Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

CMS Legal

CMS Legal has been involved on a number of M&A transactions this year for Chinese companies. The firm recently represented a major German investment bank on the transfer of shares in Zhejiang Wanfeng Motorcycle Wheel, in a deal valued at RMB34.5 million (US$5.4 million). CMS Legal also advised one of China’s largest metal manufacturers on a proposed 100% share acquisition of CM Chemiemetall GmbH Bitterfeld.

DeBrauw Blackstone Westbroek

Dutch firm DeBrauw Blackstone Westbroek has a growing China M&A practice that benefits from the strong relationships it enjoys with Netherlands-based clients.

Having accumulated experience on both inbound and outbound transactions, the firm recently advised NXP Semiconductors on its divestment of NXP’s Sound Solutions business to Dover Corporation for US$855 million.

Garrigues

Led by partner Francisco Soler, the Shanghai office of Iberian law firm Garrigues advises clients on a wide range of cross border M&A deals. On one recent transaction, the firm represented Ferroatlantica in connection with a project to develop the world’s largest silicon factory in China.

Uria Menendez

Spanish firm Uria Menedez opened up its China office in Beijing in 2010, and in a very short time its M&A practice has found itself advising on major cross border deals. With China’s continued interest in natural resource-related outbound transactions, the firm is well positioned to profit.

In one recent transaction, the firm represented sellers Grupo Isolux Corsán, Elecnor, Cobra Instalaciones y Servicios and Abengoa Brazil in an acquisition by the State Grid Corporation of China. The US$1.8 million transaction involved acquiring seven concessionaires of transmission lines in Brazil from a consortium of Spanish infrastructure operators.

Wilmer Hale

Wilmer Hale’s M&A practice is seen as ‘up-and-coming’ by peers in the market. “Wilmer Hale has a small but active practice in China,” says a partner at a rival firm. “It is known for doing really top quality work on important deals, and clients trust it.”

WongPartnership

WongPartnership has the largest China practice of all of the Singaporean firms, and that due diligence capability enables the firm to secure major mandates. In the last year, the firm’s M&A team represented Temasek Holdings-subsidiary SingBridge on its acquisition of a 50% stake in a joint venture with Guangzhou Knowledge City Investment and Development – a company owned by the Guangzhou Economic and Technological Development District Administrative Committee. The acquisition was made via subsidiary company Knowledge City, and was valued at Rmb2 billion (US$313 million).

Garrigues

Garrigues has particular experience in representing European companies in their China-related real estate and construction work. Recently, the firm advised SEEI and the Spanish government on their participation in Shanghai Expo 2010. This included a construction contract as well as all agreements relating to termination of participation.

Hogan Lovells

In a contentious, multi-jurisdictional construction matter, Hogan Lovells advised Shandong Hongri Acron Chemical on the enforcement of an arbitration award from CIETAC valued at tens of millions of US dollars. The award was against PetroChina in relation to defective products that the company provided. Shandong Hongri is a joint venture based in China involving Russian and Chinese partners, and Hogan Lovells worked across its offices to represent the client on the Hong Kong arbitration.

Partners Timothy Hill and Damon So lead Hogan Lovells’ construction and real estate practice.

Troutman Sanders

With a long history of experience in China, Troutman Sanders is becoming increasingly prominent among international firms because of the partners’ genuine knowledge of the local market and the quality service it can provide to clients. The real estate team, led by partner Edward Epstein, has over 10 years of experience in real estate related transactions and has represented foreign developers and investors on acquisitions and leases involving prominent properties.

WongPartnership

WongPartnership routinely serves as an adviser to international and domestic developers, investors, and funds in real estate financing transactions and mergers and acquisitions. It is at the forefront of many of the Singapore/China cross border deals.

In February 2011, the firm advised Ascendas Real Estate Investment Trust (A-REIT) on its acquisition of a business property. The Rmb588 million (US$92 million) acquisition involved the forward purchase of a project that is set to be developed and built by Qingjian International South Pacific Group Development before A-REIT obtains ownership.

WongPartnership also recently advised CapitalMalls Asia as acquirer of an 18% stake in Holdco. Holdco owns a 95% equity interest in a PRC company that owns the Raffles City Changning mixed-use development in Shanghai.

CMS Legal

CMS Legal offers a broad range of advice across all aspects of labour and employment law. The firm represents multinational companies in developing internal systems for their Chinese workers and helping them to understand and comply with Chinese law.

CMS Legal’s labour and employment team recently advised a major German medical equipment maker’s Chinese subsidiaries on labour contract, employee handbook, social security, termination, and visa issues. The work necessitated finding a balance between enforcing company compliance by employees and helping insulate the client against damages resulting from an employee’s breach of confidentiality before termination.

Dewit Law Office

Dewit Law Office offers an array of advisory services on a wide range of employment and labour issues. The partners are experienced at handling all issues of migration, including visas, work licences and permits, and residential permits. Dewit is also adept at drafting and reviewing collective and individual labour contracts as well as confidentiality and non-competition agreements. The dispute resolution team advises clients on labour and employment issues through contentious and non-contentious work.

Garrigues

A small but growing international firm, Garrigues enjoys major relationships with some large Chinese institutions and advises on the full range of labour and employment issues. The firm prepares all of the labour policies for the Bank of China, including contracts and the employee handbook, and provides general advice on labour issues.

This past year, Garrigues advised wind energy company Gamesa on its global employment incentive plan for the PRC. Garrigues has also advised telecom company Telefónica on its implementation of a global performance share plan in China.

Herbert Smith

Herbert Smith’s labour and employment practice advises financial institutions and corporates on employment issues relating to investigations, contract issues, terminations and disputes. The firm’s leading dispute resolution practice helps to protect clients’ interests across a wide range of labour and employment areas.

Hogan Lovells

Hogan Lovells’ employment practice for Greater China is largely based out of Hong Kong, where partners from the firm’s corporate and dispute resolution groups advise clients on contentious and non-contentious matters in China and Hong Kong. The group serves as a resource to advise the firm’s longstanding, established clients on their employment law needs.

Mallesons Stephen Jaques

Mallesons continues to advise clients on matters relating to PRC and Hong Kong labour and employment law. The practice claims to have witnessed Chinese companies and employees becoming bolder with employment law issues, and this has resulted in a greater amount of advisory work for the firm.

Mallesons recently represented an international charitable organisation on a disability and sex discrimination case, and settled the dispute under the Equal Opportunities Comission’s conciliation process. In 2010, the team advised Australia Post on its occupational health and safety procedures for its Chinese operations.