & Myers LLP is a limited liability partnership organized and registered under the laws of the State of California. A list of the names of the partners and their professional qualifications is open to inspection at any of its offices. Our professionals in our London and Hong Kong offices practice through local entities -- O'Melveny & Myers LLP, a limited liability partnership registered in England (registered number OC307988) and regulated by the Law Society of England and Wales in London; and O'Melveny & Myers, Solicitors in Hong Kong. Unless otherwise stated, lawyers in our offices in Japan, China and Europe are not solicitors or licensed as local lawyers in the jurisdiction in which their office is located. O'Melveny & Myers attorneys in China are registered as foreign lawyers under Chinese law and practice in accordance with the terms of that law.