Mainland China & Hong Kong
Mainland China and Hong Kong continue to provide opportunity as well as risks for multinational clients. Seyfarth's employment law and commercial legal teams with experience in more than 170 countries offer a coordinated, multidisciplinary approach that keeps clients’ business objectives on the radar at all times.
HOW WE HELP
Our experience in mainland China and Hong Kong has seen Seyfarth become a trusted advisor to some of the world’s leading organizations.
EMPLOYMENT
Our employment lawyers are well versed in the wide range of legal issues unique to companies employing personnel in mainland China and Hong Kong, as well as on a cross-border basis across the region. We provide assistance on issues ranging from day-to-day matters to large and complex multi-jurisdictional employment law projects, employment compliance, investigations, and employment litigation.
CORPORATE AND COMMERCIAL
Our corporate and commercial practice focuses on cross-border mergers and acquisitions, corporate restructuring, general corporate and commercial, and corporate strategies. Our on-the-ground presence in mainland China and Hong Kong helps our international clients explore and realize their legal and commercial business opportunities in the Greater China Region.
CAPITAL MARKETS
Our capital markets practice thrives off the strong relationships we have established with issuers and sponsors. We cover a wide range of corporate finance activities, such as initial public offerings (IPOs), public takeovers, privatization, follow-on fundraising, and spin-offs. Major international corporations worldwide, including some headquartered in North America, the Asia Pacific, and the Greater China region, look to us for assistance with domestic and international capital markets transactions. Our team of capital markets lawyers are equipped to guide our international clients through the legal hurdles of international and domestic IPOs.
REGULATORY COMPLIANCE
We assist companies to successfully and proactively navigate through an increasing maze of conveyancing, health and safety, corporate governance, privacy and security, and other real estate related laws and regulation.
REAL ESTATE
Our team has substantial experience in acting for multi-national companies and their overseas subsidiaries, in particular, state-owned companies, listed or non-listed, in various outbound and inbound transactions involving real estate assets in the PRC, UK, US, Southeast Asia, Japan, Russia, and Africa. We help clients to complete many transactions successfully, including greenfield investment, brownfield investment, restructuring, joint venture, financing, asset securitization, leasing, property management, acquisition, disposal, and public take-overs.
TAX PLANNING
Tax planning is important for structuring any real estate or merger and acquisition transaction. This is particularly so for our clients with significant real estate and company portfolios in multiple jurisdictions. Our cross-office tax team can provide multi-jurisdictional tax planning services for clients’ cross-border transactions.
FAMILY OFFICE, TRUST AND ESTATE PLANNING
Wealthy families and their advisers require sophisticated legal services across multiple disciplines. Working with our other offices abroad, our experience encompasses the full range of issues, including tax planning and controversies, setting up and administering family offices, estate planning, trusts and estates administration, business succession planning, charitable giving, and fiduciary litigation.
DISPUTE RESOLUTION
Our legal advice spans all forms of dispute resolution. Our professional team of lawyers help our clients solve cross-border and domestic disputes effectively. Through our offices in mainland China and Hong Kong, we draw on our close working relationships with highly regarded domestic and overseas law firms to represent our clients in Asia and beyond. Whether our clients are involved in commercial disputes, complex labor employment proceedings, or regulatory investigations, we are committed to help them overcome the legal hurdles.
THE SEYFARTH EXPERIENCE
Our experience in employment and commercial law is strengthened by Seyfarth’s international service model, which puts in place an experienced central point of contact for all international matters. For matters outside the region, our service model brings in only those lawyers with a true international expertise, and we have a series of long-standing and very well-tested and reliable relationships with top local counsel across the region, and the globe.
Recent examples of our multidisciplinary work in mainland China and Hong Kong include:
Employment
- Advised a leading multinational financial services client on its bring your own device (BYOD) policy across the Asia-Pacific region.
- Successfully defended a multinational technology client in mainland China in 10 arbitration/litigation cases where the employees claimed reinstatement of employment or damages for illegal termination after being terminated for misconduct or other reasons.
