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Doing Business in and with Emerging Markets 2020


Speaker(s): Alex Hao, Andrew M. Levine, Anna Zorya, Benan Arseven, David Grosgold, David Tang, Edward J. Lee, Gina Rebollar, Jef Klazen, John Du, Jonathan Barnes, Mariana Ribeiro, Michael James, Minyao Wang, Nicole W. Friedlander, Rabindra Jhunjhunwala, Randall Cook, Reinaldo Ma, Steven M. Richman, Yan Zhang
Recorded on: Jun. 1, 2020
PLI Program #: 277613

Education

Bachelor of Laws, Pontifícia Universidade Católica de São Paulo (2001)

Specialization Course, Commercial Law, (Diplôme Superieur de l’Université D.S.U.), Université Panthéon-Assas, Paris II, France (2005)

 

Languages

Portuguese, English and French

 

Professional Experience

Associate, Xavier, Bernardes, Bragança – Sociedade de Advogados (2002-2011)

 

Additional Information

Member, AASP – São Paulo Lawyers Association


Alex Hao is a partner at JunHe’s New York office and a member of the firm’s Strategy Committee. Alex has been practicing law in New York since 2003.

Alex has significant experience in corporate, M&A, finance and FDI matters involving China. He also advises US clients on complying with China’s rapidly developing laws in areas such as anti-bribery, anti-monopoly, labor and employment, and national security. In addition, Alex acts as outside general counsel for many Chinese clients doing business in the U.S. (including some of China’s largest developers, banks and manufacturers) and links them with U.S. lawyers and other professionals.

Clients report that “Alex has superb instincts, utmost discretion, a keen judgment, a unique ability to de-mystify the complex, and a phenomenal ability to bring in all the expertise that is needed, but never more than what's needed.” Because “he's always exactly where you need him, when you need him” and “extremely creative and responsive”, clients “would recommend Alex in a heartbeat" and “just can't imagine doing anything legal in China without his counsel.”

Alex frequently speaks and writes on China-related legal and business issues, and has been interviewed by leading Chinese and U.S. media. He is an adjunct professor at Fudan University’s Fanhai International School of Finance in Shanghai, and co-chairs Practising Law Institute’s annual seminar on Doing Business in and with Emerging Markets in New York. Alex reads history avidly, studies Spanish and German, and travels the continents.


Andrew Levine is a litigation partner and member of the firm’s White Collar & Regulatory Defense Group. He regularly defends companies and individuals in criminal, civil and regulatory enforcement matters and has conducted countless internal investigations throughout the world. Mr. Levine also frequently advises clients on a broad array of compliance matters, including conducting risk assessments, enhancing compliance programs and mitigating risks presented by potential mergers, acquisitions and other transactions.

Mr. Levine is ranked as a leading lawyer for FCPA by Chambers USA (2019), where clients describe him as “exceptionally able and capable,”  “very pragmatic and hands-on” and “able to conceptualize and simplify quite quickly complex considerations and situations.” He is also ranked among the top three lawyers for Corporate Crime and Investigations in Latin America by Chambers Latin America (2020), where clients praise him for “offering very reasonable advice that helps us move forward.” Previous editions of the guide describe Mr. Levine as “a reassuring presence in tumultuous times” and “a calm, competent and thorough practitioner,” with clients valuing his “encyclopedic knowledge” and “ability to condense a complex situation into something understandable and manageable.”

In 2020, Latin Lawyer named Mr. Levine as “International Lawyer of the Year,” a recognition based on “his profile in the market and the vast amount of work he has done to shape the development of anti-corruption and investigations work in Latin America.” Since 2013, Mr. Levine has co-chaired the annual Latin Lawyer - GIR “Anti-Corruption & Investigations Conference” in São Paulo, Brazil and, in June 2019, co-chaired the inaugural edition of this conference in Mexico. In 2014, Mr. Levine was named to Global Investigations Review’s inaugural “40 Under 40” list of the world’s leading investigations lawyers.

