James H. Jiang

James Jiang is the equity partner and corporate head at Yuanda in Shanghai. He focuses his practice on corporate matters, government affairs and compliance, and litigation. James has lawyer’s practice qualifications in the PRC and the New York State of the USA, and has been an Adjunct Professor at the East China University of Politics and Law, and the arbitrator of Shanghai Arbitration Commission.

James has rich experience in cross-border mergers & acquisitions, international transactions and intellectual property rights protection. In terms of his government affairs and compliance practice, James has represented clients in high-profile regulatory compliance matters and government investigations, including proposing, negotiating, and resolving potential administrative and criminal liabilities.

As an FDA expert, James has been frequently invited by government authorities, traditional and emerging medias, and testing and consulting companies to give lectures on trending legal topics. James keeps close contact with various administration authorities to advise clients for regulation and practice status.

James received his bachelor’s and master’s degrees in law from Shanghai International Studies University, University of Amsterdam and New York University.

Experience

General Corporate Counselling

  • Represented a world-leading U.S. e-cigarette company in its entry into China’s market and provided the comprehensive legal advice on the relevant policies, including the access, trade, taxation, intellectual property, antitrust and unfair policies. Assisted the client in managing registration and licensing, daily operations, labor and employment for client’s entities in China.  Reviewed product packaging, labels, and instructions to meet compliance requirements.  Advised the client on the online and offline sales of e-cigarette products in China from the compliance perspective.
  • Represented a leading global automotive components company in its acquisition of a domestic hydrogen cell technology company for the transaction legal service involving legal and compliance due diligence, dispute resolution and subsidy policy advice.
  • Represented a leading global consumer products company in its offer to acquire a well-known cosmetics company for cross-jurisdictional legal due diligences.
  • Represented European leading fund in its acquisition of gaming equipment consumer products company in Greater China legal and compliance due diligences.
  • Providing daily legal counsel, theme park-specific and food safety training to leading global snack and pet food group company.
  • Providing daily legal counsel and food safety trainings, among other services, to a number of U.S. fresh and dried fruit food companies.
  • Provided review and compliance services for global products’ terms-of-use to well-known consumer electronics company.
  • Represented a U.S. pharmaceutical company in providing legal and tax advice on the license-out and commercialization agreement with domestic pharmaceutical company for monoclonal antibodies.
  • Represented a state-owned biotechnology company in its ODI in Israel for R&D pharmaceutical companies with three new drugs in pipeline, including conducting legal due diligence, drafting and negotiating investment documents and licensing agreements, and handling approval and filing formalities.
  • Represented a state-owned pharmaceutical company in its acquisition of a German medical device company, including advising on transaction documents and structure, tax, and domestic approval issues, and coordinating for the overseas supporting services required for the project, including intellectual property investigations and on-site due diligence, etc.
  • Represented a state-owned pharmaceutical company for its domestic equity investments and joint R&D cooperation in several new drug companies involving COVID-19 test kits, CRO labs, Cart-T and stem cell drugs.
  • Represented a well-known Swiss pharmaceutical company in establishing a joint venture through equity acquisition, including advising the JV on the technology transfer for production of Lamivudine and Zidovudine, the anti-AIDS raw materials.
  • Represented a world-leading clinical research company in the operation of its Shanghai subsidiary, including land acquisition, construction matters, and subsequent intricate transactions.
  • Represented a world-leading semiconductor company in the cross-district relocation of its Wuxi subsidiary’s plant and the negotiation with government authorities.
  • Represented a global nutrition and household products company in the design of China business model and compliance with China’s direct selling and labor laws.
  • Represented a world-renowned food company in its liquidation and restructuring, including developing compliance solutions regarding tax, labor, and debt liability issues.