- Advised a Mexican wholesale distributor on various employment and corporate matters in relation to the company's set up of a Hong Kong office and entity, management of its existing mainland China business, and a termination case in its Xiamen rep office.
- Advised a major energy client on several employment concerns, including compliance issues related to a mainland China employee’s social contribution; an investigation of the mainland China legal representative’s potential misconduct; and a potential employee/contractor misclassification issue.
- Advised an international technology company on a nationwide restructuring in mainland China involving Shenzhen, Shanghai, Beijing and Wuxi. The project involved both the restructuring of entities and transfer of employees.
- Advised several multinational corporations on sexual harassment and discrimination investigations involving senior management in mainland China and Hong Kong.
- Advised a global corporation on a fraudulent phishing scheme and the investigation of employee actions.
Corporate and Commercial
- Represented a mainland China-based seller in the sale of several high-end car dealerships in southern China to a HK listed company. The deal structure consisted of both an offshore share sale and onshore asset sale.
- Advised a large Chinese state owned financial institution on regulatory and compliance matters relating to its outbound projects.
- Advised a multinational client on the restructuring of its Asia recruitment process outsourcing business, including the parallel employment arrangements during the business transition period.
- Represented a UK listed company on its inbound investment and construction development projects in mainland China, which are valuated at $250 million.
- Represented the seller in its disposal of the entire equity interests in an automobile distribution group to a Hong Kong main board listed company at the consideration of approximately RMB 1 billion.
- Advised a leading demolition company in Singapore on its proposed listing on the Main Board of the Hong Kong Stock Exchange.
- Advised a leading family owned lace manufacturer based in mainland China as issuer’s HK counsel in the proposed listing of its shares on the Main Board of the Hong Kong Stock Exchange.
- Advised a leading Malaysian construction company as issuer’s HK counsel in the proposed listing of its shares on the Main Board of the Hong Kong Stock Exchange.
Disputes
- Represented a US multinational company with its successful defense of the largest ever employment law case in mainland China involving the disclosure of confidential information to our client’s competitor.
- Represented a global retail brand in discrimination whistleblowing investigations in Hong Kong and mainland China.
- Represented a high-net-worth individual on multijurisdiction litigation matters valuated at $1.1 billion.
- Represented a leading technology company in multiple labor disputes in which the claimants claimed for compensation for working overtime and wrongful dismissal.
- Represented a leading footwear and accessory brand with an original equipment manufacturer business dispute and the dissolution of a joint venture established by the client’s affiliate and a Chinese company.
- Represented an Australian client on multiple trademark and domain name disputes in mainland China.
- Represented a global e-commerce company on cross-border tax and customs investigations and compliance issues.
- Represented a Main Board Listed Company in Hong Kong in a shareholder dispute.
Related News & Insights
-
Speaking Engagement
11/21/2023
Investigations into Discrimination Complaints - from a HR Manager Point of View
-
Legal Update
10/11/2023
US-China Trade: Outbound Investment Control Regime in Sensitive Technologies
-
Speaking Engagement
10/05/2023
Kathryn Weaver to Present “AI and the Future of Work” at the Hong Kong In-House Community Congress, 2023
-
Speaking Engagement
08/30/2023
Kathryn Weaver to Present In-House Community Webinar, “ChatGPT Policies for the Workplace: Should You Have One, and if so, What Should it Contain?”
Recognition
-
Recognition
01/18/2023
Seyfarth Ranked as 2022 Notable Firm for M&A in Asia
-
Recognition
08/26/2022
Seyfarth’s Paul Haswell Named to Asian Legal Business’s 2022 List of “Super 50 TMT Lawyers”
-
Recognition
01/13/2022
Seyfarth Recognized in The Legal 500 Asia Pacific 2022
-
Recognition
07/22/2021
Seyfarth Earns “Highly Recommended Law Firm” Honors from BTI Consulting in 2021
Mainland China and Hong Kong continue to provide opportunity as well as risks for multinational clients. Seyfarth's employment law and commercial legal teams with experience in more than 170 countries offer a coordinated, multidisciplinary approach that keeps clients’ business objectives on the radar at all times.
