Law Firms Face a Tale of Two Cities in China
Beijing or Shanghai? U.S. firms consider their options.
May 31, 2019 at 03:00 PM
4 minute read
If you could only keep one office in China, where would it be? Would you prefer Beijing, the capital and political center of the nation? Or would it make more sense to be in Shanghai? Sheppard, Mullin, Richter & Hampton recently had to make that decision, and they went with Shanghai. The coastal city, the firm said, is the more logical location for its cross-border M&A and IP practices. Sheppard Mullin's consolidation of its Chinese offices is déjà vu among U.S. firms. A couple of years ago, Winston & Strawn did the same thing by closing its Beijing office, and a few years before that Vinson & Elkins did the opposite by shuttering in Shanghai.
At the moment, 42 of the Am Law 100 operate a Beijing office, according to official Chinese records, and 41 are in Shanghai. Only 27 of those firms have offices in both cities.
Most firms are in Beijing for similar reasons: As the seat of the central government, Beijing is where all the top regulators are and where the national laws and regulations get made. In China, nearly every transaction has a regulatory component, so dealing with regulators is key to making deals.
For securities lawyers, for example, although Beijing hosts neither of the main stock exchanges, the China Securities Regulatory Commission approves all domestic listings and reviews matters related to all overseas listings. Wall Street firms are almost all in Beijing; in fact, most of them—Cleary Gottlieb Steen & Hamilton; Davis Polk & Wardwell; Milbank; Paul, Weiss, Rifkind, Wharton & Garrison; Simpson Thacher & Bartlett; and Sullivan & Cromwell—are only in Beijing.
And, of course, the fact that Beijing is home to the headquarters of China's largest state-owned enterprises appeals to Big Law. Many have been vying to represent big-ticket restructuring and M&A deals and overseas investments for those entities. In 2013, when Vinson & Elkins pulled out of Shanghai, it was betting on a rising wave of Chinese energy enterprises buying assets around the globe, and Beijing is where those decisions are made.
While not much of the national agenda is decided there, Shanghai has traditionally been a preferred location of multinationals' Chinese or regional headquarters. Many law firms came to Shanghai following their clients, including smaller regional firms such as Minneapolis-based Fredrikson & Byron.
But to Big Law, Shanghai has little to offer beyond an easier transition for those new to China. That is gradually changing. The one thing unique to Shanghai is the Free Trade Zone, where foreign law firms are able to join with domestic firms and gain access to Chinese law capability.
So far, Baker McKenzie and Hogan Lovells are the only U.S. firms to do so. Proximity aside, Beijing's concentration of regulators and most of China's top universities also draws in investments and businesses. Plus, it's home to China's earliest technology hub, Zhongguancun. Many of China's highest-valued unicorns are based in Beijing.
Both cities attract firms that are chasing so-called “new economy” work. For venture capital specialists, Beijing has Gunderson Dettmer, Shanghai has Fenwick & West, and Cooley and Wilson Sonsini Goodrich & Rosati are in both.
A third option has recently emerged, in Shenzhen, which apparently has taken over Zhongguancun as China's new Silicon Valley. Shenzhen is home to some of the best-known Chinese technology companies—Huawei Technologies Co. Ltd., ZTE Corp. and Tencent Holdings Ltd.
Practice in Shenzhen is so far only related to patents and technology, but the city has broken Beijing and Shanghai's three-decade run of dominance. And more firms are coming. Stay tuned.
Email: [email protected]
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Further Investment in Power' Will Drive Big Law Business—But What About Clean Energy Projects?
6 minute readLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute readAs Profits Rise, Law Firms Likely to Make More AI Investments in 2025
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250