Before joining Debevoise in 2006, Mr. Levine served as Deputy Counsel to the Independent Inquiry Committee into the United Nations Oil-for-Food Programme, led by Paul A. Volcker, from 2004 to 2005. Mr. Levine spearheaded the investigation into the Security Council’s oversight of Iraq’s humanitarian purchases under the Programme, through which thousands of companies made illicit payments exceeding $1.5 billion to the former Iraqi regime, and he was one of the two principal editors of the Committee’s numerous official reports. Mr. Levine served as a law clerk to the Hon. Dennis Jacobs, U.S. Court of Appeals for the Second Circuit, from 2003 to 2004, and to the Hon. Lewis A. Kaplan, U.S. District Court for the Southern District of New York, from 2002 to 2003.

Mr. Levine received his J.D. from Yale Law School in 2002, where he was a senior editor of the Yale Law Journal and submissions editor of the Yale Journal of International Law. He obtained his B.A. summa cum laude and Phi Beta Kappa from Yale College in 1997. From 1997 to 1999, Mr. Levine worked as a management consultant at McKinsey & Company, advising corporations and nonprofit organizations on issues of strategy, operations and organization.


Anna Zorya, Partner, Head of Corporate / M&A practice, specializes in representing corporate clients and financial institutions in mergers and acquisitions, cross-border structured finance transactions and other transactions in the capital markets and debt financing.

Prior to joining Arzinger, Anna headed the Corporate / M&A at a Ukrainian law firm as a partner. She worked in the corporate practice and later in the tax practice of one of the leading CIS law firms. She has in-depth experience in corporate and tax law, understanding the needs of the clients, proposes tailor-made solutions for the tasks set by the clients.

Author of numerous publications in various business and specialized legal journals on corporate law and M&A. One of the lead members of legal team responsible for elaboration of the Draft Law of Ukraine "On Limited Liability and Additional Liability Companies".

Chambers Global ranked Anna Zorya in Corporate and M&A practice.  Anna represents clients from a range of sectors including agriculture and TMT. Chambers Europe ranked Anna as well-regarded practitioner who is recognised for her role in M&A transactions: "With Anna everything is simple; she is quick and constructive." The IFLR 1000 highlights Anna Zorya in Corporate and M&A practice.


Benan Arseven is a founding partner of Moroglu Arseven Attorney Partnership, an independent full-service law firm specializing in business law.

Benan graduated from Istanbul University, School of Law in 1996. He has wide experience in all aspects of corporate and commercial law, as well as related dispute resolution. His long-term clients include major foreign, domestic and multinational Fortune 500 companies.

Benan has been recognized by Legal 500 EMEA as a leading corporate, commercial and M&A attorney. He regularly publishes articles on matters related to corporate, commercial and M&A topics. He is a member of International Bar Association, American Business Forum in Turkey, and Turkish Industry and Business Association.


David Grosgold is a partner in the firm’s Financial Institutions Group and Insurance Practice Groups. Mr. Grosgold’s practice focuses on domestic and cross-border corporate transactions in the financial services and insurance industries, including mergers and acquisitions, joint ventures, reinsurance and bancassurance transactions in the U.S., Latin America and Asia.

Mr. Grosgold is a recommended lawyer for insurance in The Legal 500 US 2017 and is also recognized by The Legal 500 Latin America 2015, which notes that he is a “rising star in the financial institutions space.” He was also named a “Rising Star” in 2015 by the New York Law Journal.

Mr. Grosgold received his B.A. from the Hebrew University of Jerusalem in 2001 and his J.D. from the Benjamin N. Cardozo School of Law summa cum laude in 2005, where he was a member of the Order of the Coif and served as Submissions Editor on the Benjamin N. Cardozo Law Review. Mr. Grosgold is a member of the New York Bar and is fluent in Spanish and Hebrew.


David Tang is a partner in the Shanghai office of JunHe LLP, having over 19 years of experience in trade and customs, economic sanctions and export controls matters.

David is one of the very few practitioners in China who has deep understanding and extensive experience in U.S. sanctions and export controls. He represents U.S. companies in internal trade compliance audits, end user due diligence and verification. In recent years he has helped many Chinese large SOEs to develop their compliance programs for coping with U.S. sanctions and export controls, and assisted Chinese clients in assessing sanctions/export controls risks for their business involving sanctioned countries.

Clients often seek for David’s very unique investigative and auditing expertise in finding facts for the purposes of internal investigations and government investigations related to FCPA and trade sanctions.

