Welcome

Dear all,

Thank you to those who attended the inaugural China America Legal Forum: Law and Economy — Management of Legal Risk for International Business.

This Forum is the first of its kind in China to assimilate law and economics, two topics that rarely accompany each other at such events, at a singular high-end and large-scale international legal seminar. With the development of the Chinese economy and the growth of Chinese enterprises, it is no surprise that Chinese enterprises have made the inevitable choice to undergo the process of internationalization. We organized this Forum in hopes of assisting these aforementioned enterprises; in particular, we endeavor to resolve any obstacles that they may face legally and culturally while they expand their business internationally, and to enhance their legal awareness and legal thinking while imparting popular and practical legal knowledge and maneuvers to these enterprises.

Our innovation won wide support from the leaders of the legal and business industries. Over 300 professionals attended these included General Managers, Vice Presidents (Legal Affairs), Directors and other senior executives from some of the largest Chinese enterprises, managing partners and varying partners from local and foreign law firms, and representatives from many other organizations. Many of these professionals are even flying to Beijing from the United States just to attend the Forum. Half of our speakers contingent hail from the United States alone.

The inaugural China America Legal Forum is the culmination of 16 months’ worth of effort from start to finish. There were no more than three months between the official commencement of event preparation and the day of the Forum itself. This process comprises the dedication of countless people and organizations, without whom this high-level international conference would not have been convened. Our sincerest gratitude to our co-host Caijing Magazine; your unique, discerning concern regarding the internationalization of Chinese enterprises makes it possible for us to bring this Forum into fruition together. We would also like to extend our best to AmCham China for their many contributions to the Forum, and for actively promoting to their members opportunities for cooperation and exchange between Chinese and US companies. On behalf of my colleagues we also thank our strategic partner the American Bar Association and ABA President Mr William Hubbard for making a special trip all the way from the United States to address the Forum here in Beijing, and, last but not least, our many speakers who have, despite the short notice, graciously taken time out to carve out speeches tailored to their respective audience’s areas of interests.

I hereby invite each of our guests to be intimately acquainted with their anticipation for the Forum and their enthusiasm and hopes for the vast Chinese economy. It is our hope that this Forum will bring people and companies together and foster opportunities for future collaboration.

As guests, you can log onto www.cilacec.org and continue interacting with each other online after going through a simple registration process, where you can actively discuss any topics.

Thank you.

Angel Yingjun Wang
Chairperson, China America Legal Forum
Chairperson, China International Legal Affairs & Cultural Exchange Centre (CILACEC)

About

Law and Economy: China America Legal Forum

—Management of Legal Risk for International Business

Globalization and increased economic competition have combined with cultural and political differences in the two largest economies, China and America, leading to disputes that are growing in scope and complexity. Chinese companies want to do business in the United States, and the U.S. government welcomes such involvement. But many Chinese investments have been unsuccessful, in part due to a poor understanding of the U.S. legal landscape. Chinese newcomers to the U.S. have been about as bewildered as the first U.S. companies who entered China. Failing to understand the legal specifics of the U.S. business environment, such companies have fallen victim to their lack of preparation and ignorance.

Therefore, citizens and companies in both countries need to become more familiar with the legal environment for business establishment and operation as well as international so that they prevent legal problems and handle disputes that will inevitably arise. Only a thorough understanding of the legal culture and dispute resolution rules of the governing jurisdiction will allow trade to flourish in an atmosphere of confidence and trust.

To help Chinese companies solve the problems faced when going global, the Center will host the first Sino-American Legal Risk Management Forum with Caijing, the most prestigious business and financial magazine in China, and Harvard Business Review China. China Law Society, American Bar Association, and AmCham China are the strategic partners of the Forum. We are inviting over 200 business executives from more than 100 top tier Chinese companies who are doing business in the United States or plan to do so, including dozens of influential business leaders from China, judges and attorneys based in both the United States and China, as well as Chinese government officials. The event will serve as a platform for attendees who seek long-term and substantive communication and cooperation. Leaders and experts in business and the legal field will network, exchange ideas on the management of international legal risk for Chinese companies, and share their experience with decision makers.

The Forum will be held annually.

Partners

AmCham China

American Bar Association

Agenda

Law and Economy:
Management of Legal Risk for International Business
September 4-5, 2014
Grand Hyatt Hotel, Beijing, China

Thursday 4 September

14:30-18:30		Registration


18:30-20:30		Keynote Dinner for Legal Cultural Communication Between China and America (ticketed event)
		Moderator: Tian Wei CCTV Moderator in English

		Speakers
		Hon. David O.Carter, Federal Judge, United States District Court for the Central District of California
		Wei Jianguo, Vice Chairman, China Center for International Economic Exchanges
		Long Yu, General Counsel and Chief HR Officer, JD.com

		The inauguration of China International Legal Affairs & Culture Exchange Center (CILACEC)
		Angel Yingjun Wang, Chairperson, China International Legal Affairs & Culture Exchange Center (CILACEC)


Friday 5 September


09:00-10:00		Opening Ceremony

		09:00-09:10 Opening Ceremony
		Moderator: Tian Wei, CCTV Moderator in English

		Welcome Address
		Boming Wang, Chairman, SEEC Media Group Limited, Editor-in-chief, CaiJing Magazine

		09:10-09:20 Speech
		William Hubbard, President, the American Bar Association
		09:20-9:30 Speech
		Wang Junfeng, President, All Chinese Lawyers Association
		09:30-09:45 Speech: The Misunderstanding of Legal Culture—The Bottleneck for Chinese companies in Globalization
		Angel YingjunWang, Chairperson, China International Legal Affairs & Culture Exchange Center (CILACEC)
		09:45-10:00 Speech: The rule of law and Chinese reform
		Wei Jianing, Macroeconomic Research Department State Council Development Research Center


10:00-10:30		Coffee and Tea Break


10:30-11:40		Plenary Session: The Most influential Cases for Chinese Business in the U.S.

