English version translated by XU Xinyuan (Wayne)

 

01

Background

 

Chinese companies and multinational corporations (MNCs) in China have been the key targets of FCPA law enforcement. From year 2016 to 2021, among all the cases in which MNCs were penalized for violation of FCPA, a total of 21 cases were related to China, with total penalties amounting to approximately $1.58 billion. In addition, at least six Chinese citizens have been charged with violation of FCPA or sentenced to penalties.

 

On November 1, 2018, then-U.S. Attorney General Jeff Sessions put forward “China Initiative” to combat national security threats from China, proposing to screen out FCPA cases involving Chinese corporations in competition with U.S. ones. In December 2021, the White House releases the first U.S. Anti-Corruption Strategy in U.S. history, setting forth the Biden Administration’s comprehensive approach to combating corruption, and on December 9, Biden convened an online “Democracy Summit” of government and private sector leaders from 110 countries around the world, proposing that the U.S. would strengthen synergies among domestic sectors, promote close cooperation with international organizations and foreign governments and focus on combating cross-border corruption, which signaled that the U.S. would further expand the scope of the FCPA law enforcement and intensify them.

 

 

In the current global anti-corruption background, MNCs operating in China and Chinese corporations that have invested or plan to invest abroad are facing more stringent compliance requirements. In light of this background, Shanghai LANDING Law Offices, a law firm with outstanding achievements in overseas investment law, will cooperate with IKARIAN, a French consulting firm founded by Mr. Pierucci, the author of The American Trap, to provide cross-border business compliance services for MNCs operating in China and Chinese corporations that are about to invest abroad. We look forward to discussing with you on June 29, 2022.

 

02

Schedule

Date: Jun.29, 2022 (Wednesday)

 

3 P.M. – 3:10 P.M.

Opening remarks

 

Mr. LIU Yixing

Managing Partner of Shanghai LANDING Law Offices

 

3:10 P.M. – 3:50 P.M.

 

The American Trap - Corporate Compliance Risk in a Time of Economic Warfare

 

Mr. Frédéric Pierucci   

Founding Partner of IKARIAN, the Author of The American Trap

 

3:50 P.M. – 4:30 P.M.

 

Commercial Bribery Risk Management in Cross-border Enterprises Operations from FCPA Law Enforcement Cases

Ms. LI Yueqing

Senior Partner of Shanghai LANDING Law Offices

 

4:30 P.M. – 4:50 P.M.

 

FCPA Due Diligence for Corporate Cross-Border M&A

 

Ms. WANG Chunhong

Senior Partner of Shanghai LANDING Law Offices

 

 

4:50 P.M. – 5 P.M.

Q&A

 

 

03

How to participate?

 

Scan the QR Code above to join the online chatting group of this seminar and get the opportunity to discuss with the host and the guests.

 

04

Guest speakers

 

Mr. LIU Yixing

Managing Partner of Shanghai LANDING Law Offices

 

 

With a Bachelor’s Degree from Peking University, LL.M. from Coventry University, UK, and J.D. from National Taiwan University, Mr. Liu is expert at foreign investment, resolution of major international disputes, merger and acquisition, cross-border transactions and capital operation. His team is specialized in foreign investment and is providing professional legal services for more than 600 Chinese enterprises. Mr. Liu is also an arbitrator of Shanghai Arbitration Commission (SHAC), a researcher of Shanghai University of Political Science and Law(SHUPL), a member of China Association of Inventions and a member of World Service Group.

 

Mr. Frédéric Pierucci

 

Founding Partner of IKARIAN, the Author of The American Trap

 

 

Mr. Pierucci graduated from Ecole Nationale Supérieure de Mécanique et d’Aérotechnique（ENSMA）with a bachelor’s degree in engineering and Columbia University with an EMBA. He was the former executive at Alstom in France and has extensive international business experience in Germany, France, Switzerland, the UK, the US, China, Singapore and India.

 

After the “Alstom” incident, Mr. Pierucci dived into the key points and details of U.S. FCPA law enforcement and the UK Bribery Act, and founded IKARAN, a French Consulting Firm, which has successfully promoted French anti-corruption legislation and provided international business compliance support to well-known companies worldwide.

