Jerry C.Ling

Partner

San Francisco + 1.415.875.5890

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Jerry Ling has extensive experience advising multinationals on issues relating to cybersecurity resilience, data privacy, and data breach incident response. Jerry has directed forensic investigations into breach and ransomware events and has advised management and boards of directors of public companies on strategies for notice, disclosure, and incident response.

Jerry was previously based in Shanghai for 10 years and regularly handles complex cross-border disputes and internal investigations in the United States and Asia. Jerry has earned multiple distinctions for his work leading high-stakes investigations into the most significant forms of alleged corporate misconduct, ranging from cybersecurity fraud and misrepresentations to violations of the Foreign Corrupt Practices Act (FCPA). Notably, he has recently assisted public companies in obtaining declinations from U.S. government authorities after self-disclosing alleged FCPA, False Claims Act (FCA), and other compliance violations.

Jerry also leads risk assessments and compliance training and counsels clients with respect to their compliance programs and conducting compliance-focused due diligence for global acquisitions. This includes advising on compliance with Chinese laws, including China's state secrets, data security, and data privacy laws.

Jerry provides pro bono services to asylum applicants escaping violence in Central America and to domestic abuse victims in the Bay Area.

Experience

  • Major pharmaceutical company arbitrates claims arising out of Chinese investmentsJones Day is representing a major pharmaceutical company in a Hong Kong International Arbitration Centre arbitration arising out of representations and warranties given in respect of the client's investment in a Chinese drug development company whose senior officers and consultants were subsequently prosecuted in the United States for misappropriation of another pharmaceutical company's trade secrets.
  • Board committee of U.S. public company conducts internal review of related-party transactionsJones Day represented the special committee of a U.S. public company in connection with its internal investigation of related-party transactions in the U.S. and China involving company founders and senior executives.
  • Life sciences company resolves FCPA issues with DOJ and SECJones Day represented a publicly traded life sciences company in an internal investigation and resulting self-disclosure to the U.S. Department of Justice ("DOJ") and U.S. Securities and Exchange Commission ("SEC") involving alleged Foreign Corrupt Practices Act ("FCPA") violations arising out of the company's China operations.
  • Global technology company conducts compliance analysis of global data security and privacy lawsJones Day advised a technology company regarding enhancing its compliance with statutory, regulatory, and contractual obligations related to data protection, cybersecurity, and privacy applicable to operations in the U.S., Mainland China, India, South America, and Europe.
  • U.S. listed industrial company investigates senior management in China for conflicts of interest and FCPA violationsJones Day assisted a publicly listed U.S. manufacturer of industrial products with its investigation into allegations that senior management engaged in misconduct in China.
  • Multinational company reports results of internal investigation of alleged FCPA violations to SEC, which takes no actionOn behalf of a multinational company doing business in oil and gas in the Asia-Pacific, South America, and Mexico, Jones Day conducted an internal investigation into allegations of corrupt payments made to procure business.
  • Medical device company assesses FCPA compliance of clinical trial practices in ChinaJones Day assisted a medical device company with a comprehensive assessment of whether previous clinical trial practices and physician arrangements in China potentially violated the FCPA.
  • Global private equity firm files claims in HKIAC arbitration against acquisition targetJones Day represented a global private equity firm in a contractual dispute with an acquisition target in Asia.
  • Public company discloses FCPA issues to DOJ and SECJones Day coordinated the internal investigation and resulting self-disclosure to the U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") for a public company involved in industrial and manufacturing work regarding Foreign Corrupt Practices Act ("FCPA") issues arising out of the company’s China office.
