Andy Y.D. Pan

As a member of the Management Committee and Partner-in-Charge of compliance practice group at Yuanda, Andy focuses his practice on leading companies that are breaking new ground in areas including clean energy vehicles, semiconductor, healthcare, telecommunication, gaming/entertainment, consumer product and state-owned enterprises.

Andy’s work includes regulatory and compliance matters, privacy and data security matters, TMT and emerging businesses, white collar crime litigation, crisis management and corporate governance. In addition to counseling publicly held and private companies from early-stage ventures to mature market leaders, Andy has extensive experience helping multinational corporations to navigate unnecessary bureaucracy, manage risks and liaise effectively with China-related projects and operations.

Andy’s exceptional work and his professionalism has led to many accolades from both international leading legal awards as well as Chinese government officials. Chambers & Partners Global Guide and Chambers & Partners Greater China Guide named Andy as “Leading Individual” and “Recommended Attorney” in “Corporate Investigation / Anti-Corruption” category in 2024, respectively. Andy was selected and recognized by China’s Ministry of Justice as one of the top-talented cross-border attorneys in 2023.  For five consecutive years from 2020 to 2024, he received individual awards of “Next Generation Partners” and “Recommended Attorneys” in “Regulatory / Compliance” category by The Legal 500 Asia Pacific, the top international leading legal directory. He was also ranked as the “Recommended” attorney in “Data Protection” by The Legal 500 Asia Pacific in 2023. In 2021 to 2023, Andy named as one of the most leading lawyers of “China’s Top Ranked Lawyers List” by LEGALBAND, an international legal ranking institution.  He was ranked as one of the Band 2 Most-Leading Attorneys in both “Regulatory Compliance” and “TMT” categories.

Andy is the Delegate of the 12th Shanghai Lawyer’s Congress (Year 2023 to 2027). He currently serves as the Commissioner for Finance Committee of the 12th Shanghai Bar Association, as well as Board Member of the 12th Shanghai Huangpu District Bar Association.  Andy is one of the co-drafters of the 2020 editions of “Guideline for the Articles of Association of Shanghai Wholly State-owned Enterprises”, “Guideline for the Articles of Association of Shanghai State-owned Holding Companies” as well as China’s first national data compliance standard “Data Compliance Management System” (Standard Number: T/CITIF 001-2022).

In addition, Andy serves as the Board Director of the Shanghai Venture Capital Association, mediator for Haikou International Commercial Mediation Center, arbitrator for Cangzhou Arbitration Commission. He also serves as an Adjunct Professor to MBA students at International Business School of Beijing Foreign Studies University.

During his law school times, Andy’s a former vice president of Stanford China Law and Policy Association and served two terms as the board director.

Experience

Regulatory Compliance

    • Represented one leading European luxury brand to conduct internal investigation and crisis management regarding a massive product recall incident.
    • Represented China Electrical Equipment Group to design and implement its comprehensive compliance system.
    • Advised one leading U.S. industry association of its registration application as an overseas NGO in China, including handling the massive complex compliance issues as well as communications with Chinese regulatory authorities.
    • Represented one of the Chinese leading internet brokerages in providing legal and compliance advice for its daily operations.
    • Advised a large Chinese state-owned enterprise regarding its California power-station project, including handling the complicated legal and compliance issues of the engineering, procurement and construction (EPC).
    • Represented a Chinese quasi-unicorn company in successfully obtaining a permit license as an online-education company—one of the few such permit licenses holders.
    • Represented a unicorn technology company in responding to its public incident crisis through internal investigation, crisis management and follow-up compliance advice.
    • Represented a listed automation and information technology company in providing export control compliance advice for its products and components.
    • Represented a Chinese leading internet medical company in obtaining one of the few internet hospital licenses issued in Yinchuan. Assisted the client to become one of the emerging growth companies with a formal license for internet hospitals in China.
    • Represented a Fortune Global 500 oil and gas company in designing and preparing compliance procedures for its import and export of oil well machinery and equipment in Greater China.
    • Represented various leading Chinese online-education companies in comprehensive investigations initiated by the local Administration of Industry and Commerce (AIC) and Department of Education, with the investigation focusing on their business compliance, application of licenses and permits, and record-filings of their apps with the Ministry of Education.
    • Represented a global U.S.-based meat-processing company, as a core member of the team, in a comprehensive food safety investigation by various Chinese regulatory authorities, involving several branches of the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) and the China Food and Drug Administration (CFDA).
    • In a milestone case for China’s electronic-vehicle industry, acted as the lead trial attorney defending a Chinese electric vehicle manufacturer on a criminal charge issued by the Chinese Ministry of Finance in connection with an alleged RMB 260 million fraud in clean energy vehicle production subsidies. The case was reported several times by the Wall Street Journal and China’s CCTV.

