Asia Practice

Overview

Inbound opportunities in Asia and conducting outbound business for Asia-based companies is an ever-challenging business environment. These businesses need counsel that are both familiar with the cultural nuances of the region and skilled at navigating the complex regulatory regimes.

Blank Rome’s Asia Practice is adept at helping Asia-based clients doing business in the United States and U.S. clients doing business in Asian countries. This includes counseling our U.S.-based clients on the legal issues involved with entering and developing new markets for their specific goods and services in Asia.

Our Asia-based clients are leading companies in a broad range of industries that includes agriculture, energy, clean-tech, natural resources, maritime, transportation, biotechnology, healthcare and life sciences, entertainment, technology, manufacturing, real estate, and consumer goods.

Our Asia Practice brings together the talents of our international business and litigation attorneys from all of our offices, and is anchored by our Shanghai office, which is an important component of our expanding international footprint. Many of the transactions we work on require collaboration among our Shanghai and U.S. offices.

Many of our attorneys are fluent in Korean, Japanese, Mandarin, Cantonese, and/or Shanghainese, and have extensive knowledge of the cultural and legal systems that affect business and investment in Asia. We understand the unique needs of Asia-based clients and have strong, cooperative relationships with knowledgeable local law firms, which we utilize when needed, to provide efficient and comprehensive service delivery.

How We Can Help

  • capital markets and corporate finance (including private equity and venture capital)
  • mergers and acquisitions
  • maritime regulatory compliance, finance, and litigation
  • China securities litigation
  • intellectual property
  • life sciences and healthcare
  • energy and alternative energy
  • international litigation and alternative dispute resolution (“ADR”)
  • anti-corruption, sanctions, and other international trade issues (FCPA and CFIUS)
  • employment and immigration
  • U.S. government relations

Capital Markets and Corporate Finance (including Private Equity and Venture Capital)

Blank Rome has been advising clients on sophisticated capital-raising transactions for more than 60 years. We represent issuers (including foreign private issuers), underwriters, placement agents, private equity investors, and venture funds in public and private offerings of equity, debt, and asset-backed securities, including initial public offerings, secondary offerings, 144A transactions, ADRs, and tender offers. We also represent clients in connection with exchange offers and rights offerings. Our attorneys have developed a leading practice in handling private equity investments and PIPEs (Private Investment in Public Equity) for Chinese companies seeking private equity financings. 

Mergers & Acquisitions

Blank Rome’s M&A attorneys are extremely active in the purchase, sale, and combination of a variety of public and privately owned businesses. Our attorneys work closely with clients to plan, structure, negotiate, and consummate a variety of acquisition transactions. We have advised companies, management, and financial sponsors in numerous going-private transactions, employee stock ownership plan acquisition transactions, friendly and hostile takeovers, making of acquisition offers, responding to acquisition offers, restructurings and workouts, and spin-offs of company divisions.

China Securities Litigation

Blank Rome’s Asia Practice provides experienced legal representation for Asia-based clients doing business in the United States and for U.S. clients doing business in Asia, through our offices in Shanghai, New York, Washington, Philadelphia, Los Angeles, Houston, and Delaware. Our Asia-based capital markets practice regularly represents Chinese companies that are listed on the U.S. exchanges.

In the current turbulent environment, many Chinese public companies are becoming targets of shareholder class action and derivative litigation. In response, Blank Rome combined its multidisciplinary knowledge of the Delaware Chancery Court, directors and officers liability insurance, U.S. Securities and Exchange Commission (“SEC”) and other regulatory enforcement, corporate governance, and capital markets groups, into a task force to effectively deal with the many complex aspects of this litigation.

The task force members have extensive experience representing many Chinese public companies in numerous industries. The team has handled matters in the U.S. courts, before the SEC and other regulators, including the Financial Industry Regulatory Authority (“FINRA”), through its U.S. offices, while handling fact finding, case management, and client relations through our Shanghai office.

Energy and Alternative Energy

We advise Asian energy clients on their U.S. inbound and other overseas investments, including acquisitions, joint ventures, and strategic alliances relating to energy resources, energy technologies, project development and finance, and sales, marketing, and distribution. With our government relations team, we effectively assist these clients to navigate the business, political, and legal issues that can arise in cross-border energy transactions in the United States and elsewhere. We also advise U.S.-based energy sector clients involved in transactions or investments in Asia or in partnerships with Asian businesses.

