Bingna Guo
Partner
Bingna Guo is a partner in O’Melveny’s Beijing office and a member of the International Litigation Practice. Bingna has extensive experience in cross-border litigation, international anticorruption investigations, international commercial arbitration and mediation, antitrust law, regulatory and compliance matters, crisis management, and complex commercial litigation.
Bingna has litigated cases in various legal jurisdictions, and provides clients strategic and case management advice for parallel proceedings involving multiple jurisdictions. Bingna worked in the litigation department of a leading Chinese law firm under secondment for a period of time, during which she litigated cases before Chinese courts and developed extensive contacts with leading local counsel to effectively coordinate local litigation and dispute resolution proceedings.
Prior to joining the Litigation Department, Bingna worked in the Shanghai office for two years advising clients in cross-border transactions involving China across a broad spectrum of disciplines.
Bingna was named a Hauser Global Scholar for 2001-02 at New York University School of Law, selected by an international committee chaired by the President of the International Court of Justice. She is a member of the New York bar. A native of Shanghai, she also passed the Chinese bar examination in 1999.
Illustrative Professional Experience
- Represented a major Chinese airline company in a lawsuit filed in California over a 2004 plane crash that occurred in China. O’Melveny successfully stayed the lawsuit brought in California on forum non convenience grounds.
- Represented a major Chinese home appliances group in complex commercial disputes cases before U.S. courts and successfully resolved the disputes through mediations.
- Represented a leading global media company in a cross-border litigation case brought by several Chinese citizens involving the Alien Tort Claims Act.
- Advising a Shanghai-based online gaming company in its securities lawsuit in the Southern District of New York.
- Advising a Beijing-based agriculture business company in its securities lawsuit in the United States District Court for the Central District of California and its shareholder derivative lawsuit pending in the Court of Chancery of the State of Delaware.
- Worked on a cross-border litigation against a major energy company brought by former residents of Myanmar (Burma), arising out of investments the energy company’s subsidiaries made in Myanmar (Burma). The litigation was settled on favorable terms to the energy company. O’Melveny’s work on this case was featured in an American Lawyer article naming it the Litigation Department of the Year.
- Advising a Swedish company in resolving its commercial disputes with a joint venture partner in China through court litigation and business negotiations.
- Represented Capital One in an antitrust action brought by American Express following a Department of Justice judgment against Visa and MasterCard.
- Advised a multi-national chemical manufacturer company in a price-fixing investigation brought by the United States Department of Justice, the European Commission, and the Canadian Competition Bureau.
- Represented a leading Italian telecommunications company in an International Chamber of Commerce (ICC) arbitration of a contractual dispute between it and its joint venture partner.
- Advised a U.S. multinational company in an arbitration before the China International Economic and Trade Arbitration Commission involving agency contract disputes.
- Advised a U.S. multinational company in an arbitration before the Hong Kong International Arbitration Center (HKIAC) in a dispute arising out of its acquisition of a Chinese private company.
- Represented a Serbian company in a proceeding before the Intermediate People’s Court of Jinan City, Shandong Province, China, to enforce an ICC arbitration award.
- Advising a large Chinese conglomerate in an HKIAC arbitration of a dispute over the shareholders’ agreement.
Professional Activities
Admitted to Practice, U.S. District Court, Southern District of New York
Member, Business and Industry Advisory Committee to the OECD, China Task Force; American Bar Association
Author, “Economic Analysis of Intellectual Property Law,”
Contemporary Law Review 22 (1998)
Co-Author, Handling Foreign Investment Disputes, China Law & Practice (March 2011);
Conducting Anticorruption Due Diligence in M&A Deals, China Business Review (July-August 2009);
Sued By Your Countrymen in the U.S.? - Implications of the Morrison Case, Caijing Magazine (April 2009);
Alien Concepts for Chinese - why they will struggle in a US courtroom, International Financial Law Review (May 2008, Vol. 27);
Chinese Corporate Governance under the New Company Law: Fiduciary Duties and Minority Shareholder Protection, China Law & Practice (April 2006, Vol. 20, No. 3);
Chinese Corporate Governance under the New Company Law: Shareholder Lawsuits and Enforcement, China Law & Practice (May 2006, Vol. 20, No. 4);
Broadening the Horizons of China’s Domestic Private Sector as the Future Engine of Growth, China Law & Practice (August 2005, Vol. 19, No. 6)
Speaker, “E-Discovery and Its Implications for Chinese Companies,” China Legal IT Summit (Shanghai, November 2010); “Conducting Effective Anti-Corruption Due Diligence for M&As in China,” China Summit on Anti-Corruption (Shanghai, July 2008); “The FCPA Compliance in China,” ABA Section of Business Law Small Business Committee Meeting (Charleston, January 2007)
Awards, Named a Euromoney “Rising Star” at the 2011 Asia Women in Business Awards and published in the
International Financial Law Review, part of Euromoney.
Languages, English; Mandarin Chinese; Shanghainese