Experience
Dr. David Pan has practiced law in China and in the U.S. over 20 years. He accumulated an in-depth knowledge on Chinese and international business culture and legal systems. Before joining Llinks, Dr. Pan worked in two well-known Chinese law firms, and most recently worked for a Fortune 500 Company as its General Counsel for Greater China. In addition to his corporate services such as mergers and acquisitions, joint venture, technology license etc., Dr. Pan specializes in various compliance matters including anti-trust, anti-corruption, cybersecurity and data protection, export control and sanctions. The clients that he represented spread over various industries, including auto, investment, energy, pharmaceutical, chemical, medical, food, advanced manufacturing, sports and entertainment, retail and consumer, real estate.
Based on his thorough understanding on business operations, Dr. Pan also specializes in providing companies with practical solution-oriented services in the regulatory compliance areas of anti-corruption, antitrust, and anti-unfair competition.
Dr. Pan represents MNCs in data and cybersecurity related legal matters, such as offshore server, log records storage and filing, personal data collection and use, data integrity, centralized data process, differentiation between trade secrets and state secrets etc. In the course of handling these cases, Dr. Pan gained solid practical experiences in this field. Dr. Pan has served clients in healthcare, auto, tourism, e-commerce, retail, education, services, finance, fintech, and manufacturing in the establishment and improvement of compliance system in the entire process of data collection, storage, usage, transfer, and destruction, and provided compliance solutions for cyber security, digital transformation, data asset and transaction, and big data.
Dr. Pan is recommended as a leading lawyer in fields of corporate compliance, antitrust and competition, cybersecurity and data by rating agencies like ALB, Chambers, Legal500, LEGALBAND, Who’s Who Legal, The Asian Lawyer, asialaw Profiles, China Business Law Journal and Legal Hall of Fame (Legal Guru Club).
Work Highlights
Compliance – Cybersecurity and Data Privacy
• Advised Roche, Amgen, Abbott, Biogen, Zai Lab, MSD, OCD, IQVIA and other leading pharmaceutical and healthcare companies with overall cybersecurity and data compliance services
• Provided IATA and DNV with cybersecurity and data compliance service
• Identified the status quo of cybersecurity and data protection for vehicle companies and component manufacturers such as Porsche, BMW, Volvo, Hyundai, Michelin, etc., and formulated compliance system construction for data compliance issues under the Internet of Vehicles
• Advised two Chinese top internet giants in their data privacy projects
• Provided compliance legal services for digital transformation projects of well-known retail enterprises such as Toys "R" Us, Pernod Ricard, Chanel, Armani and McDonald’s
• Advised a famous luxury brand in dealing with customer data breach incident
• Provided compliance legal services on network architecture, website operation and cross-border networking for Wuerth, WMF and Firmenich
• Advised an international mining machinery company in relation to “important data” identification and cross-border transfer
• Advised a large SOE in important data identification and cross-border transfer
Compliance – Antitrust and Competition
• Represented leading Chinese companies like CATL, China Resources Group, Huayi, Red Star Macalline, Ping An Group in their M&A projects
• Advised more than twenty Fortune 500 companies in antitrust and competition compliance matters
• Provided competition law training and drill services to Honeywell, Shanghai Electric, China Ocean Shipping (Group) Company, Zim, and other top companies in connection with antitrust and competition law compliance in the U.S., E.U. and China
• Provided a joint venture brand automobile enterprise with antitrust and competition compliance system construction service
• Advised a Fortune 500 company in connection with antitrust issues regarding product sharing, joint venturing and SWAP arrangements with its competitor
Compliance – Anticorruption
• Provided investigation and rectification services for a Fortune 500 oil company with the corruption and fraud case of its sales team
• Provided investigation and illicit money recovery services for a Fortune 500 nutrition company with the corruption case of logistics procurement
• Provided investigation services for a Fortune 500 manufacturing enterprise with the misconduct case of its Asia-Pacific management team members
• Provided dawn raids and crisis management drills for a Fortune 500 pharmaceutical company
• Provided investigation and risk prevention services for a Fortune 500 branch’s suspected defraud of government subsidies
• Provided legal services for a well-known U.S. listed company to report to the competent administrative authority the unfair competition (commercial bribery and improper publicity) of its competitor
• Provided investigation and criminal reporting services for a Fortune 500 auto parts manufacturer in connection with its procurement department accepting bribery from suppliers
• Provided investigation, interview and reporting services for a well-known domestic fin-tech company in connection with its employees’ acceptance of high kickbacks from suppliers
Compliance – Export Control and Sanctions
• Provided Shanghai Electric Group with export control compliance system construction services
• Provided export control compliance system construction services for Xi'an Focuslight Technology Co., Ltd.
• Advised Zhengzhou Commodity Exchange on the construction of a compliance response system for the Xinjiang cotton incident
• Advised a Hong Kong listed company on trade sanctions risks of its overseas engineering project
• Advised a Hong Kong listed company on export control risks of using US origin materials in manufacturing process
• Advised a machinery manufacturer on export control risks of its acquisition of an affiliate of a sanctioned entity, as well as export control compliance clauses in transaction documents
Corporate and Commerce, M&A, Cross-border Transactions
• Advised a Fortune 500 company on its acquisitions of a series of textile effect companies in Mainland China and Taiwan, involving foreign strategic investment application and post-deal integration (including inter-company asset transfer and partial business closure)
• Advised a large PRC company on its acquisition of stocks of a Japanese listed company in new materials business
• Advised a PRC listed company on its acquisition of a US MNC’s stationery business in China through bidding
• Advised a leading PRC pharmaceutical listed company on its acquisition of an Australian infant drug company
• Advised a leading PRC fresh food e-commerce company on its acquisition of stocks of an overseas subsidiary of an agricultural product trading platform
• Advised a large PRC private company on its acquisition of controlling interest of a Germany medical device company
• Advised a large PRC investment institution on its acquisition of an Italian environmental protection company
• Advised a Fortune 500 company on its joint venture with a PRC SOE conglomerate in establishing and operating a super large-scale fuel and chemical plant, involving project financing, utility and raw material supply, design and civil engineering, licenses and permits, technology license, and product off-take
• Advised an advanced PRC pharmaceutical company on obtaining commercialization right of a brand name drug from an U.S. Fortune 500 pharmaceutical company, involving project negotiation, drafting and revision of transaction documents
• Advised a pharmaceutical R&D company on its round A and round B financing in China and the U.S.
• Advised a Fortune 500 company on establishing its APAC R&D Center, involving project bidding, high-tech enterprise status application and regional headquarter preferential treatment
• Advised a PRC SOE conglomerate on importing semiconductor production, packaging and testing technology, involving project negotiation, drafting and revision of transaction documents
• Advised a Fortune 500 company on licensing energy technology to PRC private companies and SOEs, involving project negotiation, drafting and antitrust review
• Advised sports institutions like Shanghai Basketball Association on brokerage, sponsorship and sports games operation
