Fangda Partners

China

Analysis

Overview

Top-tier firm Fangda Partners dominates the majority of ranking tables. The firm also moved up to the ‘Outstanding’ tier in this year’s media and entertainment rankings. Its regulatory team provides one-stop compliance and government enforcement services, including corporate investigations, government enforcement, compliance advisory and related contentious matters. A key partner to note in the team is Kate Yin, who is a recognised leader in complex government enforcement, internal investigation and regulatory compliance, especially for challenging cross-border matters. Corporate partner Jeffrey Ding attends to a varied practice composed of capital markets, corporate M&A and private equity, while Pu (Alexandra) Yang is a long-time authority in the intellectual property capacity. Gordon Gao, a renowned figure in IP, left the firm in May 2022 for King & Wood Mallesons, and the firm’s IP team welcomed Wen Zou and Michelle Ning from Gen Law Firm. 

Client feedback 

“Always find solutions to dilemmas, which will facilitate the transaction until the completion of the transaction. Always careful, diligent and efficient.” – Banking and finance 

“Fangda advised us on legal compliance and assisted us in private equity financings. Most importantly, they provided legal services for IPO matters and resolved legal issues for the company going public.” – Capital markets 

“Valuable experience in the debt market, good network, excellent communication skills with clients with different background, responsive and diligent services.” – Capital markets 

“Deep industrial insights and flexible fee arrangement.” – Corporate and M&A 

“The Fangda team helpfully identified evidence proving misbehaviours by employees.” – Dispute resolution 

“Fangda represented us in the deal and supported all the way from term sheet drafting, legal due diligence, to close documents negotiations and communication with the multiple stakeholders. They have been very responsive, helpful and professional.” – Private equity  

“The Fangda team have outstanding legal skills and are especially good at dealing with transactions with complicated structure. They are very professional and hard-working.” – Private equity  

“They provided prompt response and insight into the legal nature of the relevant arrangement. Their advice reminds us of the blind point that we missed.” – Real estate 

“Fangda Partners is adept at responding to clients' questions quickly and efficiently and giving answers from a practical perspective.” – Technology and telecommunications 

Christine Chen 

“Christine has in-depth knowledge and experience in advising sophisticated international issuers and on local law issues. By providing practical and thoughtful solutions to complicated or tricky legal issues in the course of bond issuance, Christine has gained deep trust and respect from us. Her advice and constant contribution are immensely helpful to the successful execution of cutting-edge debt offering transactions.” 

Frank Fan 

“Prompt response with perspectives and thoughts.” 

Helen Fan 

“Helen oversaw the transaction and guided her team to work through the deal efficiently.” 

Diana Li 

“Deep industrial insights. Quick response.” 

Devan Shao 

“Devan provided invaluable advice on SDK compliance and trade secret protection.” 

Judy Tan 

“Judy is experienced in the aviation area and can always find a solution to dilemmas.” 

Yiru Wang 

“The team have outstanding legal skills and are especially good at dealing with transactions with complicated structure. They are very hard-working.” 

Kate Yin 

“Yin led the whole team to conduct investigation and completed the task in line with the timetable, the team helpfully identified solid evidence against the employees concerned.” 

Private equity

Work highlights 

Represented Nio Capital in its Series Pre-A investment in Sunwoda Electric Vehicle Battery. 

Represented Suzhou Industrial Park Investment Fund as a co-investor in the Series C financing of MegaRobo Technologies. 

Advised Shangqi Capital, a PE fund founded by SAIC Motor Corporation, in the pre-IPO financing of Ruipu Energy with an aggregate investment amount of Rmb2.2 billion. 

Represented China Mobile Capital Holding in its subscription of the 2022 private placement of China Eastern Airlines. 

Key clients 

China Development Bank Capital, China Integrated Circuit Industry Fund II, CICC, PAG Asia Capital, Shanghai Advanced Silicon Technology, Warburg Pincus. 

