Bingna Guo

Bingna is recognized as a leading individual in the Greater China area for corporate investigations and compliance by Chambers and Legal 500. She was also named Cybersecurity Law Expert of the Year in China by Lawyer Network Annual Awards 2021. Bingna represents companies, audit committees, and individuals in investigations and enforcement actions, involving the Foreign Corrupt Practices Act (FCPA), the UK Border Agency, and other types of anti-corruption related investigations, fraud, embezzlement, accounting fraud, and conflicts of interest investigations. Bingna also has experience in conducting compliance risk assessments, pre-transaction due diligence, developing compliance policies and procedures, and delivering tailored corporate compliance trainings. She is admitted only in New York and passed the China national bar examination.

Bingna has litigated cases in the United States and China. Her combined US and China dispute resolution experience enables her to efficiently handle multi-jurisdictional situations and disputes. She works closely with a trusted network of local counsel to coordinate litigation, and lends her valuable insights into Chinese courts and local processes to resolving disputes in China, offering clients clear, strategic guidance on parallel proceedings across multiple jurisdictions.

Bingna leads complex, high-stakes investigations and multi-jurisdictional disputes. With her intimate knowledge of legal systems in different jurisdictions and her experience in fraud, compliance, and risk assessment, she advises clients in resolving intricate legal challenges while ensuring regulatory compliance.

Compliance & Internal Investigations

• Represented the audit committee of a US-listed China-based logistics company to conduct an independent investigation with respect to certain allegations raised by a short seller report regarding alleged falsified financial statements, underreported labor costs, undisclosed related party transactions, and other accounting irregularities
• Represented the audit committee of the board of directors of a NASDAQ-listed, China-based leading urban mobility technology platform company in an independent internal investigation into certain allegations made in a short seller report
• Advised a large Indonesian listed company on a sensitive white-collar investigation involving senior management, including working closely with forensic accountants, local criminal lawyers, and providing advice on fiduciary duties and tactical aspects of the investigation
• Representation of a multinational media company on two high-profile internal corporate investigations arising out of allegations of financial fraud and commercial bribery regarding its China operations; also advised the client on issues arising out of a severe breach of a share purchase agreement in relation to a key acquisition, including evidence-gathering to verify and substantiate the claim of breach; preparation and notification of the breach notice; and counselling the client on case strategy
• Representation of a European multinational chemical products company in an internal compliance investigation resulting from anonymous whistleblower allegations, involving issues surrounding the company’s use of agents and distributors; conducted the investigation, managed the forensic data collection, forensic accounting aspects, and provided labor law advice
• Conducted compliance risk assessment and developing a series of group-level compliance policies across a range of areas for a multinational mining company, including anti-corruption, data compliance, export control and sanctions, and environment, covering China, Australia, Europe, the United States, Brazil, and the Democratic Republic of Congo
• Representation of a leading multinational real estate developer on compliance issues arising out of its China operations, ranging from gifts, meals, and hospitalities, to use of vendors and contractors, as well as a series of internal investigations into allegations of fraud, conflicts of interests and bribery
• Represented a leading US retail company in an FCPA investigation regarding government relations activities and a corporate internal investigation with respect to management self-dealings in response to whistleblower allegations
• Advised a leading multinational medical device company in an internal investigation project with respect to FCPA and Chinese anti-corruption law issues; advised the company on the Chinese court case as a result of Chinese judicial authorities' actions
• Conducted various internal investigations for a multinational healthcare company with respect to FCPA and Chinese anti-corruption law issues
• Advised a leading financial institution in an internal investigation regarding allegations of bribery with respect to investment opportunities
• Represented the audit committee of a US-listed, China-based online commercial logistics platform to conduct an independent investigation with respect to certain allegations raised by a short seller report regarding alleged inflation of financial data through alleged schemes and suspicious investment and acquisition transactions
• Represented the special committee of Cloopen, a US-listed, China-based communication solution provider, to conduct an internal investigation with respect to certain allegations regarding related party transactions and accounting irregularities
• Represented the audit committee of a US-listed, China-based life science company in connection with an independent review of certain issues regarding assessment of related party transactions
• Represented the audit committee of a US-listed, China-based Fintech company to conduct an internal investigation with respect to certain allegations regarding related party transactions and accounting irregularities
• Represented the audit committee of a China-based, US-listed multinational technology company and an online service provider, in connection with an independent investigation into certain allegations raised by the former CEO
• Represented the audit committee of a China-based, US-listed high-tech company, on an internal investigation regarding a short-seller's allegations of undisclosed related party transactions
• Represented the audit committee of a US-listed, China-based Internet company to conduct an internal investigation with respect to FCPA and Chinese anti-corruption law issues arising out of whistleblower allegations
• Represented the audit committee of a US-listed, China-based company in the healthcare industry to conduct an internal investigation regarding whistleblower allegations of inflation of sales revenues and other irregularities in sales and marketing activities
• Represented a leading China-based developer and operator of high-performance data centers and IT infrastructure services, on anti-bribery and corruption due diligence reviews for its investments
• Represented the audit committee of a US-listed, China-based agriculture business company to conduct an internal investigation in response to the SEC’s inquiry regarding certain sales practices
• Represented the audit committee of a Chinese company to conduct an internal investigation regarding whistleblower allegations during its initial public offering
• Represented the executives of a Chinese company regarding an internal investigation about certain whistleblower allegations
• Represented the Special Committee of the board of directors of an international newspaper company in a comprehensive internal investigation regarding breach of fiduciary duty and fraud claims
• Conducted a complex corporate internal investigation for a leading automobile company in response to a government investigation regarding product liability issues
• Represented the audit committee of a China-based company in the supply chain management industry to conduct an internal investigation regarding whistleblower allegations of accounting irregularities and bribery in sales and marketing activities
• Represented the audit committee of a China-based company in the vehicle rental business to conduct an internal investigation regarding whistleblower allegations of accounting irregularities and conflicts of interest
• Represented the audit committee of a China-based pharmaceutical company to conduct an internal investigation regarding alleged bribery issues in connection with the company’s sales and marketing activities
• Representation of a leading global supplier of wires, cables and wiring systems in reviewing and revising the development and adaptation of its compliance policies, and other related compliance matters for China.
• Advised a French financial institution on Chinese anti-money laundering laws and regulations
• Conducted pre-transaction diligence for a leading international medical device company involving businesses in multiple jurisdictions, and advised the company on pre-closing and post-closing actions in connection with FCPA and Chinese anti-corruption laws
• Conducted pre-transaction diligence and advised a leading private equity firm on FCPA and Chinese anti-corruption law risks in connection with various portfolio investments in China
• Conducted compliance review of a leading pharmaceutical company, and advised the company on compliance controls and remedial actions
• Developed a comprehensive compliance program for the world's largest solar energy company and provided continuing advice on specific compliance issues in China
• Advised a world-leading semiconductor company on compliance programs and procedures, and conducted compliance health check and compliance trainings for the company