Data Protection and TMT

    • Advised one of the most leading automotive brands regarding cross-border data transfer and cyber security issues under PRC laws.
    • Represented a Chinese leading giant in communications industry in designing the systems of terminal user agreement, users’ personal information protection policy and data security compliance for all its communication products.
    • Represented China’s leading sharing-scooter company to design its data compliance system regarding operations in the North American and European markets according to the CCPA, GDPR and other related data laws and regulations.
    • Represented China’s leading telecommunications company in the preparation and design of the end-user license agreement (EULA) for its smartphone, 4G children’s smart watch and apps.
    • Advised a world’s leading e-cigarette giant on its compliance structure of its e-commerce platform after its entry into the Chinese market, its ICP record-filings, cookie policy and other matters.
    • Advised one of the most popular knowledge-sharing apps in China on operations compliance, business negotiation, payment approach and general financing matters.
    • Advised a leading internet hospital company on its data compliance, especially on how to process patients’ personal information and related treatment and diagnosis information.
    • Represented a leading state-owned industrial fund in connection with its investment in a high-tech equipment hardware company, and provided full-process legal services for the transaction.
    • Represented a leading European clean-energy vehicle battery company in its acquisition of a high-tech company in China.

Corporate Governance and Transactional

    • Represented The Paper, China’s most influential news media SOE, in designing and implementing its complex ESOP, acted as its legal counsel to assist in its B-round financing and provided related compliance advice.
    • Represented Sneaker Con, one of the most influential sneaker exhibitions globally, in advising its corporate and contract issues for relevant China annual events.
    • Represented a Chinese leading new-retail technology company in its acquisition deal of a large self-service supermarket in China.
    • Represented a state-owned semiconductor boot fund in its investment in an emerging semiconductor company in China.
    • Represented a large SOE in issuance of its RMB600 million in short-term financing bonds.
    • Represented a large SOE in issuance of its RMB 400 million of medium-term financing bonds.
    • Represented a giant SOE in its acquisition transactions of a number of high-tech growth companies.
    • Represented Shanghai United Assets and Equity to provide compliance advise of a state-owned property leasehold transaction.
    • Represented a boutique U.S. venture capital firm in New York in its investment in a technology mobile payment company in China.
    • Represented a dozen of burgeoning Chinese internet companies in their series A+ to C-round financing projects as legal counsel of these companies.
    • Advised a global leading NGO on general corporate compliance matters as its external legal counsel.
    • Advised Chinese Olympic gold medalist, World champions and famous athletes, Hui Ruoqi, Sun Yiwen, Zhang Yufei, Xiao Ruoteng, Xue Ming, Wang Shiyue/Liu Xinyu on commercial agreements, business disputes and day-to-day legal matters.

Accolades

  • Listed as a “Leading Individual” and “Recommended Attorney” in “Corporate Investigation / Anti-Corruption” category by Chambers & Partners Global Guide 2024 Edition
  • Listed as a “Leading Individual” and “Recommended Attorney” in “Corporate Investigation / Anti-Corruption” category by Chambers & Partners Greater China Guide 2024 Edition
  • Selected and recognized by China’s Ministry of Justice as one of the top-talented cross-border attorneys in 2023.
  • Named as “Next Generation Partners” and “Recommended” attorney in “Regulatory / Compliance” category by The Legal 500 Asia Pacific for five consecutive years, from 2020 to 2024
  • Named as “Recommended Attorney” in “Data Protection” by The Legal 500 Asia Pacificin the year 2023 and 2024.
  • Listed as one of the Band 2 Most-Leading attorneys in “Regulatory Compliance” and “Telecommunication, Technology, Media” categories in the China’s Top Ranked Lawyers List for three consecutive years, from 2021 to 2023 by LEGALBAND.
  • Named as “2022 Top 20 LegalTech Attorneys” in China by ACE LegalTech Awards.
  • Named as “Future Innovator” by APEC Chinain 2021.

Activities

  • Delegate, the 12th Shanghai Lawyer’s Congress (2023 – 2027)
  • Commissioner, The Finance Committee of the 12th Shanghai Bar Association
  • Board Member, Huangpu District Standing Committee of 12th Shanghai Bar Association
  • Board Director, Shanghai Venture Capital Association
  • Commissioner, State-Owned Enterprise Practice Committee of the Shanghai Bar Association
  • Mediator, Haikou International Commercial Mediation Center
  • Arbitrator, Hebei Province Cangzhou Arbitration Commission
  • Adjunct Professor to MBA students at International Business School of Beijing Foreign Studies University
  • Mentor to J.D. and LL.M. students at UCLA School of Law

Publications

  • Co-drafter, national standard of Data Compliance Management System – Requirements (T/CITIF 001—2022)
  • Co-drafter, Guideline for the Articles of Association of Shanghai Wholly State-Owned Enterprises (2020)
  • Co-drafter, Guideline for the Articles of Association of Shanghai State-Owned Holding Companies (2020)