Lingyun He

Practice Areas

• Dispute Resolution: civil and commercial litigations, commercial arbitrations, administrative litigations, etc.;

• Regulatory Compliance: governmental investigations and corporate investigations covering antitrust investigations and strategies, compliance investigations and strategies, other investigations and strategies, etc.; and

• General Corporate: foreign investment-related matters, corporate operation-related matters, etc..

Career

Mr. He has represented a variety of Chinese and foreign clients to successfully resolve a large number of dispute resolution cases, including civil and commercial litigation cases, commercial arbitration cases, administrative litigation cases, etc., before PRC courts at different levels in different provinces and different arbitration commissions. These cases cover a wide range of practicing areas, which mainly include, without limitation, foreign investment (including JVs and WFOEs), equity transfer and equity interest, corporate governance, valuation adjustment, insurance disputes, product liability, antitrust, anti-commercial bribery, securities-related disputes and frauds, accounting and auditing liabilities, construction, real estates, intellectual property rights, anti-unfair competition, financial leasing, loan and security interests, international trade, letter of credit, consumer protection, advertisement production and release, maritime, labor and employment, etc..

Meanwhile, Mr. He has enriching experience in handling antitrust investigations and crafting strategies, conducting regulatory compliance investigations and crafting strategies, advising on US FCPA-related matters, advising on various other governmental investigations and crafting strategies, acting as a PRC legal expert in court hearing out of the jurisdiction of the PRC to provide legal expert opinions, etc..

In addition, Mr. He has also successfully provided his top-notch legal services to a variety of foreign clients for their foreign investment-related matters in the PRC and to a large number of Chinese and foreign clients for their corporate operation-related matters.

Professional Memberships

Arbitrator of Shanghai International Economic and Trade Arbitration Commission (a.k.a. Shanghai International Arbitration Center)

Arbitrator of Shanghai Arbitration Commission

Member of All-China Bar Association

Member of Shanghai Bar Association

Personal

Admitted to the Bar of P.R. China

Admitted to the Bar of New York State, U.S.

Work Highlights

1. Successful resolution of a significant administrative penalty for a leading EU-based environment monitoring group

JunHe advised a leading EU-based environment monitoring group (“Client”) in responding to the administrative investigation by the environment authority. The Client had provided environmental monitoring services for its customers for many years before the environmental authority’s investigation, where the authority found that the Client had not rendered its services in accordance with the applicable standards and suspected the Client of colluding with its customers to falsify environmental monitoring reports.

The authority originally planned to impose a significant administrative penalty on the Client and might even pursue criminal liabilities of Client’s management team and other persons that were principally responsible for the Client’s alleged misconduct.

To avoid such potential grave consequences, the Client engaged Mr. He and JunHe team. Mr. He provided the Client with various helpful legal advices based on his abundant experience in dealing with administrative investigations and communicating with government authorities. To further assist the Client in preparing for the subsequent investigation and communication with the local authority, Mr. He designed a “mock investigation” where JunHe team played the role of the investigating officers and trained the Client in presenting facts, responding to the officers’ inquiries and demonstrating a positive and candid attitude in cooperating with the investigation.

Benefitting from the assistance of Mr. He and his team, the Client did perform well in the subsequent investigation. The local authority eventually did not pursue criminal liability of any member of the Client’s team, and the amount of fine imposed on the Client is much less than the Client’s anticipation as well. JunHe team’s legal services have rescued the Client’s business as a whole.

2. Assisted a German-based industry-leading shipping company in its internal compliance investigation

• Took control of the equipment (such as the working laptop or working mobile phone) of the person involved, meanwhile kept records on the retention process and successfully proved the procedural justice and integrity of exhibits in later disputes.

• Properly settled the follow-up labor disputes and contract disputes arising therefrom.

• Assisted with afterward modification and perfection of the company's compliance system.

3. Assisted a US-based world-famous medical and life science company in its internal anti-corruption investigation

• Efficiently organized the team to review massive materials including emails, contracts etc., and conducted daily discussions to timely identify risk points.

• Analyzed the personal relationship of the subject under investigation and crafted a comprehensive scheme.

• Tailor-made questions based on the relationship between the people questioned (such as the subject’s supervisors, subordinates, competitors, etc.) and the subjects under investigation.

• Tackled the challenge and successfully identified the external interested parties of the subject under investigation and further obtained evidence.

Industry Sector Expertise

Health and Life Sciences

Construction & Real Estate

Securities

Professional liabilities

Automobile

Insurance

Expert in these Jurisdictions

P. R. China

Languages Spoken

Chinese (native), English (fluent)

Experience

A selected representative list of experience in dispute resolution practices (civil & commercial litigation, commercial arbitration, and administrative litigation, etc.)

Advised a top Chinese material surface treatment enterprise in a retrial review case with the Supreme People’s Court regarding the dispute in a huge-amount property insurance contract with a large-size Chinese property casualty insurance company.

Advised a top global food and beverage group in a series of cases regarding the dispute in material equity investments and a case regarding the dispute in capital contribution with trademarks with its Chinese joint venture partner.

Advised a well-known Chinese holding group in a case regarding the dispute in material equity transfer with a large-size real estate development company.

Advised an internationally well-known machinery equipment company in a case regarding the dispute in product liability for construction machinery equipment and a case regarding the dispute in damages for bodily injury arising from quality defects in the large-size construction machinery equipment supplied by it in a super-large scale national construction project.

Advised a globally leading biological pharmaceutical company in a case regarding the dispute in damages for material bodily injury arising from its clinical trial drugs.

Advised a famous construction group in a case regarding the disputes in construction project and insurance claim arising from its participation in a significant municipal construction project.

Advised a top global food and beverage group in a series of cases regarding the dispute arising from serious contamination of its food raw materials.

Advised an internationally well-known large-size real estate group in a series of cases regarding the dispute in commercial property leases arising from leasing of its commercial properties.

Advised a globally well-known hotel management group in a case regarding the dispute in hotel management contract with the commercial property owner.

Advised a famous listed company and its intermediary agencies in a case regarding the dispute in securities fraud-related matters.

Advised an internationally well-known furniture group in a case regarding the dispute in the infringement upon its trademarks.

Advised a globally leading biological technology company in a case regarding the dispute in the infringement upon its trade secrets.

A selected representative list of experience in governmental investigation and corporate investigation practices (antitrust, regulatory compliance, and other governmental investigations, etc.)

Advised an internationally well-known communication equipment enterprise in the antitrust governmental investigation conducted by competent Chinese administrative authorities on its business in China.

Advised a globally leading medical instruments group in the anti-unfair competition and anti-commercial bribery governmental investigations conducted by competent Chinese administrative authorities on its business in China.

Advised a top large-size global petroleum and chemical group in the governmental investigation conducted by competent Chinese administrative authorities on its advertisement production and release activities in China.

Advised an internationally well-known stylized characters brand group in the governmental investigation conducted by competent Chinese administrative authorities on the infringement of other parties against its various trademarks registered in China, and issued the relevant legal opinions.

Advised a globally leading large-size biological pharmaceutical group in its internal investigation on the regulatory compliance of its business in China, and issued the relevant legal opinions.

Advised an internationally well-known large-size chemical group on the comprehensive trainings of regulatory compliance under PRC laws for its senior management team in its Chinese companies.

Education

Awards