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Ping An defends government enforcement actions and handles internal investigations into corporate misconduct on behalf of multinational corporations operating in China and other jurisdictions in Asia, as well as advises on the creation and implementation of corporate compliance programs.
Mr. An has provided regular FCPA and anti-corruption advice to multinationals during mergers and acquisitions, advised companies on compliance risks of proposed transactions, and assisted with revamping and upgrading internal controls and risk mitigation measures.
Mr. An has handled dozens of investigations for Fortune 500 companies in the pharmaceutical, medical device, technology, consulting, manufacturing, and consumer goods industries, including multi-jurisdictional FCPA investigations across different continents. He has particular expertise in handling investigations, risk assessments, third-party audits, and compliance advisory in the life sciences industry. With experience working with multiple top 20 global pharmaceutical companies, Mr. An has accumulated a considerable body of knowledge of life sciences companies’ risk profiles in China.
Mr. An is natively bilingual in Mandarin Chinese and English, and has traveled to 28 cities in mainland China to conduct investigations and risk assessments, and make site visits.
He also manages cross-border litigation in U.S. courts. As a trial lawyer, Mr. An first-chaired a number of jury trials and binding arbitrations in California.
- Conducted over 15 internal investigations for several leading multinational research-based pharmaceutical companies operating in China.
- Conducted multiple investigations for a multinational medical devices company.
- Advised on compliance issues related to clinical trials and development activities for multiple multinational life sciences companies.
- Conducted an internal investigation for a global manufacturing company in China.
- Led an internal investigation for a leading multinational consulting firm in China.
- Conducted an internal investigation for a global manufacturing company related to allegations of corruption in Southeast Asia.
- Conducted multiple investigations on behalf of a leading global consumer goods company into allegations of improper payments to officials.
- Conducted internal investigations on behalf of several leading multinational technology companies.
- Conducted compliance risk assessments for a multinational pharmaceutical company’s subsidiaries in China, Japan, India, Korea, and Indonesia.
- Conducted a China anti-bribery and anti-corruption compliance assessment for a multinational pharmaceutical company.
- Conducted a China compliance program assessment for a U.S. multinational medical devices company.
- Conducted an anti-bribery and anti-corruption risk assessment in China (as part of the global risk assessment) for a multinational medical devices company.
- Conducted a risk assessment for a multinational pharmaceutical company’s research and development activities in China.
- Conducted an assessment of a Japanese life sciences company’s legal and compliance function in Greater China and the rest of the Asia Pacific region.
- Conducted a compliance risk assessment for a multinational automotive company’s China operations.
- Conducted a deep dive risk assessment for a multinational food company’s operations in China.
- Conducted audits of multinational companies’ distributors and licensees in China.
- Provided ongoing compliance advice to a European medical devices company operating in China.
- Provided regular anti-corruption advice to a multinational personal care products company.
- Provided compliance advice and anti-corruption training for US sports leagues operating in China.
- Advised on the implementation of compliance controls in China for several U.S.-based consumer products companies.
- First-chaired three jury trials in California courts and three binding arbitrations to verdict.
- Defended a Chinese client in a U.S. multi-district federal product liability litigation.
- Enforced judgements by the Hong Kong International Arbitration Centre on behalf of a German company.
- Defended a leading U.S. food services company in a criminal investigation by Chinese enforcement authorities.
- Represented the Chinese joint venture partner of a European multinational telecommunications company in an internal investigation for potential FCPA issues.
- Handled a contract dispute matter for a U.S. consulting firm.
May 2020, Covington Alert
On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...
March 4, 2020, Covington Alert
The following alert is a summary of the district court’s acquittal of UK citizen Lawrence Hoskins, a former senior vice president at the French power and transportation company Alstom S.A. (“Alstom”), on FCPA bribery and conspiracy charges. Alstom pleaded guilty in 2014 to two counts of violating the FCPA in connection with a worldwide bribery scheme that ...
