Employment Practice

Employees make up the core of any company, and without them there is no company. Companies rely on their employees to transmit to build and to actualize the company’s goals. Without them nothing happens; and human relations are fraught with complex issues for companies. Almost every country has a different set of laws, regulations and cultural mores that govern employee relations. In Asia Anderson and Anderson has spent close to 40 years working with local companies and international conglomerates to create a harmonious workplace where people want to work. We can help companies navigate the minefield of state and local regulations, advise both local Asian companies as well as foreign owned or invested companies their rights and duties as employers. From something as simple as an individual hire or fire, to creating complete benefits packages for the entire work force, to addressing the concerns of relevant governmental organizations, Anderson and Anderson lawyers are experienced, hands on and knowledgeable in their field.

We can provide a variety of services including:

• Labor contracts
• Labor arbitration and litigation
• Stock option plans
• Union issues
• Labor relations
• Personnel rules
• Incentive programs
• Housing programs
• Terminations
• Employment litigation

Our clients include:

The largest soft drink company in the world; large US based real estate and investment company; major Asian air cargo shipper; one of the world’s largest container companies; large Asian import-export company; Israeli cosmetics company.; a world leader in communications content, delivery and management; Australian cosmetics manufacturer; world leader in gemstone evaluation and creation equipment manufacturer; large Dutch shipping and warehouse company; and a large Chinese manufacturer.

Infrastructure and Construction Practice

Infrastructure and construction are a major part of Anderson and Anderson’s work. We have experience in many large scale projects throughout Asia. Whether it is water projects, highways, air and sea ports, natural resource development or transportation we provide experience through the entire process. We can provide basic negotiations in planning and design, contract development for financing the project and construction and when the project is concluded we can help with resolving any remaining unresolved issues through dispute resolution and if necessary litigation. We have the necessary knowledge and legal ability to bring our clients projects to a close. We address risks at the beginning of projects rather than wait for issues to suddenly appear. We work closely with various in-house counsels or outside advisors, whatever the specific case may call for. Our clients can rest assured that we are bringing the finest minds to work on their projects.

We can provide a variety of services including:

• Establishing a business or joint venture
• Land use rights issues
• Project planning and negotiating
• Document development for financing and government approval
• Construction oversight and proper licensing
• Mediating and litigating unresolved issues

Representative projects Include:

• Chinese Coal power plants provided legal advice and contract drafting, as well as dispute settlement to resolve final unresolved issues between involved parties
• Sofretu and Paris Metro engineering, in negotiations with Beijing Metro for engineering work concerning both a direct line and a circular connecting line
• HK MTR, in contractual negotiations, drafting contracts and negotiations for the initial design of the Shanghai metro
• Royal Boskalis Westminster, in negotiations for Xiamen Dongdu Port
• Arco, in its natural gas project of Hainan with contractual negotiations and continued legal advice
• Tahal Group, in negotiations over water projects in Shenyang
• Aerport de Paris, in negotiations with Guangzhou airport
• Contracts and continued legal advice for the construction of an express highway connecting Guangzhou and Shenzhen

Intellectual Property Practice

Intellectual Property in this day and age is of such importance that it must be protected as any other investment. As new products find their way to market in an ever shrinking world Globalized companies must find ways to place their products in markets across the world. They also must find ways to protect themselves from unscrupulous companies that would misappropriate their ideas and products.

Anderson was one of the first firms in Asia and continues to be preeminent among the world’s international law firms. With offices across Asia, we are capable of handling efficiently and cost-effectively. Throughout our Firm, our attorneys are conversant with the intellectual property laws both globally and within their respective countries.

Asia has been the latest battleground over Intellectual property rights and Anderson and Anderson has been there from the beginning. We offer the ability to create trademarks, patents and copyrights across Asia and in America as well. Our clients can rest assured that we will also zealously protect their assets through every means necessary, including litigation.

We are experienced in creating trademarks, copyrights and patents across multiple jurisdictions and protecting them as well. We have had particular success in the problematic publishing and software industries. We have protected the interests of companies up to and including being the first to use the Chinese courts to stop Chinese software companies from improperly copying and using programs from the largest Computer software companies such as: Microsoft, Novell, and Lotus. Anderson and Anderson has also protected the intellectual property of publishing giants like Harcourt Brace and MacMillan, keeping them from losing valuable revenue in the Asian markets.