 

Based on his own experiences, Mr. Pierucci wrote the book The American Trap, which has become an international bestseller and a desk book for Chinese entrepreneurs such as Huawei’s Mr. REN Zhengfei.

 

 

Ms. LI Yueqing

 

Senior Partner of Shanghai LANDING Law Offices

 

With dual master’s degrees from Shanghai International Studies University and Chicago-Kent College of Law, Ms. Li has in-depth legal research and extensive experience in corporate compliance and FCPA, and is expert at helping enterprises to solve major and difficult legal compliance problems. With over ten years legal practice, Ms. Li has provided legal advice and services for many well-known Chinese and foreign enterprises in professional areas such as anti-unfair competition, FCPA, anti-bribery, conflict of interest. Ms. Li’s legal compliance service including compliance consulting, compliance training, establishment of compliance systems, compliance regulatory investigations, and major dispute resolutions, etc.

 

Ms. WANG Chunhong

 

Senior Partner of Shanghai LANDING Law Offices

 

With an educational background both in Chinese commercial laws and American financial laws, Ms. Wang is qualified to practice law in both P. R. China and New York State, U.S.A., and has rich legal experience in investment review of hundreds of high-tech companies. With her extensive experience in cross-border M&A and compliance, Ms. Wang has advised on foreign investment and M&A cases, provided legal support for the whole process of fundraising, investment management and liquidation for hundreds of investment funds, and established leading internal control compliance management systems for group enterprises. Ms. Wang is particularly experienced in foreign investment, cross-border M&A, private equity funds, corporate governance and compliance.

 

05

Organizer

 

Shanghai LANDING Law Offices

 

Shanghai LANDING Law Offices is a rapidly developing international law firm with all-round services. Under the guidance of “Specialized Services, International Vision and Steady Development”, we at LANDING are committed to building a Chinese-dominated international law firm excelling in its presence and services. Headquartered in Shanghai, China, LANDING has set up multiple branches or offices at home and abroad. In China, Landing has offices in 28 cities including Beijing, Shenzhen, Guangzhou, Xiamen, Hangzhou, Kunming and other major cities. Overseas, we have offices in 16 countries including but not limited to India, the United States, Japan, Thailand, Singapore. LANDING has developed into a Chinese law firm with the widest presence in developing countries along the “Belt and Road”, and the number of branches and offices is seeing rapid increase.

 

LANDING gathers experienced attorneys in various fields of practice and has reached outstanding achievements in a number of legal professional areas. Thanks to our innovative teamwork models, LANDING are able to provide clients with “one-stop” legal services with high quality and efficiency from the perspective of strategic requirements and commercial values, and guarantee our clients’ core commercial interests and corporate values.

 

LANDING has provided foreign investment and compliance legal services for hundreds of Fortune 500 companies, public companies, high-tech enterprises, and state-owned group-type enterprises, and is able to provide clients with all-around legal solutions from the perspectives of business, strategy, law, finance and tax.

 

 

IKARIAN Consulting Firm

 

 

In 2013, Mr. Pierucci, the former director of ALSTOM, was arrested in the United States and was charged with violation of FCPA. ALSTOM then was acquired by General Motors. After this notorious incident regarding the U.S. long-arm jurisdiction, Mr. Pierucci was engaged in an in-depth study of the FCPA and its law enforcement details and founded IKARIAN, a French consulting firm, in 2015.

 

IKARIAN has contributed directly to the legislation of the Sapin II Law of France, offered specialized training to AFA (Agence Française Anti-corruption or the French Anti-Corruption Agency), and provided international business compliance support for leading corporations worldwide.

 

IKARIAN has successfully provided compliance services for dozens of MNCs regarding the U.S. FCPA, the U.K. Bribery Act, and the Sapin II Law of France, including analyzing global compliance risks, reviewing and improving compliance processes, implementing appropriate training programs, and conducting compliance audits and third-party due diligence.

 

06

Co-Organizers

 

WeLegal    

LexisNexis