Economic Sanctions & Export Controls

• Conducted an internal audit and five-year lookback to the US affiliate of a Chinese corporate client regarding compliance with OFAC sanctions rules
• Conducted an export control compliance audit for a Chinese technology company
• Representing a Chinese technology company in an application for delisting from the US entity list designation.
• Developed export control and sanctions compliance policies and procedures for a leading data center service company
• Represented a Chinese ecommerce company on trade compliance rules and regulations
• Represented a Chinese digital solutions and infrastructure provider on trade compliance rules and regulations

Dispute Resolution

• Represented a major Chinese home appliances group in complex commercial disputes cases before US courts and successfully resolved the disputes through mediations
• Represented a major Chinese airline in a lawsuit filed in California over a plane crash that occurred in China
• Represented a leading global media company in a cross-border litigation case brought by several Chinese citizens involving the Alien Tort Claims Act
• Represented a leading Chinese Internet company in its securities class action in the US District for the Southern District of New York
• Represented a Shanghai-based online gaming company in its securities class action in the Southern District of New York
• Advising a Beijing-based agriculture business company in its securities class action in the US District Court for the Central District of California, and its shareholder derivative lawsuit in the Court of Chancery of the State of Delaware
• Worked on a cross-border litigation against a major energy company brought by former residents of Myanmar (Burma), arising out of investments the energy company's subsidiaries made in Myanmar (Burma). The litigation was settled on favorable terms to the energy company
• Advised a Swedish company in resolving its commercial disputes with a joint venture partner in China through court litigation and business negotiations
• Represented a leading Italian telecommunications company in an International Chamber of Commerce (ICC) arbitration of a contractual dispute between it and its joint venture partner
• Advised a US multinational company in an arbitration before the China International Economic and Trade Arbitration Commission involving agency contract disputes
• Advised a US multinational company in an arbitration before the Hong Kong International Arbitration Center (HKIAC) in a dispute arising out of its acquisition of a Chinese private company
• Represented a Serbian company in a proceeding before the Intermediate People's Court of Jinan City, Shandong Province, China, to enforce an ICC arbitration award
• Advised a large Chinese conglomerate in an HKIAC arbitration of a dispute over the shareholders' agreement
• Represented a large bank holding company in an antitrust action following a US Department of Justice judgment

Data Privacy

• Advising several ecommerce and Internet companies on privacy, data transfer and data protection matters pursuant to China’s Personal Information Protection Law
• Advising an ecommerce company on global data protection policies covering various jurisdictions, including China, the European Union, the United States, and others
• Advised a multinational company on cross-border data transfer matters pursuant to data security and protection laws in various jurisdictions
• Advised a multinational mining company on a legal proceeding in China, which involved data protection laws and regulations in China
• Advised a South Korea technology company on data privacy and cross-border data transfer issues in light of China’s cybersecurity law and relevant regulations
• Advised a US multinational technology company on China data privacy and cross-border data transfer issues and tailored the company’s global data privacy policy for application to its China operations

Antitrust

• Advised a multi-national chemical manufacturer company in a price-fixing investigation brought by the US Department of Justice, the European Commission, and the Canadian Competition Bureau