Crisis Management in China – What Every Company Should Know About Doing Business in China
Wednesday, June 03, 2015
Location: Stanford Law School
559 Nathan Abbot Way
Stanford, CA 94305
In light of the Glaxo-Smith Kline debacle, the recent $950 million settlement by Qualcomm, the report of the Chinese Government’s threat to arrest the CEO of InterDigital Communications, its prior effort to hurt the Apple brand, etc., doing business in China today is much different than it was even three years ago. Many executives believe that the business environment is hostile to foreign companies as the Chinese Government is actively working to protect Chinese companies against competition. There is a belief that the cyber-security threat from the Chinese government and Chinese hackers is serious and growing. On the other hand, the Chinese Government has loosened currency restrictions, is attempting to streamline approval processes, loosened VISA restrictions, is cracking down on corruption in an unprecedented way and taking other steps that would seem to make it easier to do business in China.Â To further complicate matters, the Chinese economy is entering into a slowdown and China may be facing a banking crisis of its own.
- Current Business Environment in China
- Crisis Management â€“ Dealing with legal, political and public relations issues
- NDRC and MOFCOM â€“ The uptick in investigations of foreign companies and the Qualcomm case
- FCPA and Chinese Anti-Bribery Law violations â€“ Considerations for US executives in light of Glaxo Smith-Kline
- IP Theft or embezzlement by managers or employees in China
- Cyber Security and Hacking â€“ Understanding the threat in China
OUR DISTINGUISHED PANELISTS
VP Global Ethics & Compliance,
Chad is currently VP, Global Ethics and Compliance at Applied Materials where the company was recently recognized by Ethisphere as among The World’s Most Ethical Companies for the fourth consecutive year. He was previously with Nokia as its first Chief Ethics & Compliance Officer. His career began with IBM in the in the ’80s working as a commercial IT lawyers in product and software development, and sales and distribution. He spent the first part of this century with Accenture working at the leading edge of information technology law and compliance. Chad has lived and worked across several states in the US and around the world. He and his family have enjoyed long-term assignments in Buenos Aires, Tokyo, Sydney, London and Helsinki. His extensive international and broad business experience have provided a strong foundation for his focus on corporate governance, ethics and compliance.
Chad’s vision and impact in the area of ethics and compliance have been well recognized by the field. He has served as faculty for a number of international symposia dedicated to corporate governance and compliance including the ACI FCPA Bootcamp, Ethics & Compliance Officers Association, Business Ethics Leadership Council, Forbes Business Ethics Summit, European Business Ethics Forum, ACC, World Corruption Summit, and the ABA. In 2009, Ethisphere recognized Chad as one of the Top Ethics and Compliance Officers after four years of leading Accenture to be recognized as among The World’s Most Ethical Companies.
Chad has also worked beyond the enterprise to promote ethical conduct working closely with non-governmental organizations such as the World Economic Forum’s Partnering Against Corruption Initiative and the UN where he was a contributing member of the UN Global Compact Principle 10 Task Force.
Go To Market Strategy & Investments,
Sarah Meyer is a Sr. Manager of Go-To-Market strategy and operations at EMC Corporation. She supports EMC executive staff in rolling out and maintaining key programs that drive EMC’s success and growth. Her focus has been EMC’s strategy in rapid growth international markets (BRIC, Middle East and Africa). This includes working with in-country leadership to identify opportunities for EMC investment and focus.
Since 2010 she has had a specific focus on EMC’s business in China, including assessment of market dynamics impacting the company and execution of the long term strategic plan. Within China her experiences span across EMC’s end to end operations. She has played key roles in establishing strategic partnerships with local companies, bringing new “for China” products and solutions to market, and leading key programs with academic and government organizations.
EMC is a global leader in enabling businesses and service providers to transform their operations and deliver information technology as a service (ITaaS). Fundamental to this transformation is cloud computing. Through innovative products and services, EMC accelerates the journey to cloud computing, helping IT departments to store, manage, protect and analyze their most valuable asset â€” information â€” in a more agile, trusted and cost-efficient way.
EMC employs approximately 60,000 people worldwide. We are represented by approximately 400 sales offices and scores of partners in 86 countries around the world. We have the world’s largest sales and service force focused on information infrastructure, and we work closely with a global network of technology, outsourcing, systems integration, service, and distribution partners.
Dr. Mei Gechlik
Founder & Director of China Guiding Cases Project,
Stanford Law School
Dr. Mei Gechlik is Founder and Director of Stanford Law School’s China Guiding Cases Project (“CGCP”) as well as Founder and President of Good Governance International (“GGI”).Â Formerly a tenured professor in Hong Kong, she has been a visiting professor at the Peking University and has spoken at prestigious law schools in the United States and China.Â Approximately four years ago, Dr. Gechlik founded the CGCP and GGI.Â The work carried out by the CGCP and GGI has been presented and commended at the U.S.-China Dialogue on the Rule of Law and Human Rights and institutions such as Oxford and Princeton universities.
In the nearly five years since its inception, the CGCP has become the premier source of translations, analyses of, and commentary on cases selected for reissuance as “Guiding Cases”, or de facto binding precedent, by the Supreme People’s Court of China and draws on the strength of a global team of approximately 150 law students, lawyers, and translation professionals, as well as the support of more than 40 distinguished experts, including justices from the U.S. Supreme Court and the Supreme People’s Court.