Maritime Regulatory Compliance, Finance, and Litigation

Blank Rome’s maritime practice regularly handles complex, multi-jurisdictional, and international maritime finance, regulatory, litigation, and admiralty matters, as well as alternative dispute resolution. With offices in Shanghai and Los Angeles, we are well-positioned to assist clients with maritime-related matters in China and throughout Asia and the Pacific. 

International Litigation and Alternative Dispute Resolution (“ADR”)

Blank Rome is armed with an international team of defense attorneys who represent clients in all aspects of international and maritime matters as well as in non-maritime corporate and commercial disputes. Our attorneys have substantial experience defending criminal, civil, and administrative enforcement actions; responding to environmental incidents and other casualties, both on vessels and at waterfront facilities; and assisting those subject to government investigations. Our services include arbitration, alternative dispute resolution, mediation, and international litigation. Please visit international litigation, defense, and arbitration to learn more.

Experience

  • Si Ke Wei Lai International, a subsidiary of Thinkwell Group, in a RMB 249,000,000 (USD $39 million) theme park design transaction with a Chinese real estate developer. Our attorneys assisted with drafting the design service agreements with other developers in China, along with SKWL’s lease and construction contracts and employee work permits.
  • Qingjian International Group, in a $2.5 million investment in a residential real estate project in Maryland.
  • YJ International and CCT Music Publishers, in trademark and copyright registrations in the United States and China.
  • Export-Import Bank of China, in providing advice on aircraft engine contracts
  • C. F. Martin, in numerous trademark infringement and opposition matters.
  • Live in America, in a number of mezzanine loan transactions.
  • T3-Micro, in connection with the bankruptcy of a China supplier.
  • Dorman Products, Inc., in connection with employee and change of registration matters in China.
  • Afilias Limited, in the review and revision of a domain name registry application in China and related contracts, along with assisting in setting up a wholly foreign-owned enterprise (“WFOE”) in Shanghai.
  • PMC Beijing Chemical Co., Ltd., on FCPA and China antitrust issues, and PMC Hina on employment issues.
  • PMC Hong Kong, in acquiring 100 percent equity shares of PMC Beijing from its former parent company.
  • Bar-Ray Products, Inc., on a distribution agreement with its Chinese distributor, as well as the registration of Bar-Ray trademarks and products in China.
  • PeroxyChem, LLC, in changing its registration matters with Chinese government authorities.
  • Armstrong World Industries, in administrative raids in China against its trademark infringers, as well as working with local counsel to advise Armstrong on lawsuits and a filing of opposition with the trademark office.
  • Ryder, System, Inc., in obtaining a freight forwarding license in China.
  • Jiayi, Yangsen, and Heqichang, in due diligence for a financing transaction.
  • GYMA, Qlik, and DIA, on setting up WFOEs and a representative office in China, along with employment issues, lease contracts, and sales contracts.
  • Shinhan Bank, New York Branch, as the administrative and collateral agent on behalf of Shinhan Bank New York Branch, Woori Bank New York Agency, and Hana Bank New York Agency, in providing a commercial mortgage loan of $68.5 million to finance the purchase of a class-A office building located in Washington, D.C.
  • CTC Bank Corp. (USA), as the administrative agent on behalf of CTBC Bank Corp. and Sunwest Bank, in providing a commercial mortgage loan of $20 million to W.K.S. LA Restaurant Corporation, Imperial EPL LLC, and W.K.S. Land Corporation secured by retail centers in Arizona, California, and New Mexico. W.K.S Restaurant Group is the largest franchisee in southwest United States of El Pollo Loco, Denny’s, Krispy Kreme Doughnuts, and Corner Bakery Café.
  • Amar Shokeen, in his purchase of the last vacant land near the Los Angeles International Airport in El Segundo, CA, entitled for hotel development from CDC Mar Campus LLC for $7.24 million and a related $3.4 million purchase financing from CDC Mar Campus LLC.
  • Hotel Circle GL Holding LLC, in its purchase of Marriott Visalia Hotel from Viscamar LLC for $17.25 million and a related $14.7 purchase financing from Bank of America, N.A.
  • ZTE Corporation, a Chinese multinational telecommunications equipment and systems company, in patent litigation and trade secret litigation.
  • York Wallcoverings, Inc., in numerous trademark infringement and filing of oppositions to the trademark office.
  • L.A. Downtown Investment, L.P., in a $325 million construction loan to clients of Oceanwide Plaza, LLC, for the development of a $1.2 billion mixed-use condominium/hotel/retail project. We prepared the private placement memorandum for the syndication of the capital investment in the client, which was sourced in China through the EB-5 visa program administered by U.S. Citizenship and Immigration Services. We also prepared and negotiated the construction loan documents for the project.