HOW WE HELP
Our experience in mainland China and Hong Kong has seen Seyfarth become a trusted advisor to some of the world’s leading organizations.
EMPLOYMENT
Our employment lawyers are well versed in the wide range of legal issues unique to companies employing personnel in mainland China and Hong Kong, as well as on a cross-border basis across the region. We provide assistance on issues ranging from day-to-day matters to large and complex multi-jurisdictional employment law projects, employment compliance, investigations, and employment litigation.
CORPORATE AND COMMERCIAL
Our corporate and commercial practice focuses on cross-border mergers and acquisitions, corporate restructuring, general corporate and commercial, and corporate strategies. Our on-the-ground presence in mainland China and Hong Kong helps our international clients explore and realize their legal and commercial business opportunities in the Greater China Region.
CAPITAL MARKETS
Our capital markets practice thrives off the strong relationships we have established with issuers and sponsors. We cover a wide range of corporate finance activities, such as initial public offerings (IPOs), public takeovers, privatization, follow-on fundraising, and spin-offs. Major international corporations worldwide, including some headquartered in North America, the Asia Pacific, and the Greater China region, look to us for assistance with domestic and international capital markets transactions. Our team of capital markets lawyers are equipped to guide our international clients through the legal hurdles of international and domestic IPOs.
REGULATORY COMPLIANCE
We assist companies to successfully and proactively navigate through an increasing maze of conveyancing, health and safety, corporate governance, privacy and security, and other real estate related laws and regulation.
REAL ESTATE
Our team has substantial experience in acting for multi-national companies and their overseas subsidiaries, in particular, state-owned companies, listed or non-listed, in various outbound and inbound transactions involving real estate assets in the PRC, UK, US, Southeast Asia, Japan, Russia, and Africa. We help clients to complete many transactions successfully, including greenfield investment, brownfield investment, restructuring, joint venture, financing, asset securitization, leasing, property management, acquisition, disposal, and public take-overs.
TAX PLANNING
Tax planning is important for structuring any real estate or merger and acquisition transaction. This is particularly so for our clients with significant real estate and company portfolios in multiple jurisdictions. Our cross-office tax team can provide multi-jurisdictional tax planning services for clients’ cross-border transactions.
FAMILY OFFICE, TRUST AND ESTATE PLANNING
Wealthy families and their advisers require sophisticated legal services across multiple disciplines. Working with our other offices abroad, our experience encompasses the full range of issues, including tax planning and controversies, setting up and administering family offices, estate planning, trusts and estates administration, business succession planning, charitable giving, and fiduciary litigation.
DISPUTE RESOLUTION
Our legal advice spans all forms of dispute resolution. Our professional team of lawyers help our clients solve cross-border and domestic disputes effectively. Through our offices in mainland China and Hong Kong, we draw on our close working relationships with highly regarded domestic and overseas law firms to represent our clients in Asia and beyond. Whether our clients are involved in commercial disputes, complex labor employment proceedings, or regulatory investigations, we are committed to help them overcome the legal hurdles.
THE SEYFARTH EXPERIENCE
Our experience in employment and commercial law is strengthened by Seyfarth’s international service model, which puts in place an experienced central point of contact for all international matters. For matters outside the region, our service model brings in only those lawyers with a true international expertise, and we have a series of long-standing and very well-tested and reliable relationships with top local counsel across the region, and the globe.
Related Practices
Related Regions
Recent examples of our multidisciplinary work in mainland China and Hong Kong include:
Employment
- Advised a leading multinational financial services client on its bring your own device (BYOD) policy across the Asia-Pacific region.
- Successfully defended a multinational technology client in mainland China in 10 arbitration/litigation cases where the employees claimed reinstatement of employment or damages for illegal termination after being terminated for misconduct or other reasons.
