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. IP expert Muran Sun joined the firm from Han Kun Law Offices as a partner in October 2021.

Client feedback

“Diligent work ethics and a lot of deal experience.” – Banking and finance

“Profound knowledge and experience in the capital markets sector. Think constructively with commercial sense. Solution-oriented and proficient English skill.” – Capital markets

“Extremely fast response. Ability to handle multiple tasks under great pressure. Strong communication skills. Deep insights in the relevant areas of law.” – Capital markets

“Overall, we are satisfied with Fangda Partners’ performance. The lawyers are very professional and reliable, and they always provide us with feasible resolutions.” – Corporate and M&A

“Able to respond quickly to support us in time. Humble and very knowledgeable. Able to provide solutions to difficult situations. Overall, they are a reliable partner.” – Dispute resolution

“The Fangda team is trustworthy and efficient with good English capability and very responsive to clients. The team is good at handling complex disputes. Our case involves complex construction matters which occurred around seven years ago. The plaintiff has initiated multiple and sometimes repetitive claims against us regarding the same construction project, which has complicated the proceedings and made the case tricky to manage. However, the Fangda team has handled the case in a satisfying way. We were impressed by Fangda's ability to analyse and respond to the voluminous exhibits submitted by the plaintiff in a detailed and comprehensive manner in a short time. They always keep us well-informed about every development in the case. We have the impression that the Fangda team understands and values our needs, and is capable of offering independent, professional and commercially sensitive advice. Fangda is also capable of assisting clients in responding to government investigations in an efficient manner. In administrative investigations initiated by PRC governmental authorities, time is of the essence. Fangda’s ability to provide detailed legal and strategic advice is highly appreciated.” – Dispute resolution

“The lawyers of Fangda Partners worked extremely professionally and efficiently. Legal spending is well controlled, with a guarantee of high-quality services. Fangda Partners has maintained a stellar record in the legal cases it handled for us. The lawyers have profound knowledge of the mainland China system and are familiar with local judicial practice and interpretation of different cities in mainland China. Fangda Partners is a reliable law firm to work with. Unlike some large-scale firms in mainland China that operate as alliances and lawyers do not support each other, Fangda Partners operate as an integrated partnership with their resources shared among their local offices, which is extremely critical to providing excellent local support to us when disputes happen in different cities.” – Dispute resolution

“Fangda Partners is capable of advising their clients with complex litigation strategies. They own international mindsets, strong communication skills in English and super problem-solving spirits.” – Dispute resolution

“Fangda's legal team is very professional and knowledgeable. Their advice helps us understand the underlying risks and they also help us find amicable solutions.” – Private equity

“Thorough knowledge of China regulatory landscape in the private equity space.” – Private equity

“The Fangda team worked very diligently during the whole process of our fund raising and are very proactive and responsive. The team is very professional and the has strong problem-solving capability for all of our issues related to LPs and government supervision.” – Private equity

“Consistency in their professional qualities throughout the team, and across different offices.” – Real estate

“Extremely careful with abundant industry knowledge. It helps us to spot loss end in our contracts and adapt them to the local law requirements.” – Real estate

“They are professional and have expertise in related fields. They know the requirements of laws, and they know business as well.” – Regulatory

Xiaotong Jia

“She is very responsive and is always there to help and advise us on difficult issues.”

Yan Kang

“Thoughtful counsel, responsive, with a can-do attitude.”

Xiaofeng (Stephen) Lin

“He is able to line up all the resources that we need from the firm for different cases.”

“His problem-solving ability is very impressive.”

Hong (Helen) Shi

“A reliable partner who supports us in time of need regardless of time. Able to mobilise the right resources to support our business.”

“Shi Hong (Helen) is our contacting partner who leads the Fangda team in handling our various matters. She understands our business well and offers her extensive experience in serving our needs.”

Josh Shin

“Always provides practical legal advice with good solutions and alternatives. Goes above and beyond in helping clients to engage the relevant stakeholders, providing secondee with high quality.”