  • U.S. company investigates potential anti-corruption violations in sales to state-owned enterprises in ChinaJones Day assisted a U.S. company in investigating allegations that sales personnel violated anti-corruption laws when selling to state-owned enterprises in China.
  • Publicly traded medical device company conducts FCPA compliance assessment of distributor services and margins in ChinaJones Day counseled a publicly traded medical device company with respect to its compliance assessment of distributor margins and distributor services in China.
  • Salvadoran mother and daughter obtain asylum after fleeing gang persecutionJones Day successfully represented clients S.P. and J.C. in obtaining asylum.
  • Public U.S. manufacturer operating in China investigates allegations of misconduct concerning interactions with state-owned customers and customs officialsJones Day assisted a public U.S. manufacturer in investigating allegations of misconduct concerning employees, distributors, and other third party intermediaries interacting with state-owned customers and customs officials in China.
  • Public life sciences company conducts anti-corruption due diligence on multiple acquisition targets in ChinaJones Day counseled a public U.S. life sciences company with respect to anti-corruption due diligence on more than a dozen acquisition targets operating in China.
  • Publicly traded company conducts anti-corruption investigation of physician sponsorship payments in Asia PacificJones Day assisted a publicly traded company with an investigation of whistleblower allegations that physician sponsorship payments in Asia Pacific violated U.S. and local anti-corruption laws.
  • Audit Committee of public U.S. company investigates related party transactions involving company's Chairman and founderJones Day assisted the audit committee of a publicly traded U.S. manufacturer in an investigation of potential impropriety involving the company's Chairman and founder, including undisclosed transactions between the company and vendors in China controlled by the Chairman's immediate family members.
  • Publicly traded life sciences company conducts FCPA investigation of China whistleblower allegations and assessment of local government enforcement actionJones Day assisted a publicly traded life sciences company with its investigation of allegations that senior management in China helped distributors evade the company's anti-corruption controls in potential violation of the FCPA.
  • U.S. Fortune 500 company conducts mock dawn raids in Asia Pacific to emphasize employees' rights and obligations when cooperating with authoritiesJones Day counseled a U.S. Fortune 500 company in conducting mock dawn raids and related training at its Asia Pacific operations.
  • China-based health insurance company defends against breach of contract claims filed in U.S. federal courtJones Day assisted a China-based health insurance company in its defense against breach of contract and unfair competition claims filed in U.S. federal court.
  • Global industrial services company investigates corruption allegations in ChinaJones Day assisted a publicly traded, global industrial services company in investigating allegations that sales personnel's interactions with state-owned customers in China had potentially violated the FCPA.
  • Public U.S. company investigates corruption allegations in newly-acquired subsidiaries in ChinaJones Day assisted a public U.S. company investigate potential FCPA violations by sales and management personnel in several newly-acquired subsidiaries in China.
  • Hong Kong distribution company fights for control of joint venture with business partnerJones Day assisted a Hong Kong import and distribution company in a dispute with its business partner over their joint venture's operations.
  • Industrial energy company conducts internal investigation of potential FCPA violations in China and creates anticorruption compliance programJones Day represented an industrial energy company before the Department of Justice ("DOJ") and the Securities Exchange Commission ("SEC") with respect to the voluntary disclosure of allegedly improper payments made to government officials in China.
  • Manufacturer of home improvement products defends against breach of contract claims filed in California Federal Court and before the CIETACJones Day is defending a manufacturer of home improvement products against a lawsuit filed in California Federal Court for breach of contract and an identical arbitration claim against the client before the CIETAC, Shanghai Subcomission.