- Advised a Mexican wholesale distributor on various employment and corporate matters in relation to the company's set up of a Hong Kong office and entity, management of its existing mainland China business, and a termination case in its Xiamen rep office.
- Advised a major energy client on several employment concerns, including compliance issues related to a mainland China employee’s social contribution; an investigation of the mainland China legal representative’s potential misconduct; and a potential employee/contractor misclassification issue.
- Advised an international technology company on a nationwide restructuring in mainland China involving Shenzhen, Shanghai, Beijing and Wuxi. The project involved both the restructuring of entities and transfer of employees.
- Advised several multinational corporations on sexual harassment and discrimination investigations involving senior management in mainland China and Hong Kong.
- Advised a global corporation on a fraudulent phishing scheme and the investigation of employee actions.
Corporate and Commercial
- Represented a mainland China-based seller in the sale of several high-end car dealerships in southern China to a HK listed company. The deal structure consisted of both an offshore share sale and onshore asset sale.
- Advised a large Chinese state owned financial institution on regulatory and compliance matters relating to its outbound projects.
- Advised a multinational client on the restructuring of its Asia recruitment process outsourcing business, including the parallel employment arrangements during the business transition period.
- Represented a UK listed company on its inbound investment and construction development projects in mainland China, which are valuated at $250 million.
- Represented the seller in its disposal of the entire equity interests in an automobile distribution group to a Hong Kong main board listed company at the consideration of approximately RMB 1 billion.
- Advised a leading demolition company in Singapore on its proposed listing on the Main Board of the Hong Kong Stock Exchange.
- Advised a leading family owned lace manufacturer based in mainland China as issuer’s HK counsel in the proposed listing of its shares on the Main Board of the Hong Kong Stock Exchange.
- Advised a leading Malaysian construction company as issuer’s HK counsel in the proposed listing of its shares on the Main Board of the Hong Kong Stock Exchange.
Disputes
- Represented a US multinational company with its successful defense of the largest ever employment law case in mainland China involving the disclosure of confidential information to our client’s competitor.
- Represented a global retail brand in discrimination whistleblowing investigations in Hong Kong and mainland China.
- Represented a high-net-worth individual on multijurisdiction litigation matters valuated at $1.1 billion.
- Represented a leading technology company in multiple labor disputes in which the claimants claimed for compensation for working overtime and wrongful dismissal.
- Represented a leading footwear and accessory brand with an original equipment manufacturer business dispute and the dissolution of a joint venture established by the client’s affiliate and a Chinese company.
- Represented an Australian client on multiple trademark and domain name disputes in mainland China.
- Represented a global e-commerce company on cross-border tax and customs investigations and compliance issues.
- Represented a Main Board Listed Company in Hong Kong in a shareholder dispute.
Related News & Insights
-
Speaking Engagement
11/21/2023
Investigations into Discrimination Complaints - from a HR Manager Point of View
-
Legal Update
10/11/2023
US-China Trade: Outbound Investment Control Regime in Sensitive Technologies
-
Speaking Engagement
10/05/2023
Kathryn Weaver to Present “AI and the Future of Work” at the Hong Kong In-House Community Congress, 2023
-
Speaking Engagement
08/30/2023
Kathryn Weaver to Present In-House Community Webinar, “ChatGPT Policies for the Workplace: Should You Have One, and if so, What Should it Contain?”
Recognition
-
Recognition
01/18/2023
Seyfarth Ranked as 2022 Notable Firm for M&A in Asia
-
Recognition
08/26/2022
Seyfarth’s Paul Haswell Named to Asian Legal Business’s 2022 List of “Super 50 TMT Lawyers”
-
Recognition
01/13/2022
Seyfarth Recognized in The Legal 500 Asia Pacific 2022
-
Recognition
07/22/2021
Seyfarth Earns “Highly Recommended Law Firm” Honors from BTI Consulting in 2021