Cross-border Regulatory Investigations
In recent years, domestic and international compliance supervision and government regulations have been strengthened, particularly in the context of the competition between China and the United States. Compared with conventional legal disputes, the strengthened enforcement of regulatory investigations and penalties nowadays have a far greater impact and a larger influence on enterprises, which means legal service teams need to have comprehensive capabilities. JunHe's government regulation and investigation team has extensive practical experience in responding to government investigations, including those by Chinese law enforcement agencies and by authorities in other jurisdictions.
In China, different administrative law enforcement agencies may have varying degrees of administrative discretion and some government investigations may trigger severe criminal penalties. Therefore, strategic communication and negotiation with the government authorities that conduct investigations is critical to ensure compliance and avoid or mitigate severe penalties. JunHe’s team has extensive experience in communicating directly with governments, and closely follows law enforcement trends. JunHe adheres to the requirements of the relevant laws and regulations in helping our clients cooperate with government investigations and protect their interests to the greatest extent possible.
With the rapid development of the global economy, cross-border compliance has become a major trend for multinationals and a criterion in measuring their core competencies. Accordingly, multinationals are more prone to investigations by authorities in different jurisdictions. In particular, multinationals will face unprecedented challenges when faced with conflicting laws in different jurisdictions.
Our rich experience provides us with a thorough understanding and knowledge of the regulatory issues and practices of different national and local governments. As a result, JunHe can fully integrate the firm’s resources, talent pool and comprehensive legal service capabilities in the relevant fields to provide professional and efficient services to our valued clients.
Legal Services Provided by JunHe
Assessing legal risk exposures
Conducting internal investigations to assess the liabilities and legal risks to the business and individuals involved;
Leveraging our talent pool of attorneys, all of whom have outstanding international education backgrounds, extensive overseas work experience and multi-jurisdictional attorney licenses, to identify potential risks in multiple jurisdictions.
Developing emergency plans
Developing disclosure plans for interested parties such as the media, employees, business partners or competitors;
Developing response strategies for information leaks and public opinion crises;
Performing crisis management in response to independent or joint investigations by multiple law enforcement agencies.
Conducting communication with law enforcement agencies
Maintaining communication with law enforcement agencies to obtain appropriate guidance and advice;
Providing information and documents and accepting inquiries, as required by law enforcement agencies;
Communicating with law enforcement agencies regarding the possibility of mitigating penalties.
Implementing relief plans
Developing and improving corporate compliance and internal control systems; Adopting targeted emergency or long-term relief measures.
Recent Representative Cases
Assisted a large state-owned energy enterprise in a foreign criminal case involving bribery and money laundering by its employees
We assisted a large state-owned energy enterprise in handling a criminal case where its local senior officers were suspected of bribery and money laundering in its operations abroad. We analyzed the criminal liability of its employees for the violation of local laws, as well as compliance risks under the Foreign Corrupt Practices Act and long-arm jurisdiction. We provided legal opinions and advice to control the compliance risks to the enterprise and isolate corporate liability.
Assisted a world-renowned elevator manufacturer to conduct an internal investigation and take legal action against former employees suspected of infringing trade secrets (ongoing)
We assisted a well-known elevator manufacturer to conduct an internal investigation into the alleged infringement of trade secrets by former core technical personnel and helped the client successfully file a criminal case. Faced with challenges such as the pressure of the statute of limitations, the evidentiary requirements in trade secret criminal cases, and the difficulty in safeguarding rights, we assisted the client to collect key evidence, actively communicated with all parties and achieved significant progress in the case.
Assisted a U.S. software and solutions company in responding to an anti-bribery investigation in China
We advised a U.S. software and solutions company in Shanghai AIC’s anti-bribery investigation, based on a U.S. Department of Justice's FCPA penalty, resulting in a favorable outcome for the client that exceeded expectations.
Assisted a renowned Chinese technology company in handling the international legal issues arising from its overseas expansion
We advised a renowned Chinese technology company on the international legal issues arising from its overseas expansion and helped the client respond to cross-border litigation and international criminal investigations. We tailored new anti-trade sanctions and anti-money laundering policies for the client.
Assisted an internationally renowned meat processing group in responding to a nationwide food safety investigation initiated by Chinese law enforcement agencies
We represented an internationally renowned meat processing group in a nationwide food safety investigation initiated by multiple Chinese law enforcement agencies, including food safety departments, quality supervision departments, market supervision and administration departments and public security authorities. The case involved civil, administrative and criminal legal issues and lasted for three years. We represented the client in all the legal and public relation matters in this case which had a substantial impact on domestic legislation regarding food safety. The Supreme People's Court of China and CCTV declared it one of the top ten cases of the year.
