Luke Yang
Partner
Shanghai office
Mandarin | English
+86 21 68361233
luke.yang@sgla.com
7/21F, Foxconn Building, No.1366 Lujiazui Ring Road, Pudong, Shanghai, P.R. China
Lawyer Summary

Bar Admission: PRC Bar admitted,NY Bar admitted.

Compliance & Government Regulation

Luke YANG has worked for both domestic and multinational enterprises on a range of compliance and regulatory issues, such as establishment of compliance systems for state-owned and private enterprises, as well as anti-corruption, fraud, anti-money laundering, conflicts of interest, trade secret disclosure, embezzlement, and other violations of laws and regulations. Luke YANG provides a wholescale compliance services to clients in the field of anti-bribery and anti-corruption, including formulating compliance policies, advising on the development and implementation of compliance systems, conducting internal investigations, assessing compliance risks and providing solutions to business models, and responding to government investigations and punishments.

Litigation & Arbitration

Luke YANG acted for clients in arbitration cases in Mainland of China, Hong Kong, UK, Singapore and other jurisdictions, as well as litigation cases mainly in Mainland China, involving international trade, Sino-foreign joint venture, ODI investment, funds, trusts, equity transfer, leasing, trading and distributorship, franchise management, private lending, intellectual property rights and other fields. His clients include multinational corporations, foreign-invested enterprises, private equity funds and large state-owned and private enterprises.

Education
2012 to 2013, George Washington University Law School,
2010 to 2012, TLBU Graduate School of Law, Master of Laws
2006 to 2010, Renmin University Law School, Bachelor of Laws,
Experience

Feb. 2021 to date, SGLA Law Firm, Partner

May 2015 to Feb. 2021, Zhong Lun Law Firm, Senior Associate

Case

Compliance & Government Regulation

1. A wealth management company owned by one of largest domestic bank, assisting the client to build up its AML compliance systems with reference to the compliance polices of its parent bank, other public funds and private equity funds, etc.,

2. A domestic coffee company listed in the United States, assisting one international law firm to conduct an internal compliance investigation regarding the fraud allegation by Muddy Waters Research in its short report, draft PRC law related opinion, draft the document review protocol, conduct the state secret review and the relevancy review.

3. A Canadian manufacturer of aircraft simulators, assisting the client to deal with one PRC criminal investigation concerning bribery involved with a major state-owned airline and providing pre-training for the client’s executives to be questioned by procuratorial organs in Hong Kong anti-corruption prosecution, and preparing materials to be submitted to procuratorial organs in China.

4. A well-known industrial automation company in the United States, a fresh dairy producer in France, a direct-sales company in the United States, a fuel system manufacturer in Canada, a shipping company in the United States, a packaging machinery manufacturer in Italy, an Italian clothing company and a Japanese bathroom brand, assisting such clients to carry out internal compliance investigation on employees' suspected duty embezzlement, pyramid selling activities, contract fraud, disclosure of company trade secrets, violation of non-competition agreement, violation of company financial system, acquisition fraud, etc., assist in handling employee dismissal matters and conducting criminal reports.

5. A Singapore catering company, assisting the client to deal with a blackmail case involving a former employee who threatened to expose food hygiene violations.

6. A Japanese securities company, assisting the client in cooperating with the Shanghai Xuhui Public Security Bureau to deal with the office disturbance and intimidation of a former employee

7. A well-known domestic inclusive finance company, conducting a legal and compliance risk assessment on the network security and data protection issues in the creditor's rights transfer business planned by the client.

8. A domestic commercial bank, assisting the client in response to the grand jury subpoena served by the US court, drafting the expert opinion of Chinese law on not disclosing the bank account information of China to the US court.

9. A large construction industry state-owned enterprise, a high-tech state-owned enterprise, an American law firm, assisting such clients in the review of state secrets, evidence relevance review, to support a series of lawsuits in the U.S. court.

10. Providing FCPA related compliance training to a number of foreign companies from U.S., UK and Japan.

Commercial Litigation & Arbitration

11. Acting for a large domestic trust management enterprise to deal with the cross-border business disputes arising from foreign investment on behalf of the client since 2017 till now. The subject matter of dispute reaching about 5 billion yuan. Luke YANG cooperated with international law firms and assisted the Clients in multiple proceedings in Shanghai First Intermediate People's Court, Pudong Court, Chongming Court, Hong Kong High Court, ICC, HKIAC, Cayman Islands Courts, Dutch Courts, etc.. The team finally won the victories in onshore cases.