David is also highly experienced in international trade disputes (i.e. antidumping, countervailing duty, safeguard, 337) related to imports to U.S., EU, and PRC. His hands-on approach and ability to quickly understand a client’s business and operations has consistently enabled him to obtain the most favorable results in complex trade cases.

David’s practice also covers the full spectrum of customs matters, including classification, valuation, country of origin, duty assessment, VAT refund, free trade zones and bonded warehouses, import licensing, Chinese and US export control. David frequently assists clients in internal audits and compliance training. Clients always find his advice precise, clear and helpful. He also offers strategic and practical business solutions to exporters as well as importers in their long-term business planning, such as cross-border transactions, duty assessment, setup of importer of record, utilization of bonded warehouse and other programs.

David has been consecutively recognized as a leading lawyer in international trade by Chambers Global and Chambers Asia-Pacific since 2012.

 


Edward J. Lee is a transactional partner in the New York office of Kirkland & Ellis LLP. Ed’s practice focuses on mergers and acquisitions, corporate governance and shareholder activism defense.  Lawdragon has named Ed as one of the 500 leading lawyers in America, and IFLR1000 and Expert Guides have recognized him as a leading lawyer within the M&A practice. Law360 named Ed as one of six “Rising Stars” for M&A in 2018. Ed has significant experience advising on both cross-border and domestic transactions, as well as on spin-offs and carve-outs, joint ventures, LBOs, and initial public and other securities offerings. He has advised a broad range of public and private clients across industries, including, among others, technology, media and telecom (TMT), industrial, health care, consumer goods, energy and financial institutions. Ed is a David Rockefeller Fellow, Class of 2017-2018. Ed is also a member of the Council of Korean Americans, and serves as a board member and co-chair of the Corporate Law Committee of the Asian American Bar Association of New York, and as a member of the Leadership Advisory Group for the Korean American Lawyers Association of Greater New York. Ed holds degrees from Cornell University and Harvard Law School.


Gina Rebollar is General Counsel and Corporate Secretary of Clever Leaves, one of the world’s largest hemp and pharmaceutical cannabis producers. Clever Leaves is a fully legal cannabis company with a global footprint encompassing brands, extraction facilities, cultivation operations and other investments across Canada, Colombia, Germany, Portugal, and the United States, and 500 employees worldwide. Ms. Rebollar provides full-service counsel to Clever Leaves in capital markets, corporate governance, commercial and other global matters, and has led the development of the company’s legal and compliance function. Her extensive experience in mergers and acquisitions includes M&A transactions on three continents exceeding $30 billion in aggregate value.

Previously, Ms. Rebollar served as Senior Vice President and Managing Counsel at Chubb (NYSE: CB), the world’s largest publicly traded property and casualty insurance company with operations in 54 countries.  Before joining Chubb, Ms. Rebollar was an associate with the law firm of Cleary Gottlieb Steen & Hamilton, where her practice covered a broad range of corporate transactions.

Ms. Rebollar earned her J.D. from New York University School of Law and B.A. from Duke University. She is the chair of Stoked, an action sports youth development non-profit.


Jef Klazen focuses on international enforcement of judgments and arbitration awards, as well as cross-border asset recovery in fraud cases. Described by the publishers of Global Arbitration Review as "a lawyer who thinks like an investigator," he advises clients on how to monetize high-value claims and judgment, and has particular experience with enforcing awards in investor-state disputes that may involve state immunity.


John Du is a partner in the New York, NY office of JunHe specializing in business and corporation practices.

John obtained his MBA degree from Baruch College in 1994 and graduated cum laude from New York Law School in 1998. John worked at several top-notch boutique law firms before joining JunHe in 2001. 

Since joining JunHe, John has successfully represented numerous multinational companies, many of which are Fortune 500 companies, in their China investments and operations in a variety of industries and services. With assistance from his colleagues in JunHe’s China offices, John has represented both US and Chinese clients in some highly difficult negotiations of M&A transactions as well as formations and separations of Sino-foreign joint ventures.

In recent years, John has also represented some blue chip Chinese companies in their expansion into the US market and has often acted as their outside general counsel on a variety of assignments, ranging from initial corporate setup to M&A and private investment. Along with other US bankruptcy lawyers, he has co-represented Chinese investors participating in US bankruptcy proceedings including 363 sales.

