Biography
Henry Chen has more than 17 years of experience in handling cross-border compliance and investigation matters. As a US- and PRC-trained lawyer, he has advised many multinational corporations on navigating and managing compliance risks in a variety of areas, including anti-bribery and corruption, anti-money laundering, anti-unfair competition, customs, data protection and cybersecurity, employee misconduct, ESG, financial crime, fraud, and whistleblower allegations.
Prior to joining the Firm, Henry acted as the Asia Pacific Director for Investigations at a Fortune 500 pharmaceutical company and led its regional compliance investigations. Besides Shanghai, he had also worked in Washington, DC, Hong Kong and Beijing as a compliance professional.
Practice Focus
Henry has conducted numerous complex, multijurisdictional investigations for companies in a variety of industries including healthcare, manufacturing and TMT. He also assists MNCs in designing and implementing compliance programs, conducting risk assessments and compliance due diligence in M&A transactions, providing compliance and ethics training to employees, stakeholders and external vendors, and advising on responding to government investigations and dawn raids.
Henry also frequently advises on dispute resolution matters. He has worked on a number of complex disputes arising from cross-border transactions involving arbitration, litigation, and mediation.
Representative Legal Matters
Investigations
- Leading a nationwide internal investigation in China on behalf of a global food producer and securing material evidence to substantiate serious allegations against its local management involving taking personal kickbacks of a significant amount from distributors and vendors.
- Representing a major US medical device company in response to dawn raids and anti-bribery investigations by the Market Supervision Bureau in Shanghai and assisting in reaching a favorable settlement with the regulator.
- Representing a major US sports apparel and equipment company in internal anticorruption investigations in China and self-reporting to the US Securities and Exchange Commission and the Department of Justice.
- Representing a Finnish company in response to a World Bank investigation request on several alleged sanctionable practices identified in its China projects and preparing defense briefs to the World Bank Integrity Vice Presidency.
- Assisting a Fortune 500 pharmaceutical company with internal investigations into travel and entertainment expenses, including assisting the company’s first-ever computer imaging and forensic data review in multiple locations in China.
- Advising a US healthcare provider in its internal investigations into alleged corrupt practices and financial fraud conducted by a local joint venture formed in China.
Compliance Programs
- Managing a whistleblower program in China for a world-leading mining and energy company and assisting with complaint intake, allegation assessment, matter triage, and internal investigations, in light of applicable data protection laws and best practices in handling whistleblower reports.
- Assisting a leading US medical device manufacturer in reviewing its global compliance program and developing China-specific policies and procedures, including its distributors’ compliance and internal control systems, procurement and expense reimbursement processes, and whistle-blowing program.
- Assisting a Japanese pharmaceutical company in a targeted internal review of the marketing and distribution activities by its China subsidiary and providing risk assessment and compliance enhancement recommendations.
- Assisting a US-listed transportation vehicle manufacturer to conduct a risk assessment of its major business partner in China to ensure its compliance program and practices meet anti-bribery and anti-trust compliance standards.
- Conducting a series of interactive sessions of antirust and fair competition trainings for the Chinese management and employees of a UK-headquartered specialized measuring instruments manufacturer.
Transactional Compliance
- Representing a US-listed company in the manufacturing industry to conduct FCPA due diligence of its acquisition targets and employees in the Asia Pacific countries to ensure compliance and manage successor’s liability.
- Assisting a US-listed retail cooperation in conducting third-party due diligence on its joint venture partner, construction contractors and major external vendors in China.
- Assisting a US cosmetics manufacturer in compliance due diligence of a Chinese domestic company that owns an office building that the client intended to acquire.
- Assisting a US-listed company in drafting compliance representations, warranties and indemnities for its M&A transactions in APAC to manage compliance risks and post-acquisition integration.
- Conducting compliance due diligence for a major US food producer in connection with its contemplated acquisition of a Chinese family business and advising on successor’s liability under the FCPA.
Dispute Work
- Representing a US-listed pharmaceutical company with substantial operations in China in connection with a 10b-5 securities class action brought in the US and alleged FCPA violations.
- Representing a US multinational IT solution services company to safeguard its interests against fraud and trade secret theft by former and current employees and successfully defending the company in wrongful dismissal claims by the offending employees before a labor arbitration tribunal in China.
- Defending a US information service provider in arbitration proceedings before the China International Economic and Trade Arbitration Commission.
- Representing a European real estate investment fund in arbitration regarding the purchase of a shopping centre and office buildings in China before the Hong Kong International Arbitration Centre.
- Developing litigation strategies in a high-profile US human rights litigation and advising on PRC civil and criminal procedural laws.
Professional Honors
- Exclusive Winner of the Client Choice Award for Investigations for China – Lexology, 2024
- Next Generation Partner (Regulatory & Compliance, China) – Asia Pacific Legal 500, 2021-2024
- Future Leader (Investigations) – Who’s Who Legal, 2023, 2022
- 40 under 40 (Leading Young Investigations Specialists from around the World) – Global Investigations Review, 2020
- China Top 15 Rising Lawyer – Asian Legal Business, 2020
Admission
New York, USA (2011)
Education
New York University School of Law (LL.M. (Dean's Scholar; Dean's Graduate Award)(2010)
Shanghai University of International Business and Economics School of Law (Master of Laws)(2007)
Shanghai University of International Business and Economics School of Law (Bachelor of Laws)(2004)
Languages
English
Mandarin