凌彦华Ling, Jerry

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旧金山 + 1.415.875.5890

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凌彦华律师在向跨国公司就网络安全、数据隐私和数据泄露事故响应等相关问题提供法律建议方面具有丰富经验。凌律师指导过多起针对泄密和勒索事件的法庭调查并向上市公司的管理层及董事会提供与通告、披露和事故响应策略有关的法律咨询服务。

凌律师曾在上海工作10年，经常处理在美国和亚洲的复杂的跨境争议及内部调查。凌律师凭借其在牵头多起具有重要意义的公司调查行动中的出色表现而获得众多赞誉，这些调查主要针对一些涉嫌实施的重大不当行为展开，包括网络安全诈骗、虚假陈述以及《反海外腐败法》（FCPA）的违法行为等。尤其值得注意的是，凌律师近期曾协助多家主动披露FCPA、《反虚假申报法》（FCA）FCA及其他合规违法行为的公共上市公司取得相关美国政府主管部门的不起诉决定。

凌律师还经常牵头风险评估与合规培训，并向客户就其合规计划及针对国际收购开展合规尽职调查提供法律建议，其中包括提供中国法合规的相关法律建议，所涉法律包括中国的国家秘密法、数据安全法和数据隐私法等。

除此之外，凌律师还为中美洲地区逃避暴力的申请避难者以及湾区的家庭暴力受害人提供公益性法律援助。

经验

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Salvadoran mother and daughter obtain asylum after fleeing gang persecutionJones Day successfully represented clients S.P. and J.C. in obtaining asylum.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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 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.
  • 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.
    •

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    查看全部观点

    • October 25, 2022
      FinAccelerate – Data Privacy and Cybersecurity Considerations for FinTech Companies
    • 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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