Labour and employment

Work highlights 

Advised a global banking group on all employment matters in relation to its sale of part of its China business. 

Advised a Germany based industrial company in an internal investigation regarding misuse of management power, discrimination and unfair treatment in the workplace. 

Intellectual property

Work highlights 

Representing Moonton, the developer of one of the world’s most popular multiplayer-online-battle-arena mobile games, “Mobile Legends: Bang Bang”, in handling the copyright infringement and anti-unfair competition lawsuit filed before Tencent’s home court Shenzhen Intermediate Court (where the claimed amount is more than $25 million) and in filing the counter-actions before Shanghai IP Court against Tencent on its defamation and dissemination through Tencent’s gameloop platform of Moonton’s game without permission. 

Representing Apple in several rounds of proceedings against Zhizhen involving the iRobot patent. The first-round invalidation decision against the iRobot patent was selected as the yearly case by the China National Intellectual Property Administration. The second-round actions started with Zhizhen requesting the highest damages claim in the history of China before the Shanghai High Court. 

Represented Oppo, a China-based global provider of smart portable devices and internet services, in its standard essential patent (SEP) dispute against Sisvel, an NPE possessing a batch of SEPs in the field of telecommunication. This case has been selected by the PRC Supreme Court as one of the representative anti-monopoly and anti-unfair competition cases in China. 

Key clients 

InterDigital Corporation, Lilith Games, Michael Jordan, Vans. 

Dispute resolution

Work highlights 

Representing China state-owned Capital VC Fund on its subsidiary in a more than Rmb260 million dispute over compensation for failure to fulfil performance obligation in an equity transfer. The matter is significant as the court’s reasoning will serve as precedent for future cases involving the validity and performance of contract clauses under which the shareholders promise to pay the afore-mentioned type of compensation for the profit difference to the subsidiary company. 

Representing Hong Kong Li & Fung Group and its mainland affiliates in series of PRC litigations as well as potential international arbitration of approximately Rmb400 million concerning a global supply chain dispute. 

Representing Bank of Communications Trustee before the Beijing No. 4 Intermediate People’s Court against China Energy Reserve and Chemicals Group Company in a dispute arising from the deed of guarantee involving USD bonds. This case would serve as a precedent for investors of Asian-dollar bonds in claiming against Chinese entities in the mainland, which is of great significance for the protection of investors’ interests. 

Investment funds

Work highlights 

Represented KKR in the structuring and formation of its first private investment fund in China, pursuant to the local qualified domestic limited partnership (QDLP) programme in Hainan province. 

Represented Hamilton Lane in the structuring and formation of a qualified foreign limited partnership (QFLP) fund in Shanghai, targeting secondary investment opportunities in China. 

Represented Boyu Capital on the structuring and formation of its fourth RMB-denominated private equity fund, Boyu RMB Fund IV. 

Key clients 

CITIC Capital, Everbright Group, Goldman Sachs, International Finance Corporation, LGT, Primavera Capital. 

Restructuring and insolvency

Work highlights 

Appointed as the administrator of the reorganisation of Dalian Shipbuilding Industry Offshore. 

Appointed as the joint administrator of the bankruptcy of CEFC Shanghai International Group, involving an energy business with Rmb200 billion in assets. This is the first mainland bankruptcy verdict recognised by Hong Kong. 

Corporate and M&A

Work highlights 

Advised Saudi Aramco’s subsidiary, as a foreign strategic investor, on purchasing 10% plus one share of the listed company, Rongsheng Petrochemical. 

Represented Gaolin Capital in its acquisition of Suzhou Hongtian Medical Investment. 

Represented Kirin in its sale of 40% stake in a joint venture established with China Resources to Plateau Consumer. 

Representing China Mobile Capital Holding in its investment in and acquisition of the controlling stake of Venustech Information Technology Group. 

Advising Thematic Bridge Investment, an investment vehicle of Boyu Group, on its voluntary conditional general cash offer for all the offer shares in Jinke Smart Services Group. 