John’s successful representation of clients doing business in China has earned him special recognition, including Top Lawyer (M&A, China) nomination by AsiaLaw in 2011, and Leading Lawyer (Private Equity) nomination by IFLR 1000 in 2012, 2013, 2014, and 2017, and Leading Lawyer in Corporate/M&A by China Law and Practice in 2015. He is also a frequent speaker at such venues as PLI and ABA on legal issues relating to doing business in China.


Jonathan Barnes is a Senior Associate in Bowmans’ Johannesburg office who specialises in Commercial Litigation and International Arbitration.

His expertise extends to transactional disputes, contractual claims, mining-related disputes and urgent High Court proceedings. Jonathan has also worked extensively in the food and beverage sector and has successfully defended South Africa's largest brewery in litigation and arbitration proceedings.

Jonathan has worked on a number of cross-border disputes in both the litigation and arbitration fields, which involved the following jurisdictions in addition to South Africa: Botswana, France, Nigeria, Tanzania and the United Kingdom.

He is a qualified mediator accredited by both the Africa Centre for Dispute Settlement and the Centre for Effective Dispute Resolution in the United Kingdom

Jonathan has BA and LLB degrees from the University of the Witwatersrand and an LLM degree from the University of Edinburgh. The key focus of Jonathan’s LLM degree was international arbitration and the recognition and enforcement of foreign judgments.


Michael James is Vice President and Associate General Counsel – International with Nuveen in Chicago. Nuveen, the investment management arm of TIAA, is one of the largest investment managers in the world and manages a broad array of assets across diverse asset classes, geographies, and investment styles.

Nuveen’s International Legal team has responsibility for legal and regulatory issues related to product development, sales and distribution, corporate governance and regulatory affairs outside the United States

Michael has over a decade of experience working as legal counsel with international asset managers, having previously been based in London with Man GLG and Lazard Asset Management and prior to this training with Simmons & Simmons. Michael has advised on issues involving EU registered funds (UCITS), alternative funds subject to AIFMD, and investment management agreements involving institutional investors, including sovereign wealth funds.  Michael qualified as a Solicitor in England and Wales and is admitted to the Bar in Illinois. 


Practice Areas

  • Corporate Law and foreign investment
  • Mergers & acquisitions
  • Infrastructure
  • China Desk
  • Mining

 

Professional Experience

Reinaldo is the head of TozziniFreire's China Practice Group. With more than 15 years of experience in the corporate area, he has assisted several Chinese companies with transactions in Brazil as well as domestic companies in their businesses in China. Reinaldo previously worked for SAMARCO MINERAÇÃO S.A. (a JointVenture between Brazilian mining company VALE and Anglo-Australian mining company BHPBilliton) in Brazil and in Hong Kong; for Simmons & Simmons at Shanghai and Hong Kong offices, and has coordinated the establishment of the China-Brazil Business Council.

 

Education

Graduate of the Law School of PUC-Rio (Pontifícia Universidade Católica do Rio de Janeiro), 2000

 

Additional Activities

  • Director of CBBC (China-Brazil Business Council)
  • Frequent speaker at INSPER Business School on China related matters
  • Vice-chair of IPBA – Inter Pacific Bar Association, Cross Boarder Investment Committee

 

Recognition

Reinaldo is recognized by Chambers Global, The Legal 500, Latin Lawyer 250 and IFLR1000, important international legal publications.

 

Languages

  • Chinese
  • English


Rabindra is a partner and a senior member in the Corporate, M&A and Private Equity practice in Mumbai. He started with the firm in its Kolkata office in 1990 and co-founded the Mumbai office in 2001.

Rabindra heads the firm's IBA, France Desk and Germany Desk initiatives which looks at enhancing business/economic co-operation and relationships in those economic corridors. He also sits as an officer on the IBA Corporate and M&A Committee.

Rabindra focusses on domestic and cross-border M&A, private equity and advises clients regularly on all aspects of foreign investments (both inbound and outbound) and regulatory approvals. He has advised several multinationals and Indian companies on complex and big-ticket M&A transactions.

Rabindra has been acknowledged for his vast experience and expertise and is recommended as a leading lawyer by several leading publications, including Chambers & Partners, IFLR 1000, Legal 500 and Asialaw Leading Lawyers for Corporate/M&A. He is ranked amongst top 100 lawyers in India by IBLJ through an independent survey of General Counsels.