12. Acting for a private fund manager to deal with over 20 cases brought by the PE investors in SHIAC and Shanghai Chong Ming Court to terminate the PE contracts, plead for information disclosure and tort liability.

13. Acting for a domestic lending company owned by UnionPay to deal with the dispute against one of state-owned insurance companies.

14. Acting for a well-known Russian food group to deal with the distribution contract dispute between the client and its general distributor in China, which was tried by Shanghai Pudong New District Court.

15. Assisting for an domestic angel investor to deal with an equity dispute case against a well-known domestic P2P platform, heard by Shanghai International Arbitration Center.

16. Acting for a famous German manufacturer to deal with a service and guarantee contract dispute case, heard by Dalian Intermediate People's Court;

17. Acting for an American electrical medical company to deal with a dispute over the validity of a contract crossed under civil and crime in the Ningbo Haishu Court and Ningbo Middle Court and providing compliance risk assessment in relevant matters.

18. Acting for a company listed in Hong Kong in an arbitration before Shanghai Arbitration Commission to enforce relevant VIE contracts.

19. Acting for a Chinese individual in dealing with the dispute over the entrust agreement in connection with the execution of the winding-up order within the territory of a Singapore company involved in the winding-up proceedings.

20. Acting for an Chinese individual investor to deal with the equity investment dispute case against a well-known coffee shop in Shanghai.

21. Acting for a fitness chain enterprise in Shanghai and its founder to deal with the equity investment dispute case against one of its equity investors.

22. Acting for a construction company in Yunnan and its founder to deal with the equity investment dispute against one of its equity investors.

23. Acting for a domestic franchisee to deal with the franchise dispute case against an aluminum household brand owner.

24. Acting for a Chinese individual to deal with the private lending dispute against the Dongguan Tuan Dai Network, internal executives and the creditor's claim company, which was heard by the Beihai International Arbitration Commission.

25. Acting for a Canadian fuel system manufacturer to handle a dispute over a water pump supply contract in the trial of CIETAC, and deal with the subsequent court execution and settlement negotiations.

26. Acting for eBay China to answer three cases brought by online customers in PRC court.

27. Acting for Menk to bring claims against a Malaysian buyer in a sales contract disputes.

28. Acting for Mamee to sue its tenant for the termination of one leasing contract.

29. Acting for Mamee to sue its distributor for the termination of one exclusive distributorship agreement.

30. Assisting for Golden Jaguar to answer its landlord’s claim for office renovation cost compensation.

31. Drafting a legal analysis for a famous Italian pharmaceutical company regarding the possibility and merits of a product defect claim against one Chinese pharmaceutical company.

32. Drafting a legal analysis for a medical company regarding its legal defenses in one complex service contract dispute and assist in settling the case successfully.

33. Drafting a legal analysis of litigation strategy before litigation on the exercise of repurchase right in an investment and merger dispute for a well-known domestic online medical company.

34. Drafting a legal analysis for a French producer of fresh dairy product regarding its legal grounds to terminate the acquisition of one dairy company and assisting to successfully resolve disputes through negotiations.

35. Drafting a legal analysis for an American insurance company regarding the potential legal disputes in its ongoing acquisition of a Chinese insurance companies and assisted in successfully resolving disputes through negotiations.

36. Drafting a legal analysis for a domestic online dating platform company regarding its legal grounds and available methods to enforce one share transfer agreement.

Articles

1. How to override an executive order issued by the president of the United States?

2. The core legal issues about whistleblower protection

3. The battle to take control of the house between the landlord and the sublease tenant after the apartment long-term rental mode collapsed

4. Be ready to arbitrate your disputes in HKIAC with its new rules

5. Is the opinion given by DOJ under the FCPA Opinion Procedure merely an opinion?

6. Case Study – look into the long-arm jurisdiction exercises of GDPR through recent fined Europe related international companies

7. Q&A about China Consumption Restriction Order

Contact Me
Submit
Luke Yang
Partner
Shanghai office
Mandarin | English
International Investment & International Trade
Dispute Resolution
Compliance and Regulatory
+86 21 68361233
luke.yang@sgla.com
7/21F, Foxconn Building, No.1366 Lujiazui Ring Road, Pudong, Shanghai, P.R. China
Lawyer Summary

Bar Admission: PRC Bar admitted,NY Bar admitted.