Government Affairs and Compliance

  • Represented a global meat processing company in a comprehensive food safety investigation initiated by various Chinese regulatory authorities, including the Food and Drug Administration (FDA), the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), the Administration of Industry and Commerce (AIC) and the Public Security Bureau (PSB). The case resulted in the strengthening of more than ten food safety laws and regulations in China and Shanghai and was ranked number five out of the top ten most important legal cases of 2016 announced by China’s Supreme Court together with CCTV, China’s official central television station on April 20, 2017.
  • Represented a prominent state-owned enterprise in investigations initiated by its European partner in a joint venture company involving commercial bribery and accounting fraud.
  • Provided comprehensive compliance services for leading domestic memory chip company involving trade secret protection, anti-unfair competition and intellectual property protection.
  • Provided daily legal counseling on personal information protection, data security and APP compliance for a number of multinational companies in the areas of voice recognition, electrical devices, travel services, automotive components and e-commerce websites.
  • Represented a leading global communications company in depositions, interviews, legal analysis, and electronic data screening and review in connection with the discovery of evidence in U.S. government litigation against its overseas patents.
  • Represented a leading global infant and child nutrition company in response to high-profile national investigation launched by Chinese regulators.
  • Represented a leading U.S. electric motor company in the transfer of its Changzhou plant and site to a domestic company through a bidding process, and conducting a full investigation and successful crisis resolution of a compliance report filed by the unsuccessful company.
  • Represented a world-renowned environmental treatment company in providing full legal and compliance advice on incidents related to groundwater and soil contamination.

Dispute Resolution

  • Represented a major central state-owned company in a complex debt-collection case before the Singapore International Arbitration Centre and to file bankruptcy claims, of which the case value exceeded USD 100 million.
  • Represented a world-leading telecommunication giant in its patent infringement lawsuit filed by a U.S. Non-Practicing Entity regarding a patent family involving several standards essential voice codec patents to apply in phone chips with alleged damages of over RMB 100 million.
  • Represented a world-renowned U.S. medical device company in a series of lawsuits involving products, labor and operation policy disputes.
  • Represented a global leader in sports, events, media and fashion industries to settle with a well-known Chinese property developer for organizing the nationwide golf tournament in China and handle the debt collection matters in China.
  • Represented a Wall Street short-selling research institute to defend a defamation allegation from Chinese stock for publishing its short-sell report.
  • Represented a world-leading dairy products manufacturer in the lawsuits filed by professional consumers across China.
  • Represented a well-known food manufacturing company to deal with massive class action lawsuits filed by professional consumers and corresponding administrative investigations in Nanjing.

Accolades

  • Ranked as “Recommended Lawyers” in Corporate and M&A by The Legal 500 Asia Pacific 2022
  • Ranked as one of 100 elite lawyers in China (“the A-List 2021”) by China Business Law Journal
  • Ranked as one of Leading Lawyer in Health Care and Life Sciences in “2022 China’s Top Ranked Lawyers” by LEGALBAND
  • Named “Next Generation Partners” in Regulatory / Compliance by The Legal 500 Asia Pacific 2020 and 2021
  • The only lawyer to be named as a “Notable Practitioner in Regulatory” by Asialaw Leading Lawyers 2020 Edition
  • Elected in 2018 to the pool of lawyers handling foreign-related legal matters organized by Shanghai Municipality Judicial Bureau
  • Recognized in 2017 as the Top 10 Young Lawyers of Huangpu District of Shanghai and was a finalist for the Top 10 Young Lawyers of Shanghai

Activities

  • Legal counsel of Shanghai Huangpu District Government
  • Civil and administrative case consulting expert by China’s Supreme People’s Procuratorate
  • Member of China Law Society
  • Lawyers’ Representative to the 11th Shanghai Lawyers Congress
  • Deputy director of Healthcare Practice Committee of Shanghai Bar Association
  • Commissioner of Shanghai Food and Drug Safety Research Institute
  • Commissioner of Life Science Law Research Committee of Shanghai Law Society
  • Commissioner of Disciplinary Department of Shanghai Bar Association
  • Commissioner of Lawyer’s Working Committee of Shanghai Huangpu District Judicial Bureau
  • Expert of Shanghai Overseas IP Protection Service Base
  • NYU Law International Advisory Board Member

Publications

  • Deputy Chief Editor, “Healthcare Law Issues regarding Fight against COVID-19”, published by Shanghai Bar Association in 2020
  • Comprehensive Analysis of Statutory Rights and Obligations of Stakeholders during COVID-19 under PRC Laws”, published by Inter-Pacific Bar Association, March 2020
  • Legal Protection of Intellectual Property Rights of Genetically-Modified Technology in China”, won first prize of China Health Law Society’s 2019 China High-End Food and Drug Administration Forum
  • Overview of U.S. and China’s Export Control Law Systems”; won third prize of 17th East China Lawyers’ Forum in 2019
  • “Historical Trade Frictions and China-U.S. Trade Disputes”, published by 2019 Shanghai Overseas IP Protection Service Base
  • U.S. chapter (2018) and EU chapter (2019) for the “Compilation of Key Country Trade Policies, published by Shanghai Commission of Commerce