Steven M. Richman holds a law degree from New York University School of Law, J.D., cum laude, 1980, Order of the Coif, and a B.A. degree, summa cum laude, from Drew University.  He is a member of Clark Hill PLC, based in Princeton and New York, with a national and international litigation and arbitration practice including representation of foreign and domestic companies in dispute resolution and contract matters.  He is the author of the ABA book, Photography Law Handbook, and has written and spoken extensively in the areas of international law, corporate social responsibility, contracts, litigation and arbitration, and ethics and professional responsibility. He is Immediate Past Chair of the American Bar Association’s 17,000 member Section of International Law, a Section delegate in the ABA House of Delegates, as well as an ABA Liaison to the UIA and the United Nations.  Within the International Bar Association, he is an officer of Bar Issues Commission.  He is a former member of the National District Export Council Board, and appointed to the New Jersey District Export Council by the United States Secretary of Commerce.


Yan Zhang is a highly skilled lawyer with experience in both adversarial and transactional matters. She represents clients from a broad range of sectors. In her adversarial practice, Yan is experienced in the resolution of Chinese-foreign business disputes and has advised clients in proceedings conducted under a number of institutional arbitration rules including those of the HKIAC, AAA and CIETAC.

In Chambers Asia Pacific 2020, Yan is recognized in the International Arbitration category as “Up and Coming”, and clients praise Yan “comes across as very confident, logical and well organised in her oral advocacy” and her "good ability to think and respond on her feet" and describes her as “one of few truly bilingual counsel at partner level who can conduct advocacy fluently in the Chinese language.” The 2019 edition praised Yan as “very commercial”, "very responsive”, “very diligent” and “suggests sensible ways of solving disputes." Moreover, Yan is recognized as a “Next Generation Lawyer” in The Legal 500 Asia Pacific 2018 – International Arbitration. In her transactional practice, Yan represents private equity funds, hedge funds, and multinational companies in mergers and acquisitions, reorganizations, fund formation, and other general corporate matters. Yan’s diverse practice gives her a unique blend of skills that benefit her clients at all stages of the corporate lifecycle.

Prior to joining Sidley, Yan practiced at the New York, Shanghai and Hong Kong offices of another leading U.S. law firm. Yan is fluent in English and Mandarin Chinese.


Randall H. Cook is a Senior Managing Director at Ankura based in New York. He has more than 20 years of experience as a former federal prosecutor, in-house executive leader and counsel, Inspector General, law firm attorney, and US Army officer leading and advising organizations engaged with critical operational, compliance, and risk mitigation challenges. Randy assists companies, organizations, investors, and counsel to navigate complex risks arising from national security concerns (including the Committee on Foreign Investment in the US (CFIUS) and US trade controls); government and regulatory investigations and audits; and public and fiscal integrity issues.

Prior to joining Ankura, Randy was Senior Counsel for two Fortune 50 aerospace technology companies, where he built and led global compliance and investigation programs focused on consistent, process-based risk analysis, engagement, and mitigation. These programs were a critical enabler for the companies’ successful navigation of consent agreements with the US Department of State.

Randy also was an Assistant United States Attorney in the federal district of New Jersey, where he prosecuted numerous complex crimes while serving as District Coordinator for Counterproliferation Initiatives and as the Anti-Money Laundering District Coordinator for the Organized Crime and Drug Enforcement Task Force. Previously, he was an attorney for Covington & Burling LLP in Washington, DC, where he provided counsel and advocated for clients confronting complex regulatory issues in multiple industries.

Randy served in the United States Army and Army Reserve as an Infantry Officer, Battalion Executive Officer, Company Commander, and Inspector General. He is currently assigned as an instructor in the US Army Command and General Staff College, where he teaches strategy and operational design to Army field-grade officers.