Compliance & Government Regulation

Luke YANG has worked for both domestic and multinational enterprises on a range of compliance and regulatory issues, such as establishment of compliance systems for state-owned and private enterprises, as well as anti-corruption, fraud, anti-money laundering, conflicts of interest, trade secret disclosure, embezzlement, and other violations of laws and regulations. Luke YANG provides a wholescale compliance services to clients in the field of anti-bribery and anti-corruption, including formulating compliance policies, advising on the development and implementation of compliance systems, conducting internal investigations, assessing compliance risks and providing solutions to business models, and responding to government investigations and punishments.

Litigation & Arbitration

Luke YANG acted for clients in arbitration cases in Mainland of China, Hong Kong, UK, Singapore and other jurisdictions, as well as litigation cases mainly in Mainland China, involving international trade, Sino-foreign joint venture, ODI investment, funds, trusts, equity transfer, leasing, trading and distributorship, franchise management, private lending, intellectual property rights and other fields. His clients include multinational corporations, foreign-invested enterprises, private equity funds and large state-owned and private enterprises.

Education

2012 to 2013, George Washington University Law School,

2010 to 2012, TLBU Graduate School of Law, Master of Laws

2006 to 2010, Renmin University Law School, Bachelor of Laws,

Experience

Feb. 2021 to date, SGLA Law Firm, Partner

May 2015 to Feb. 2021, Zhong Lun Law Firm, Senior Associate

Case

Compliance & Government Regulation

1. A wealth management company owned by one of largest domestic bank, assisting the client to build up its AML compliance systems with reference to the compliance polices of its parent bank, other public funds and private equity funds, etc.,

2. A domestic coffee company listed in the United States, assisting one international law firm to conduct an internal compliance investigation regarding the fraud allegation by Muddy Waters Research in its short report, draft PRC law related opinion, draft the document review protocol, conduct the state secret review and the relevancy review.

3. A Canadian manufacturer of aircraft simulators, assisting the client to deal with one PRC criminal investigation concerning bribery involved with a major state-owned airline and providing pre-training for the client’s executives to be questioned by procuratorial organs in Hong Kong anti-corruption prosecution, and preparing materials to be submitted to procuratorial organs in China.

4. A well-known industrial automation company in the United States, a fresh dairy producer in France, a direct-sales company in the United States, a fuel system manufacturer in Canada, a shipping company in the United States, a packaging machinery manufacturer in Italy, an Italian clothing company and a Japanese bathroom brand, assisting such clients to carry out internal compliance investigation on employees' suspected duty embezzlement, pyramid selling activities, contract fraud, disclosure of company trade secrets, violation of non-competition agreement, violation of company financial system, acquisition fraud, etc., assist in handling employee dismissal matters and conducting criminal reports.

5. A Singapore catering company, assisting the client to deal with a blackmail case involving a former employee who threatened to expose food hygiene violations.

6. A Japanese securities company, assisting the client in cooperating with the Shanghai Xuhui Public Security Bureau to deal with the office disturbance and intimidation of a former employee

7. A well-known domestic inclusive finance company, conducting a legal and compliance risk assessment on the network security and data protection issues in the creditor's rights transfer business planned by the client.

8. A domestic commercial bank, assisting the client in response to the grand jury subpoena served by the US court, drafting the expert opinion of Chinese law on not disclosing the bank account information of China to the US court.

9. A large construction industry state-owned enterprise, a high-tech state-owned enterprise, an American law firm, assisting such clients in the review of state secrets, evidence relevance review, to support a series of lawsuits in the U.S. court.

