Firm / Organisation

Vivien Chan & Co

Current View:
Also ranked in:

This content is provided by Vivien Chan & Co.

Managing Partners: Vivien Chan
Number of partners: 5
Number of lawyers: 25
Languages: Chinese, English, French, Japanese

Firm Overview:
Vivien Chan & Co is a full-service law practice with established law offices in Hong Kong (1985), and Beijing (1993). It is consistently recognised as a premier law firm for and in Greater China. With over 35 years’ experience of doing business in China, the team have an in-depth understanding and knowledge of China’s legal culture and marketing dynamics. The firm is well-recognised as a leading Greater China law firm by various major legal publications. Most recently, the firm is proud to be ranked in Tier 1 for Trademarks and Copyright Law firm by ALB IP Rankings in 2019.

Practice Areas
China Direct Investment
Construction
Real Estate
Corporate Services
Cross Border Tax & Tariffs
Dispute Resolution
Employment
Entertainment & Media
Franchising & Licensing
Health Care & Life Sciences
Insolvency
Mergers & Acquisitions
Notarial Services
Regulatory Compliance
Intellectual Property
Technology Transfer

Main Areas of Practice:

China Direct Investment:

■ Foreign direct investment; setting up joint ventures, wholly foreign-owned enterprises, holding companies, branches, representative offices
■ Customs, trade, distribution and supply chain management
■ Outbound trade and corporate compliance
■ Cross border corporate tax planning
■ Investment in corporate vehicles for tax efficacy and regulatory compliance
■ Regulatory approvals and draft legislation

Real Estate:
■ Mergers, acquisitions, dispositions, exchanges
■ Private equity
■ Project development

Tax:
■ Tax efficient financing structures design and implementation, tax efficient structuring
■ Employment compensation or tax plans
■ Custom duties and lobbying on tax matters
■ Stamp duty (includes voluntary disclosures)
■ Succession planning
■ Tax planning: residential change; mergers and acquisitions/corporate restructurings; real estate acquisitions and development
■ Transfer pricing planning, economic analysis, documentation, and defence

Employment:
■ Employment-related litigation and employment privacy infringement concerns
■ Business immigration, visas and executive transfer
■ Employers’ proprietary interests’ protection
■ Termination and layoffs
■ Confidentiality management, restraint of trade and non-competes
■ Social media policy
■ Customised in-house training programmes, manuals, workplace issues and policies

Dispute Resolution:
■ Merger and acquisition, listing and transaction disputes
■ Family, trust and probate
■ Complex commercial, shareholders/ partnership disputes, derivative actions and remedies
■ Injunction, asset preservation and tracing
■ Business and accounting frauds, cyber scam
■ Breach of professional or fiduciary duty
■ Defamation
■ Advice on alternative dispute resolution methods
■ Contest or enforce judicial decisions and arbitration awards
■ Management and strategy in multi jurisdictional dispute or litigation

Mergers & Acquisitions:
■ Asset acquisition and dispositions
■ Equity purchases and sales
■ Proxy contests
■ Consent solicitations
■ Business successions and reorganisations
■ Leveraged buyouts and tender offers
■ Bonus issues and capital offerings: debt, bonds, notes, warrants, hybrid instruments, redeemable preference shares, rights issues, convertible loan stocks
■ Listing requirements continuance, corporate disclosure, corporate governance
■ Creative corporate finance structures
■ Capital and corporate restructuring
■ Transferable loan facilities with embedded bond options or warrants
■ Privatisations and delistings
■ Employee share option schemes

Intellectual Property:
■ Greater China and Asia overall IP portfolio strategy development
■ Anti-counterfeiting and enforcement
■ Internet disputes and online counterfeiting
■ Due diligence, licensing, franchising, royalty recovery and technical assistance
■ Copyright enforcement and infringement litigation
■ IP civil and criminal litigation
■ E-commerce platforms enforcement
■ Administrative, border enforcement
■ Investigation and risk control
■ Customs enforcement

Regulatory Compliance:
■ Privacy policy compliance, complaint handling to privacy commissioner
■ Competition ordinance compliance
■ Regulatory approval or sanction relief
■ Product liability and recall
■ Tax customs, import/export requirements
■ Direct selling compliance
■ Promotional and marketing issues
■ Labelling and advertising regulations
■ Permissible trade and professional rules
■ Legislative amendments, government relations

Clients:
The firm has developed a wide range of clients and scope of services since its establishment. The firm has represented numerous Fortune 500 companies including Alticor, American Airlines, Ford Motor, Yves Saint Laurent, etc. and have engaged in a broad range of commercial transactions and regulatory issues since the 1980s.