  • Audit committee of energy company involved in internal investigationsJones Day represented the audit committee of an energy company in connection with internal investigations concerning the company’s business transactions, and with respect to related shareholder derivative litigation.
  • Privately-held investment advisor seeks advice on FCPA and China Anti-Bribery Law risks involving potential employment corruptionJones Day is advising a privately-held investment advisor on FCPA and China Anti-Bribery Law risks arising from an investigation by PRC authorities in relation to potential employment corruption by a project manager of a China real estate investment company.
  • Multinational companies represented in international FCPA inquiriesJones Day has conducted compliance reviews for numerous multinational companies with operations in foreign jurisdictions involving compliance with the Foreign Corrupt Practices Act.
  • Mattel settles voluntary toy recall litigationJones Day represented Mattel, Inc. ("Mattel") in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising out of voluntary recalls of certain Mattel and Fisher-Price toys.
  • Healthcare services company conducts internal investigation of allegations of retaliation against former employee in SEC accounting fraud investigation and obtains declination from OSHAJones Day, on behalf of a healthcare services company, conducted an internal investigation of allegations of retaliation against former employee who alleged he was discharged for cooperating in SEC accounting fraud investigation.
  • Chinese company dismissed from ITC investigation involving circuit boardsJones Day represented Chinese respondents in an ITC investigation involving methods for manufacturing printed circuit boards.
  • U.S. lubricants company disputes issues with Chinese contractorJones Day advised a U.S. lubricants company in a dispute with its Chinese contractor concerning delay and quality issues.
  • U.S. multinational life sciences company prepares China distribution strategyJones Day is counseling this U.S. multinational life sciences company regarding packaging and distribution of pharmaceuticals, medical devices and health care products in China, including issues relating to manufacturing, packaging and labeling pharmaceutical products, medical device products and healthcare products in the bonded zones of China, data privacy and encryption issues, transfer and sharing of medical data with parties outside of China, setting up of nuclear pharmacies, laboratory equipment importation, and interplay between pharmaceutical pricing and China's new anti-monopoly regime.
  • U.S. manufacturing company conducts due diligence associated with purchase of a Chinese companyJones Day attorneys advised a large U.S. manufacturing company on due diligence associated with the purchase of a Chinese company, including a comprehensive risk analysis of information gleaned during a detailed forensic investigation.
  • Cardinal Health acquires Cordis for $1.9 billionJones Day advised Cardinal Health, Inc. in its acquisition of Johnson & Johnson's Cordis business, a leading global manufacturer of cardiology and endovascular devices, for $1.9 billion in cash.
  • Multinational corporation conducts review of anticorruption policies and complianceJones Day is advising a multinational corporation in its review of China operations with respect to compliance with the Foreign Corrupt Practices Act.
  • Owens Corning acquires Pittsburgh Corning for approximately $560 millionJones Day advised Owens Corning in its approximately $560 million acquisition of Pittsburgh Corning, the world’s leading producer of cellular glass insulation systems for commercial and industrial markets.
  • Hyster-Yale acquires 75% of Zhejiang Maximal Forklift TruckJones Day advised Hyster-Yale Materials Handling, Inc. in its acquisition of 75% of the outstanding shares of, and a controlling interest in, Zhejiang Maximal Forklift Company Limited from KNSN Pipe and Pile Company Limited.
  • Toys"R"Us acquires majority stake in existing retail business operations throughout Southeast Asia and Greater ChinaJones Day advised Toys "R" Us, Inc., the largest global retailer of toys and juvenile products, in connection with the acquisition of a 70% interest in the Asia-based Toys "R" Us business operated by Hong Kong-based conglomerate Li & Fung.
  • Textron sells Fluid and Power division to Clyde Blowers for $1 billionJones Day advised Textron, Inc. on the China-relevant aspects of the transaction.
    • View All