10. Providing FCPA related compliance training to a number of foreign companies from U.S., UK and Japan.

Commercial Litigation & Arbitration

11. Acting for a large domestic trust management enterprise to deal with the cross-border business disputes arising from foreign investment on behalf of the client since 2017 till now. The subject matter of dispute reaching about 5 billion yuan. Luke YANG cooperated with international law firms and assisted the Clients in multiple proceedings in Shanghai First Intermediate People's Court, Pudong Court, Chongming Court, Hong Kong High Court, ICC, HKIAC, Cayman Islands Courts, Dutch Courts, etc.. The team finally won the victories in onshore cases.

12. Acting for a private fund manager to deal with over 20 cases brought by the PE investors in SHIAC and Shanghai Chong Ming Court to terminate the PE contracts, plead for information disclosure and tort liability.

13. Acting for a domestic lending company owned by UnionPay to deal with the dispute against one of state-owned insurance companies.

14. Acting for a well-known Russian food group to deal with the distribution contract dispute between the client and its general distributor in China, which was tried by Shanghai Pudong New District Court.

15. Assisting for an domestic angel investor to deal with an equity dispute case against a well-known domestic P2P platform, heard by Shanghai International Arbitration Center.

16. Acting for a famous German manufacturer to deal with a service and guarantee contract dispute case, heard by Dalian Intermediate People's Court;

17. Acting for an American electrical medical company to deal with a dispute over the validity of a contract crossed under civil and crime in the Ningbo Haishu Court and Ningbo Middle Court and providing compliance risk assessment in relevant matters.

18. Acting for a company listed in Hong Kong in an arbitration before Shanghai Arbitration Commission to enforce relevant VIE contracts.

19. Acting for a Chinese individual in dealing with the dispute over the entrust agreement in connection with the execution of the winding-up order within the territory of a Singapore company involved in the winding-up proceedings.

20. Acting for an Chinese individual investor to deal with the equity investment dispute case against a well-known coffee shop in Shanghai.

21. Acting for a fitness chain enterprise in Shanghai and its founder to deal with the equity investment dispute case against one of its equity investors.

22. Acting for a construction company in Yunnan and its founder to deal with the equity investment dispute against one of its equity investors.

23. Acting for a domestic franchisee to deal with the franchise dispute case against an aluminum household brand owner.

24. Acting for a Chinese individual to deal with the private lending dispute against the Dongguan Tuan Dai Network, internal executives and the creditor's claim company, which was heard by the Beihai International Arbitration Commission.

25. Acting for a Canadian fuel system manufacturer to handle a dispute over a water pump supply contract in the trial of CIETAC, and deal with the subsequent court execution and settlement negotiations.

26. Acting for eBay China to answer three cases brought by online customers in PRC court.

27. Acting for Menk to bring claims against a Malaysian buyer in a sales contract disputes.

28. Acting for Mamee to sue its tenant for the termination of one leasing contract.

29. Acting for Mamee to sue its distributor for the termination of one exclusive distributorship agreement.

30. Assisting for Golden Jaguar to answer its landlord’s claim for office renovation cost compensation.

31. Drafting a legal analysis for a famous Italian pharmaceutical company regarding the possibility and merits of a product defect claim against one Chinese pharmaceutical company.

32. Drafting a legal analysis for a medical company regarding its legal defenses in one complex service contract dispute and assist in settling the case successfully.

33. Drafting a legal analysis of litigation strategy before litigation on the exercise of repurchase right in an investment and merger dispute for a well-known domestic online medical company.

34. Drafting a legal analysis for a French producer of fresh dairy product regarding its legal grounds to terminate the acquisition of one dairy company and assisting to successfully resolve disputes through negotiations.

35. Drafting a legal analysis for an American insurance company regarding the potential legal disputes in its ongoing acquisition of a Chinese insurance companies and assisted in successfully resolving disputes through negotiations.

36. Drafting a legal analysis for a domestic online dating platform company regarding its legal grounds and available methods to enforce one share transfer agreement.

Articles

1. How to override an executive order issued by the president of the United States?

2. The core legal issues about whistleblower protection

3. The battle to take control of the house between the landlord and the sublease tenant after the apartment long-term rental mode collapsed

4. Be ready to arbitrate your disputes in HKIAC with its new rules

5. Is the opinion given by DOJ under the FCPA Opinion Procedure merely an opinion?

6. Case Study – look into the long-arm jurisdiction exercises of GDPR through recent fined Europe related international companies

7. Q&A about China Consumption Restriction Order