Yu (Tony) Xiang

“Xiang Yu (Tony) is very responsive and responsible. Although he was very busy all the time with an extreme workload, he was able to manage his time and allocate sufficient attention to the matters I assigned to Fangda Partners. He was particularly good at managing resources in the firm and supervising them efficiently. Personally, he is intelligent and has in-depth knowledge of dispute resolution and construction practice. These qualities allow him to manage his team very well and offer excellent services to us.”

Pu (Alexandra) Yang

“Alex Yang is capable of advising her clients with complex litigation strategies. She has super communication and management skills and a strong problem-solving mindset.”

Kate Yin

“She is very professional and experienced in compliance and investigation.”

Private equity

Work highlights

Representing DST Global as one of the leading investors to participate in the Series D investment in DingDong Fresh, involving the aggregate transaction amount of $700 million.

Represented China Integrated Circuit Industry Fund II in its investment in Semiconductor Manufacturing International (Shenzhen) Corporation, a semiconductor company dedicated to the production of integrated circuits.

Key clients

Ab Initio Capital, Alibaba, New Carzone, Sunshine Insurance, XYZ Robotics

Labour and employment

Work highlights

Advised a global leading modernised integrated iron and steel enterprise on employment law related matters for factory relocation.

Represented a global leading brewer in several labour disputes and reputation infringement initiated by one of its former senior officers concerning wrongful termination, exercising of stock options and damages in reputation due to wrongful termination.

Successfully represented a world-renowned chemical company in a labour dispute initiated by its former employee concerning wrongful termination.

Intellectual property

Work highlights

Represented NavInfo, China's leading location service and smart mobility solution provider, on its successful copyright infringement claim against three Baidu companies. The Beijing Intellectual Property Court awarded NavInfo $9.8 million in damages, the highest ever damages award for copyright infringement cases in China to date.

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.

Representing ByteDance, the developer of Douyin (Tik Tok), in filing an anti-monopoly lawsuit filed against Tencent. This is the focal legal battle between two giants in the China internet industry.

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, Michael Jordan, Tsuburaya Productions

Dispute resolution

Work highlights

Representing Shanghai Jinxin Investment Advisory and Everbright Jinhui Investment Management (Shanghai) to bring a lawsuit against Baofeng Group and its actual controller before the PRC Supreme Court.

Entrusted by China Life Asset Management, 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 US dollar 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.

Represented Cinda Investment in court litigation over a contract dispute of real estate development operation dispute against a listed general merchandise company and its subsidiary.

Key clients

China Development Bank, Sichuan Shengda Forestry Industry

Investment funds

Work highlights

Represented Morgan Stanley on the structuring and formation of its third flagship RMB fund in China.

Represented Sequoia Capital on the structuring and formation of its first, second and third qualified foreign limited partnership funds in Hainan, with a total commitment of $1 billion, to further invest into Sequoia’s sixth flagship RMB fund.

Represented investment firm Boyu Capital on the structuring and formation of its fourth flagship RMB fund, Boyu RMB Fund IV.

Key clients

CICC Capital, DCP Capital, Primavera Capital, Vision Knight Capital, Zoo Capital

Restructuring and insolvency

Work highlights

Acted on the bankruptcy reorganisation of Neoglory Prosperity.

Appointed as the joint administrator of the bankruptcy of CEFC Shanghai International Group, involving an energy business with Rmb200 billion in assets.

Corporate and M&A

Work highlights

Acted for SK Hynix, the world’s top-tier semiconductor supplier, on its acquisition of the NAND and SSD business from Intel Corporation with a total transaction consideration of $9 billion.

Acted for a buyer consortium composed of DCP Capital, Ocean Link, and 51job’s chief executive officer on 51job's take-private deal.

Key clients

Alibaba Group, China National Bluestar, Lumentum Holdings, MBK Partners

Capital markets

Work highlights

Represented the Bank of Chongqing in its initial public A-share offering and listing on the main board of the Shanghai Stock Exchange, raising approximately Rmb3.71 billion ($530 million) in proceeds.