Key clients 

Alibaba, Citibank, L Catterton Asia, PCCW Enterprise Resources, Philips (China) Investment, Swire Beverages, UBS. 

Capital markets

Work highlights 

Acted as the legal counsel to InnoCare on its A-share issuance and listing on the Shanghai Stock Exchange (SSE) STAR market. 

Advised Asian Infrastructure Investment Bank on its first sustainable development bond issuance in China. This is the first sustainable development bond issuance in China by a supranational issuer. 

Acted as the legal counsel to Hi-trend Technology, advising throughout on its SSE STAR Market issuance and listing. 

Advised Motorcomm Electronic Technology on its successful listing on the STAR Market of SSE. 

Acted as the PRC legal counsel to the underwriters and provided legal services for Hesai Group’s Nasdaq listing. 

Advised Kingsoft Cloud Holdings on its successful dual-primary listing by way of introduction on the main board of the HKEX. 

Key clients 

AIA Life Insurance, Bank of China, China Construction Third Engineering Bureau Group, CICC, Goldman Sachs, Morgan Stanley. 

Competition/antitrust

Work highlights 

Represented MKS Instruments on its acquisition of Atotech. The team prepared a robust defence to convince China’s competition authority to clear the transaction unconditionally. 

Represented Lumentum Holdings to obtain antitrust clearance for its acquisition of NeoPhotonics Corporation. 

Represented Blackstone to obtain antitrust clearance for its acquisition of Emerson’s Climate Technologies business. 

Key clients 

Apollo Group, Boyu Capital, DuPont, EQT. 

Banking and finance

Work highlights 

Represented GLP in signing a Rmb263 million ($36 million) onshore loan facility agreement with four GLP onshore group members as borrowers and a $2,410 million offshore facility agreement with CIP V Singapore Holdings as offshore borrower. 

Acted as leading counsel of Edding Group Company as borrower in the loan facilities provided by Abax Asian Structured Private Credit Fund III and SPDB International (Hong K) for refinancing of a mezzanine loan provided by Credit Suisse. 

Key clients 

China Merchants Bank, Haitong International Capital, Shanghai Pudong Development Bank - Jingqiao sub-branch. 

Construction

Work highlights 

Advising Albemarle, the world’s leading lithium material manufacturer, on its greenfield investment and construction of its next generation power lithium battery material plants in Sichuan, Jiangsu and other locations in China. The series of investment and construction is one of the largest foreign investment projects in the lithium material manufacture bases in China. 

Advised Starbucks for its first greenfield investment of manufacture plant in China. 

Advised Munters Air Treatment Equipment on the set up of its new subsidiary in Jiangyin, Jiangsu Province (JY Newco). 

Key clients 

GuocoLand China, Ping’an Real Estate, Roche. 

Pharmaceuticals and life sciences

Work highlights 

Advised InnoCare throughout on its Rmb2.9 billion initial public offering and listing on the STAR Market in Shanghai. 

Advised MediTrust Health on its Series C+ financing led by HSBC and its strategic agreement with HSBC.  

Advised as PRC counsel of Abu Dhabi Investment Authority as the lead investor in its equity investment in CBPO Holdings, the offshore holding company of Taibang Biologic. 

Key clients 

CStone Pharmaceuticals, Hasten Biopharma, HuidaGene, Overland ADCT BioPharma. 

Real estate

Work highlights 

Represented Ant Group on its purchase of a mixed-use land parcel located in Huangpu District, Shanghai. 

Represented China Ping An Life Insurance Joint Stock Company in its acquisition of a site in the Lize Business District of Fengtai District, Beijing and two Grade A office buildings thereon. 

Represented SC Capital Partners in its disposal of four logistics properties located in Taicang, Suzhou, Nantong and Jiaxing respectively, to Morgan Stanley through offshore equity transactions. 

Key clients 

FunPlus, Jiumaojiu Group, Macquarie Asset Management, New World Development, Tishman Speyer.