We help numerous clients from the largest corporations in the world to small business and individuals and we treat them alike, the same top quality service for each of our clients.

We provide a variety of services including:

• Registration of copyrights, patents and trademarks
• Protecting copyrights, patents and trademarks
• Licensing Intellectual property for others to use
• Litigation and dispute resolution

Our clients include:

Microsoft; Novell; McMillan; Harcourt Brace; one of the world’s best known soup companies; well known health beverage company; well know US cookie company; major Swedish high-tech sleep systems manufacturing company; a world leading chocolate manufacturer and distributer; major clothing manufacturing company; major engine parts manufacturer; television movie channel; one of the world’s leading luggage companies: one of the world’s largest chewing gum companies; major woman’s apparel company; an Israeli cosmetics company, the largest soft drink company in the world; one of the largest frozen dinner companies.

Litigation and Dispute Resolution Practice

It is a small world and growing smaller, companies can no longer afford to not have a presence in Asia and with cross border transaction across multiple cultural lines, disputes can and do happen. Anderson and Anderson has the local experience and knowledge in dealing with these issues as well as the larger international experience in how to optimize resolutions for their clients.

Before acting we will sit down with you to find out just what you want to achieve and then tailor a solution to your problem. Whether it is mediation, arbitration or if necessary litigation, our attorneys are experienced in all aspects of dispute resolution. We know our way around both the Asian courtrooms as well as the more well used American courts. We craft and execute the right process individually for each client. Whether just a meeting of the two parties to clarify a simple misunderstanding or standing before the Supreme Court of the United States, our attorneys have done it all.

Some representative cases include:

• Butz vs Economou, An administrative law action taken all the way to the Supreme Court of the United States.
• Microsoft Software vs Beijing Juren Computer, in Chinese courts successfully stopped software piracy and recovered restitution.
• Daewoo vs Fushan AIC,
• Xian Antai Pharmaceuticals Corporation vs. General Motors
• Procter & Gamble vs. Lu Chaowen, et al
• Tianjin Corporation vs Citibank (Guangzhou) Branch
• Harcourt Brace vs. An Hui Press
• Whirlpool vs. Zhongshan Jia Xin
• Marubeni vs. Hainan Yunhai International Fuel Gas Development Company Ltd.

Mergers, Acquisitions & Reorganizations Practice

Anderson and Anderson’s practice assists clients in structuring, negotiating, documenting and closing complicated, innovative and often cross border transactions. We can and have represented all the various participants in these kinds of transactions, including targets, bidders, minority shareholders and majority shareholders. Our expertise is broad and includes negotiated mergers, joint ventures/strategic alliances and majority/minority investments.

We have invested considerable time and energy over the years to understanding the sectors within which our clients operate, thus we are able to be a valuable asset to the client.

Corporate transactions demands the right structure and forward planning to ensure profit and to mitigate risk for all the parties involved so that a deal makes sense and is agreeable to everyone. Large or small the parties need to be aware of all regulatory and governance issues that may arise; finance, tax, even labor and intellectual property issues must be thought through carefully.

At Anderson and Anderson, our Mergers & Acquisitions offers unrivaled local expertise in Asia, in all aspects of public or private corporate transactions. Our lawyers work together to coordinate complex cross border transactions successfully, address local requirements, take on due diligence investigations, prepare documentation, deliver needed legal opinions covering all aspects of the transaction.