Randy’s professional experience includes:

  • CFIUS Monitorships: Supervised design and implementation of CFIUS-required independent third party monitorship programs for: a global technology company that recently acquired software products used by US Government agencies; a global financial services company that was acquired by a Chinese multi-national conglomerate; and a sensitive solar power facility. In each instance, the program includes collaborative development and monitoring of sensitive data management, minimization, and security elements; training; incident identification and reporting; non-retaliation; insider threat; cyber security; system and product integrity assurance; and physical security.
  • Disaster Recovery Procurement Compliance Program Design and Implementation: Led a team of Ankura professionals to design and implement a public procurement compliance program office in support of disaster recovery and rebuilding efforts for a large public utility following a catastrophic hurricane. The program office reviewed over $1.5 billion in procurement activity for Stafford Act compliance, conducted a compliance assessment and enhancement plan, and provided policy support and reporting in order to assure the utility’s credibility and the availability of federal disaster recovery assistance funds.
  • Compliance Risk Assessment and Prioritized Program Design: Led a team of Ankura professionals to design a post-audit compliance program for fortune 500 international manufacturer. Approach integrated existing enterprise processes and systems, and developed a project plan that enabled the enterprise to implement the program through phased, risk-prioritized, iterative enhancements.
  • Monitorship Investigations and Compliance Program Implementation: Led a team of Ankura professionals to design and implement an internal investigations and related compliance program for a fortune 50 aerospace defense and technology company to satisfy the requirements of a Consent Agreement with the US Department of State. The program enabled the company to successfully implement an accountable, efficient investigation process and fulfill its compliance requirements to the satisfaction of the Consent Agreement’s monitor.
  • As Senior Counsel and Empowered Official for two fortune 50 aerospace technology firms, Randy built a compliance, investigation, and audit program specifically cited by State Department regulators as the “best in the industry” and led over 250 investigations with 100 percent success in resolution without enforcement action. Randy reduced outside counsel fees by over 90 percent over a two-year period.
  • As an Assistant US Attorney, Randy served as the lead federal prosecutor on over 100 cases involving trade controls, sanctions, government contracts, fraud, computer crimes, money laundering, bank and tax fraud, narcotics, war crimes, and terrorism. During his tenure, he tried five cases to verdict, prepared 10 cases to within weeks of trial, and drafted and argued dozens of motions, as well as interviewed and prepared hundreds of targets, subjects, and witnesses.
  • As a law firm attorney, Randy focused his practice on government, congressional, and internal investigations; CFIUS; trade controls; public integrity; anti-corruption; anti-fraud; and corporate defense for defense, policy, financial services, logistics, pharmaceutical, and technology clients.
  • As a Lieutenant Colonel for the US Army and the Army Reserve, Randy served as an Inspector General, conducted federal whistleblower and contract fraud investigations, and led organizational audits. As an Infantry Battalion Executive Officer, Task Force Operations Officer, and Company Commander, he provided mission-critical leadership, planning, coordination, and decision-making during multiple international and domestic contingencies.


Nicole Friedlander is a partner in Sullivan & Cromwell’s Criminal Defense and Investigations Group and co-head of its Cybersecurity Practice. Ms. Friedlander represents clients in complex internal investigations, regulatory enforcement proceedings and criminal matters involving every aspect of white-collar crime, including fraud, FCPA, insider trading, theft of trade secrets, money laundering and tax matters. Ms. Friedlander also advises major corporations and Boards of Directors in cybersecurity planning and incident response.

Ms. Friedlander joined the Firm in 2016 from the United States Attorney’s Office for the Southern District of New York, where she was Chief of the Complex Frauds and Cybercrime Unit, and served for over eight years. In white-collar, among a wide range of cases, Ms. Friedlander led major prosecutions of offshore banks for facilitating tax evasion; secured one of the largest-ever FCPA resolutions; led cutting edge prosecutions of virtual currency exchangers for money laundering and Bank Secrecy Act violations; and brought a groundbreaking racketeering case against the owner of multibillion-dollar payday lending companies. In cybersecurity, Ms. Friedlander led the successful investigation of the largest-ever cyber theft of customer data from a U.S. financial institution; oversaw the indictment of Iranian state-sponsored hackers for coordinating cyberattacks on 46 financial institutions; and prosecuted a Russian national for hacking U.S. banks in a case the FBI named one of its top ten of the year. Ms. Friedlander was also a part of the litigation team that challenged an internet services provider to comply with a warrant, leading to Congress’ passage of the CLOUD Act.

During her tenure at the U.S. Attorney’s Office, Ms. Friedlander also successfully tried numerous federal criminal cases and briefed and argued appeals before the U.S. Court of Appeals for the Second Circuit.