Compliance Under the Changing Regulatory Landscape in China
February 28, 2020, 2020 Life Sciences Compliance Congress Asia, Kyoto, Japan
December 12, 2019, Covington Alert
On November 8, 2019, a federal jury convicted Lawrence Hoskins, the former senior vice president of Alstom, of violating the Foreign Corrupt Practices Act (“FCPA”) for his role in a multi-million dollar bribery and money laundering scheme in Indonesia.
FCPA Considerations in Cross-Border Transactions
December 3, 2019, 2019 Annual China Compliance Week, Shanghai, China
October 11, 2019, Covington Alert
On September 27, 2019, the Securities and Exchange Commission (“SEC”) announced a $4.1 million settlement with Westport Fuel Systems, Inc. (“Westport”) and its former chief executive officer, Nancy Gougarty. Based in Vancouver, Canada, Westport is a clean fuel technology company that has shares listed on the NASDAQ. The SEC’s cease-and-desist order finds that ...
Update on DOJ April 2019 Focus Issues & Guidelines
October 10, 2019, APAC Pharma/Life Science Legal & Compliance Summit, Singapore
May 2019, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken in internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
February 3, 2019, Covington Alert
On January 29, 2019, Transparency International (“TI”) released its 2018 Corruption Perceptions Index (“CPI”), which ranks countries and territories by their perceived levels of public-sector corruption. The latest CPI figures show that, despite continuous domestics anti-corruption enforcement, China went down in both score and ranking, with a score of 39 out ...
November 14, 2018, Covington Alert
China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.
November 8, 2018, Covington Alert
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”
April 26, 2018, Covington Alert
On April 23, 2018, Dun & Bradstreet Corporation (“D&B”), a professional services company providing credit reporting information and other commercial data to businesses, agreed to pay more than $9 million in connection with a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the books and ...
China: Government Reorganization and Trade War Suggest More Anti-Corruption Enforcement in China
March 29, 2018, Covington Alert
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
March 2, 2018, Covington Alert
On November 20, 2017, the U.S. Department of Justice (“DOJ”) unsealed a criminal complaint against Chi Ping Patrick Ho, the head of a non-governmental organization (“Energy NGO”), which holds “Special Consultative Status” with the United Nations (“UN”) and is funded by a Chinese oil and gas conglomerate, CEFC China Energy Company Limited (“CEFC”) , and Cheikh ...
February 28, 2018, Covington Alert
On February 21, 2018, Transparency International (“TI”) released its 2017 Corruption Perceptions Index (“CPI”), which ranks countries and territories by their perceived levels of public-sector corruption. The latest CPI figures show that China slightly improved in both score and ranking, with a score of 41 out of 100 (where 0 represents most corrupt and 100 ...
November 13, 2017, Covington Alert
On November 7, 2017, the U.S. Department of Justice (“DOJ”) unsealed criminal charges against five individuals in connection with an alleged bribery scheme to assist Rolls-Royce plc (“Rolls-Royce” or the “Company”) in obtaining a US $145 million government contract to supply equipment and services for a gas pipeline from Kazakhstan to China.
August 18, 2017, Covington Alert
On July 27, 2017, a Manhattan federal jury convicted Macau billionaire Ng Lap Seng of bribing Caribbean diplomats to the United Nations (“UN”) to secure the organization’s support for a multi-billion dollar convention center that Ng hoped to build in Macau. After a five-week trial, the jury took just seven hours to return a guilty verdict on all six charges: ...
January 3, 2017, Covington Alert
On December 29, 2016, General Cable Corporation (“GCC”), a global manufacturer of wire and cable products, agreed to pay approximately $75.8 million in connection with a non-prosecution agreement with the Department of Justice (“DOJ”) and a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the ...
October 7, 2016, Covington Alert
On September 29, 2016, the U.S. Department of Justice (“DOJ”) issued letters of declination to NCH Corporation (“NCH”) and HMT LLC (“HMT”). Both companies are Texas-based “domestic concerns.” The letter to NCH, an industrial supply and maintenance company, relates to an investigation into possible violations of the anti-bribery provisions of the U.S. Foreign ...