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Min He has extensive experience handling anti-corruption/FCPA investigations, compliance risk assessments, pre-transaction compliance due diligence, anti-corruption compliance programs and training. Her experience spans a range of industries including life science, financial services, technology, energy, entertainment, gaming, and aviation. She also advises companies on securities class actions involving China-based companies listed in the United States and on arbitrations arising out of private equity investment and M&A activities in China.
- Conducting numerous internal investigations in connection with potential violations of the Foreign Corrupt Practices Act (FCPA) and Chinese anti-corruption laws.
- Assisting a major U.S. pharmaceutical company with a compliance audit of its joint venture in China and advising the company on compliance controls and remedial actions.
- Developing compliance programs and conducting compliance trainings for the Chinese subsidiaries of multiple companies listed in the U.S. and Europe.
- Advising a major state-owned conglomerate on FCPA and Chinese anti-corruption law issues in connection with a proposed joint venture with a leading U.S. private investment firm.
- Assisting a major U.S. pharmaceutical company with anti-corruption due diligence in connection with an acquisition of a local company in China.
- Advising multiple U.S. and European companies on Chinese anti-corruption law issues in connection with proposed corporate sponsorship, promotional activities and other corporate events.
- Handling a HKIAC arbitration arising out of disputes over shareholders’ agreement.
- Advising an investor in a CIETAC arbitration arising out of a private equity investment.
- Advising a China-based agricultural company in multiple securities class actions and a U.S. shareholder derivative action.
July 9, 2020, Covington Alert
China has published a near-final draft of a new Export Control Law that, if enacted as drafted, would build upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and implementation rules, with the goal of creating a unified export control system to promote China’s commitment to nonproliferation ...
May 21, 2020, Covington Alert
In an effort to curtail access by China’s Huawei Technologies Co., Ltd. to products made using U.S. semiconductor software and technology, the Commerce Department’s Bureau of Industry and Security (“BIS”) on May 15, 2020, released an Interim Final Rule expanding and extending U.S. export controls jurisdiction to certain non-U.S. items when destined for Huawei or ...
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 ...
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.
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 ...
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.
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
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 ...
May 23, 2016, Corporate Compliance Insights
November 19, 2015, Practical Law China