Prior to teaching and researching at Stanford Law School, Dr. Gechlik worked for the Carnegie Endowment for International Peace, a Washington-based think tank.Â She has testified before the U.S. Congress on various topics about China and has advised the United Nations and the Chinese government on implementing rule of law programs.Â She also has initiated meetings, including the “Legal Reform in China” Conference, featuring such distinguished speakers as the Hon. Sandra Day O’Connor, Associate Justice of the U.S. Supreme Court, and the Hon. Zhou Wenzhong, Ambassador of China to the United States.
Dr. Gechlik is admitted as a barrister in England, Wales, and Hong Kong and is a member of the Bar in New York and the District of Columbia. She received her J.S.D. from Stanford Law School and her M.B.A. in Finance from the Wharton School at the University of Pennsylvania.
Morgan, Lewis & Bockius LLP
Susan Resley is a partner in Morgan Lewis’ Securities Litigation and Enforcement Group.Â Susan began her career in the Enforcement Division of the SEC.Â Since entering private practice, she has represented and advised numerous private and public companies, financial services firms, boards, and officers and directors in internal and regulatory investigations, including SEC and DOJ investigations implicating the Foreign Corrupt Practices Act (“FCPA”).Â Â Susan also advises companies on FCPA compliance issues (including third party and M&A due diligence) and regularly provides FCPA training to companies’ employees and executives.
Brent helps companies and their stakeholders in the areas of due diligence, mergers & acquisitions, dispute resolutions, internal investigations, restructuring & turnarounds, marketing & business development, and interim management roles.Â Brent has over 20 years of China business experience which includes senior management positions consisting of Chief Representative, COO/Deputy General Manager, Director of Marketing & Business Development, CFO/Treasurer, and Chief Compliance Officer.
Brent is a Certified Insolvency and Restructuring Advisor, and he has led comprehensive turnaround programs in China to improve under-performing businesses and to fix financial reporting, liquidity, forecasting, and operational issues. His turnaround experience includes addressing areas such as simplifying organizational structures, consolidating sales & service functions, assessing product and customer profitability, consolidating technical operations, evaluating suppliers, implementing standardized budgeting & reporting, redesigning support functions, and reducing non-core costs.
As a Certified Fraud Examiner, Brent has provided dispute and forensic consulting services in internal investigations, purchase price and other commercial disputes, as well as criminal prosecution.Â Brent also has testified in court as an expert witness in fraud-related matters. From his experience in dealing with fraud-related matters, Brent applies a critical sense of skepticism necessary to effectively evaluate financial data and inputs obtained from operations on the ground. He has also helped many companies in FCPA-related matters including due diligence, assessments of existing compliance practices and infrastructure, internal investigations, developing and implementing effective compliance programs, and interim management/monitor roles.
Morgan, Lewis & Bockius LLP
James C. Chapman is a Partner at Morgan, Lewis & Bockius. He focuses his practice on securities law, venture capital, mergers and acquisitions, and international business transactions. He has more than 25 years of experience in corporate and securities law and has been involved in over 300 mergers, acquisitions and financing transactions. These transactions have included public offerings, private placements, debt financings, venture capital transactions, stock sales, asset sales, mergers, reorganizations and recapitalizations. Jim also has a significant background in international transactions, particularly dealing with China and Chinese-related companies. Jim was one of the early US attorneys handling transactions in China. His experience includes both assisting Chinese companies investing and raising capital in the U.S. and helping U.S. firms acquire Chinese companies, make strategic investments, enter into joint ventures, technology transfers and distribution arrangements and otherwise operate in China.
Jim is also the author of over 50 articles including “Trade Secret Protection in China: A Perspective from China and Hong Kong,” Association of Corporate Counsel (January 2013); “Mergers and Acquisitions – What Every CEO Should Know,” ExecuSense (October 2012); “Joint Ventures in China: What Every CEO Should Know,” Law360 (June 20, 2012); Co-author, “Clean Technology Innovation in China,” Eye on China – (February 2012); Co-author, “Clean Technology Innovation in China,” Top Capital Magazine (October 2011);Â Co-author, “Mergers and Acquisitions in China Part II: Anatomy of a Deal in the Middle Kingdom,” Corporate Finance Review (November-December 2011); Co-author, “Mergers and Acquisitions in China Part I: Anatomy of Deal in the Middle Kingdom,” Corporate Finance Review (September-October 2011); “Brave New World: Technology Transfer to China,” The Licensing Journal, Vol. 31, No. 7 (August 2011); “JIAO PENGYOU – A Guide for Successful Business Relationships in China,” AMA’s Leader’s Edge (March 2011); Co-author, “Mergers and Acquisitions in China: Current Trends and Challenges in the Middle Kingdom,” The Association for Corporate Growth (January 2011); “Intellectual Property Protection in China – Building the Proper Foundation,” (May 2009); “M&A In China – Ten Strategies for Successful Cross-Border Transactions,” Asian Counsel (September 2008); and “The Road to China: Ten Key Lessons for Doing Business in China,” The Licensing Journal, Vol. 28, No. 7 (August 2008).