    August 2022 Commentary

    China to Start Implementing Restrictions on Cross-Border Transfers of Personal Information

    June 2022 Alert

    Department of Justice Significantly Revises Policy on Charging CFAA Violations

    November 2021 Alert

    China Issues Draft Guidance on Security Assessments for Cross-Border Data Transfers

    October 2021 Alert

    DOJ Announces Civil Cyber-Fraud Initiative

    SEPTEMBER 2021 Commentary

    Highlights of China's New Personal Information Protection Law

    August 2021 Commentary

    China's New Data Security Law Restricts Cross-Border Transfers of All Data to Foreign Authorities

    June 2021 Commentary

    China Finalizes Data Security Law to Strengthen Regulation on Data Protection

    May 2021 Alert

    China Takes Major Step Towards Finalizing National Data Regulation Regime

    December 2018 Alert

    DOJ Launches China-Focused Criminal Enforcement Initiative

    January 2016 Commentary

    FCPA 2015 Year In Review
    View All

    Speaking Engagements

    • February 8, 2022
      2022 Midwest Legal Conference on Privacy & Data Security - Navigating China’s New Data Privacy and Security Laws
    • October 27, 2021
      A False Sense of Security – Your Hidden Risk of Civil and Criminal Liability for Cybersecurity Representations
    • October 14, 2021
      The Impact of China’s New Data Laws on Companies Dealing with U.S. Subpoenas and Document Requests
    • September 21, 2021
      Fifth Annual Latin America Data Protection, Privacy & Cybersecurity Symposium: Beyond Data Breaches - Increasing Risk of Liability for Cybersecurity Misrepresentation
    • September 26, 2019
      Chinese Companies and the FCPA: What Type of Case is Likely to be the First U.S. FCPA Investigation of a Chinese Company?
    • May 1, 2019
      Cybersecurity and Privacy Laws in China and Asia
    • May 15, 2018
      Life Science Seminar: Anti-corruption Regulations
    • May 15, 2018
      Life Science Seminar: PRC Privacy, State Secret and Cybersecurity Laws
    • March 30, 2018
      ACFE Spring Conference 2018: Fraud Investigative Training Workshop - Ask the Experts!
    • October 11, 2017
      What to Do When . . . Your Company Confronts Anti-Corruption Issues in China or India: The Increasing Coordination of U.S. and International Law Enforcement
    • October 2016
      Business Beyond Borders: What You Need to know about Anti Bribery and Corruption in Asia-Pacific
    • January 26, 2016
      CLE Academy Shanghai 2016
    • December 9, 2015
      Global Corruption Risks and Best Practices for the Life Sciences Industry
    • September 17, 2015
      Jones Day Life Science Seminar: Off Label Promotion and FCA Claims; Corruption
    • June 8-9, 2015
      SEC Conference 2015: Update on SEC Enforcement Initiatives for Asia Based Companies
    • June 17, 2014
      SEC Conference 2014: An Accounting and Reporting Update for US Listed Companies Panel speaker for Corporate Fraud & Other Litigation Issues in China
    • May 6, 2014
      The Continuing Expansion of Health Care Enforcement by U.S. and International Authorities: Key Developments and Implications for the Future
    • December 19-20, 2013
      SEC Conference 2013: An Accounting & Reporting Update for US Listed Companies: 1) Update on SEC Enforcement Initiatives for Asia-Based Companies 2) Corporate Fraud in China: Designing & Implementing Effective Anti-Corruption Programs 3) Corporate Fraud in China: Foreign Corrupt Practices Act & Chinese Companies
    • December 12, 2013
      Shanghai In-house Counsel Forum: General Counsel Roundtable - Complying with Data Privacy and State Secrets Laws in Cross-Border Investigations and M&A
    • December 4, 2013
      Daimler Construction Compliance Workshop
    • October 25,2013
      Duke Journal of Comparative and International Law Symposium on Investment in Emerging Markets:The Challenges of Infrastructure Development, Assessing and Protecting against Corruption and other Investment Risks
    • August 28, 2013
      FCPA Roundtable
    • May 3, 2013
      Doing Business in China: Understanding Corruption Risks and Compliance Challenges in China
    • April 30, 2013
      Doing Business in China: Understanding Corruption Risks and Compliance Challenges in China
    • 2012年10月25日
      在华投资研讨会：外商对华投资新的挑战和机遇
    • October 25, 2012
      China Inbound Seminar: New Challenges and Opportunities for Foreign Investments in China
    • October 24, 2012
      Outbound Seminar "Managing Legal Risks in Global Expansion of Chinese Companies"
    • 2012年10月23日
      生命科学法律剧
    • October 23, 2012
      Life Science Legal Drama - "Mr. Big in Wonderland"
    • May 5, 2012
      M&A in China: Conducting FCPA Due Diligence and Creating an Effective and Practical Post-Closing Compliance Policy, 2nd CCH In-House Legal Conference
    • April 12, 2012
      Due Diligence & Business Valuation in M&A Deals 2012: Conducting Corruption Due Diligence for M&A Deals in China

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