Acted for New Horizon Health in connection with its initial public offering and listing on the HKEX.

Represented Shanghai Highly Group in its acquisition of the assets and business of vehicle air-conditioning compressors and air-conditioning systems from Marelli Corporation, involving a transaction price of approximately $203 million, representing 60% equity shares being purchased.

Advised Hungary on the first green sovereign bond offering. This is the first-ever green sovereign panda bond offering and also the first green sovereign bond offering under the pilot programme for social bonds and sustainability bonds launched by the National Association of Financial Market Institutional Investors of China in November 2021.

Key clients

Bank of Ningbo, Shenzhen Kaifa Technology, XPeng

Competition/antitrust

Work highlights

Represented SK Hynix, the world's second-largest memory chipmaker and the world's third-largest semiconductor company, in respect of the acquisition of the NAND and SSD business of Intel in China. This high-profile global transaction represents one of the four remedy decisions by China’s competition authority in 2021.

Represented Marvell Technology Group in respect of the acquisition of shares of Inphi Corporation.

Representing Illinois Tool Works in relation to its China merger control notification of its proposed acquisition of MTS Systems Corporation. The transaction represents one of the four remedy decisions by China’s competition authority in 2021.

Key clients

Ferro Corporation, Moka, TCL Technology, Varian Medical Systems

Banking and finance

Work highlights

Acted for Centurium Capital Management as the PRC counsel in China Biologic Products Holdings’ take-private deal. This is one of the largest US stock privatisation deals in recent years where the consortium headed by Centurium will borrow about $2 billion from PRC banks, including Ping An Bank, China Merchants Bank and others, for the privatisation of China Biologic Products Holdings.

Acted for Shanghai Pudong Development Bank on its loan facility granted to MBK Partners as sponsor and Shanghai HenDuoYu Management Consulting as borrower, for the acquisition of four marine parks in China owned by Haichang Ocean Park Holdings. This transaction, with its complex structure and numerous properties involved, is one of the major transactions involving real estate purchases in 2021.

Key clients

Boyu Capital, Ping An Bank (Wuxi Branch), Shanghai Pudong Development Bank

Construction

Work highlights

Advising Starbucks on its first greenfield investment in a manufacturing plant in China, including purchase of land and construction of a roasting plant in Kunshan city, China.

Advising Ping An Real Estate on the construction project of Nanchang Ping An Financial Center. Upon completion, it will become the highest building in Jiangxi province.

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 location in China. The series of investment and construction is one of the largest foreign investment projects in the lithium material manufacture bases in China.

Key clients

Boyu Capital, ByteDance, Chevron, Roche, Visen Pharma

Pharmaceuticals and life sciences

Work highlights

Advised BeiGene on its $3.5 billion IPO and listing on the Shanghai STAR Market.

Representing CStone Pharmaceuticals in granting the exclusive rights to Hengrui Pharmaceuticals for the research, development, registration, manufacturing and commercialisation of the CTLA-4 antibody in China.

Advised MediTrust Health on its Series C financing co-led by Boyu Capital and Janchor Partners, involving an aggregate financing amount of more than Rmb2 billion. 

Key clients

AnHeart Therapeutics, Kintor Pharmaceutical, MicroPort® NeuroTech

Real estate

Work highlights

Represented China Enterprise in its joint acquisition with another state-owned real estate developer of aggregate 95% equity interests in one project company which possesses four land parcels for the development of a large-scale complex of residential, office and retail properties in Pudong New Area, Shanghai.

Represented Circle (China) Property Development in its disposal of 370 residential units and 80 car parking lots through a bulk trading.

Advised real estate developer Kerry Properties on its incorporation into a consortium with GIC, for participation in public bidding procedures for a commercial and residential complex located in Pudong New Area, Shanghai.

Key clients

FunPlus, New World Development, Tishman Speyer