		In the new century, Chinese enterprises have stepped into a new stage of overseas investment, including the export of capital and the globalization of business. But the long- term differences in legal culture and social environment between Chinese and foreign society have also prevented some Chinese enterprises from adjusting to doing business globally. What’s more, there are more and more important economic connections and judicial interactions between China and the U.S. During this process, some overseas judicial events became momentary public hot spots, which, from the institutional aspect at the operational level, can affect the policy orientation and atmosphere for investment decisions in both countries.
		It is imperative that Chinese enterprises recognize that there can be great cost to ignoring legal procedures that take place outside of China but may affect them directly or indirectly. Chinese business leaders can benefit from an explanation of the effects of certain behaviors in case studies that demonstrate the importance of applying the local law expertly during the global expansion in order to protect their own rights and interests. In the context of
		globalization, internationalization is inevitable, including the risk of differences in the legal environment, but the challenge is that we must learn how to manage the differences and risks.


		Moderator
		Angel YingjunWang, Chairman, China International Legal Affairs & Culture Exchange Center (CILACEC)

		Speakers
		David O. Carter, Federal Judge, United States District Court for the Central District of California
		Andrew J. Levander, Chairman, Dechert LLP
		Teresa Cheng Yeuk-wah, Chairperson, Hong Kong International Arbitration Centre
		Derek Adler, Partner, Hughes Hubbard & Reed LLP (FCPA)


11:40-12:00		Speech
		Gao Xiqing, Professor, Tsinghua University and Duke University; Former General Manager, China Investment Corporation


12:00-14:00		Luncheon

		Luncheon Speech
		Mark Duval, President, AmCham China

14:00-15:30		Session I: Legal protection when acquiring land, real property and natural resources

		Natural and land resources are very scarce in China, and it has a unique system of land ownership. The United States has a long-term tradition that the real estate and underground resources are owned by the private sector, which has attracted more and more foreign capital for investment in the United States related to acquiring natural resources, including but not limited to real estate, farms, forests, mineral oil and other natural resources. In the course of a resource assets investment acquisition, drawing comparisons about comparative the parties already must weigh the legal risks and pitfalls for similar resources.






		Moderator: Zhang Libin, Head of Legal M&A, Asia & Australia for Siemens Ltd. China

		Speakers
		David A. Blumenfeld, Partner, Paul Hasting LLP
		Timothy Stratford, Partner, Covington & Burling LLP
		Xiao Yong, Head of Vinson & Elkins’ China Practice
		Wu Sijun, General Counsel, Golden Concord Holdings Limited

14:00-15:30		Session II: The key legal issues in investment of M&A

		Mergers and acquisitions are two main ways of achieving rapid growth and also an important channel for overseas enterprises to enter the local market. Acquisitions of listed and unlisted companies in the United States may involve a series of hurdles, including reporting and review by the CFIUS for acquisitions that may affect US national security, or notification filings for advance approval of mergers over a certain size. The filing procedural requirements can be quite precise and tedious, and the importance of creating an honest record and avoiding immoral behavior in order to acquire the trust of the regulator, market participants and stakeholders cannot be overstressed. Our authoritative legal experts will analyze some influential mergers and acquisitions cases that will demonstrate best practices to the decision makers in attendance.






		Moderator: Tao Jingzhou, Managing Partner, Dechert LLP China

		Speakers
		Xiaoming Li, Partner, White & Case LLP
		Nancy A. Fischer, Partner, Pillsbury LLP
		James A. Baker IV, Partner, Baker Botts LLP
		Wang Zilin, Vice President, China Appraisal Society; Chairman, China United Assets Appraisal Group

15:30-16:00		Coffee and Tea Break


16:00-17:30		Session III: Legal risks in the financial markets

		More and more Chinese companies are expanding their business to the U.S., and launching the business in the right way is very important. To do it correctly can save taxes and other expenses. Also, selecting the right form of your entity can help you avoid liability. Also, tips of how to raise money in the U.S. will be discussed; there are numerous ways to raise money both privately and publicly in the US. Companies launching businesses in the US should understand in advance how American corporate law, and securities and banking law will shape the way they do business, and how to design best practices to avoid risk.






		Moderator: Li Shuguang, Executive Vice Dean of the Graduate School，China University of Political Science and Law
		Speakers
		Noreen Weiss, Partner, McDonald Weiss PLLC
		Joel Rothstein, Partner, Paul Hastings LLP
		Liza Mark, Shanghai Administrative Partner, Haynes and Boone LLP
		Nie Ying, General Counsel, China National Aviation Holding Company
		Feng Guodong, Legal Director, Shanghai Aerospace industry (Group) Co.

16:00-17:30		Session IV: Intellectual Property Strategy: Technology Acquisition and Protection

		Entering the highlands of technological innovation in the world as well as engaging in R & D and pursuing patent registration has become an important factor for Chinese enterprises investing in the United States. And at the same time, investment acquisitions based on the demands of technical capabilities is becoming more and more common. Chinese companies encounter legal issues about IP law intensively when they expand into the U.S. They fail to realize that a common behavior in China may violate law or can lead to a law suit in a U.S. court. At the same time, Chinese companies need to use the U.S. IP law correctly to protect their own core technology from infringement. Useful suggestions will be given by legal experts.






		Moderator: Xu Jiali, Founding Partner of LongAn Law Firm; Ph.D. Supervisor on IP law, China University of Political Science


		Speakers
		He Jing, Partner, AnJie Law Firm
		Song Liuping, General Counsel，Senior Vice President of Huawei Technologies Co., Ltd.