Cross-Border Investment + Corporate Counsel Choosing your camp in an increasingly multipolar world

Date
Friday, April 26
Time
11:00-12:30
Location (Room)
La lune

This panel explores how FDI and export / import regulations targeting certain jurisdictions are making it harder for companies to satisfy the requirements of competing economic and political powers. US regulatory measures targeting Chinese and Russian companies, among others, and countervailing Chinese regulatory measures, have been well documented. The legal world took note of the consequences of these measures when Dacheng-Dentons severed their ties in July 2023 on account of new regulations in China on data privacy and cybersecurity. And of course, the US has been talking about banning TikTok for years.

These measures also affect companies from third countries that wish to do business globally. A company in, say, South America, will not be prohibited from engaging in business with a Chinese company that is subject to US sanctions, but doing so may affect that company’s right to engage in certain transactions in the US. More and more companies are faced with the prospect of having to choose their camp. This panel will delve into this matter and explore how companies are navigating these perilous shoals.

Moderator

photo

Eric Marcks

Eric Marcks, a co-founder of the southgate firm in Tokyo, advises on cross-border M&A, venture capital financings, and joint ventures, representing Japanese companies in outbound matters and international investors in inbound matters. He began his career in California and has been in Japan for the past 15 years.

Eric is recognized as a leading lawyer in the fields of M&A (Chambers, Legal 500, IFLR, Best Lawyers) and TMT (Legal 500). Eric is a part-time lecturer at Keio University Law School, where he teaches courses on venture capital and M&A, and he is a Vice-Chair of the Cross-Border Investment Committee of the Inter-Pacific Bar Association.

Speaker

photo

William Moran

Based in Tokyo, William Moran leads the White & Case international trade practice in AsiaPac. His work for sovereign and private-sector clients across the spectrum of international trade matters, including economic sanctions, export controls, and foreign direct investment regulation, for nearly twenty-five years has been recognized by Chambers (Band One), The Best Lawyers in Japan (2024 “Lawyer of the Year” for international trade), and WWL (Recommended Trade & Customs). William holds degrees from the University of Notre Dame (BA), University of Virginia (JD), and Kyoto University (LLM).

Speaker

photo

Zhiguo Yu

Zhiguo YU has more than 20 years of experience in the practice of international trade and investment laws. He advices clients on compliance of export control and sanction laws, responses to China’s trade remedy investigations and other kinds of trade law enforcements.

He is a former senior trade law advisor and investigator of the Ministry of Commerce of China, with extensive knowledge and experience handling cross-border issues on complex international trade and investment cases. He has participated in legislation, investigations, and law enforcements in relation to Chinese trade laws; and participated in international rule negotiations as a government delegate.

Speaker

photo

Huang Ningning

Partner, Grandall Law Firm (Shanghai)
Registered Foreign Lawyer, Grandall Law Firm (Hong Kong)

Mr. Huang has rich experience in the following areas: cross-border investment and financing, M&A, financial service innovation, commercial dispute settlement. He has in-depth knowledge on China’s Belt & Road Initiatives and the Free Trade Zone issues.

Mr. Huang is an active arbitrator and he sits on panels with arbitration institutions including CIETAC, SHIAC, HKIAC, BAC/BIAC, HIAC, SHAC, SCIA, SIAC, CQAC.

Speaker

photo

Ben Fouracre

Ben has been based in Japan for over 20 years where he has been responsible for assessing market entry strategy and risk exposure for Japanese multinationals operating overseas and for investors into Japan across a range of industry sectors through the conduct of strategic intelligence, risk assessment, due diligence and investigative assignments.

Previously Ben has held positions as managing director and Japan representative for both private and publicly listed consulting firms where he has been responsible for leading the design and implementation of complex risk and strategic assignments for Japanese companies operating in high-risk environments.

Ben is a guest lecturer at Hitotsubashi University Business School and at Todai University where he specialises in Human Rights and Social Sustainability.

Speaker

photo

Sean Stein

Sean Stein is co-chair of Covington’s China Public Policy group and was recently elected Chairman of the American Chamber of Commerce in China (AmCham). The election follows Sean’s completion of two terms as the Chairman of AmCham Shanghai (2022-2024).

At Covington, Sean is based in China and is a key resource on risk, public affairs, problem solving, and strategic communications. He regularly assists companies in China to resolve complex issues and to assess and mitigate risk. Prior to joining Covington, Sean was a U.S. diplomat with over twenty years of diplomatic experience in Asia, serving in leadership positions in China, Southeast Asia, India and Washington.