We can provide variety of services including:

• Joint ventures, mergers, shareholding
• Corporate governance
• Minority Shareholder rights
• Assets or rights sales and purchases
• Divestitures
• Reverse mergers
• Sale or purchase of securities

Our clients include:

large international bank based in France; world known, Switzerland based financial services provider; one of the world’s leading providers of audit, tax and advisory services; one of the largest engineering and water resource infrastructure developers; Korea’s largest electronics manufacturer; one of the world’s largest real estate and infrastructure development companies; one of China’s largest development companies; one of the world’s largest international insurance and financial services organization; one of the world’s largest banking groups based in Germany; one of China’s largest banks; well known US based investment and banking firm; Trade and Development Bank of Mongolia; Chinese airlines; and Mongolian Airlines

Mining Practice

Mining and the exploration and use of natural resources are what drive the engine of growth around the world. Without the use of metals, oil and coal life as we know it would be vastly different. Anderson and Anderson is uniquely positioned to assist companies and corporations around the world in the fastest growing markets of these resources, China and Mongolia. Not only is Anderson and Anderson ready to assist companies introducing them to Chinese and Mongolian markets, but they also have the first international law firm in Mongolia, a country rich in natural resources and possibilities. With one of the youngest democracies in the world Mongolia is poised to enter the world stage with some of the largest and richest known deposits of coal and copper in the world. With much more of Mongolia left to be explored, Uranium, gold, copper, molybdenum, coal and crude oil are already being sought and these are just some of the resources that are known. This will undoubtedly release a flood of interest in the mining sector in Mongolia and Asia at large and Anderson and Anderson has people on the ground already working.

Already involved with mining interests from China, Korea, Canada and the US Anderson has the people and the expertise to aid in any and all steps of the mining process whether you want a joint venture or a wholly owned subsidiary or just want to invest or finance an already existing mining concern, we have already done it for somebody.

We offer a broad range of legal services and can assist in all aspects of the mining industry, including:

• Acquire mining rights both domestic and foreign
• Establishing a company or joint venture
• Developing projects
• Financing projects
• IPOs
• litigation

A sampling of who we have helped includes:

• Arco in its natural gas project of Hainan with contractual negotiations and ongoing legal advice
• LG in it investments in the Mongolian mining industry including contract negotiating and creating, document drafting, due diligence, and ongoing legal advice
• Credit Suisse in their investment with a Chinese company investing in gold mining in Mongolia we provided due diligence and advice in investing in Mongolia
• Borden Ladner Gervais in exploring the Mongolian gold mining industry with local legal advice
• Nubrands in their purchase of licenses for their Mongolian invested company
• Many Chinese mining companies in their investment in Mongolian companies and acquiring licenses for mining exploration and production
• Erdenet mining with legal advice
• Ivanhoe mines in introducing them and setting up their company in Mongolia

Real Estate Practice

Whether you own a single building or own hundreds across the globe in a hotel conglomerate when acquiring, divesting, investing or creating real estate, it must be done carefully. Who actually owns the property? Are there any liens or restrictions of use on the property? How much is the property actually worth? Who are you buying from or selling to or going into business with? Can a foreigner acquire land or land use rights in China or Mongolia or Hong Kong?

All of these are serious questions that just begin the process. Because Anderson and Anderson is already at work in Asia we have already prepared the ground. We have local attorneys who know their way around the local laws, languages, cultural rules, and political rules. In China and Mongolia we helped open the doors; our firm was the first international law firm to open an office in Mongolia and because of this we have been working now for clients for close to 20 years there. In China one of our partners was the first American asked to assist US business interests in China just after Nixon’s trip in 1972. Our attorneys represent a broad range of clients from offshore companies acquiring factories, to hotel chains, to large scale construction of whole apartment complexes, to foreign individuals buying or leasing a home.

We have experience negotiating and creating documents for these highly complex projects. We are used to dealing with a wide array of work partners whether they are in-house counsels or outside legal teams. Whether owner, investor, lender, or operator, working in residential, commercial or industrial sectors, we can help you.

We provide a variety of services including:

• Acquiring land, land use and land use rights
• Structuring real property projects
• Acquisition of estates and buildings
• Development projects
• Tax issues related to realty investment
• Financing and financial restructuring of development projects
• Cross-border real estate transactions
• Leases

Our clients include:

one of the largest real estate and construction companies in the world based in the Netherlands; one of the largest real estate development corporations in China (residential, commercial and industrial); one of the largest US based hotel chain conglomerates; Large hotel group with hotels around the world; large industrial company with a number of factories and offices around China; British property management group; a Macao hotel casino; large real estate development company in China; technical machine equipment producer