Amy Yin

Amy is a partner in the corporate group of Reed Smith, and is based in Shanghai. She has extensive experience in representing clients in foreign direct investments, mergers and acquisitions, corporate restructuring, FCPA and compliance matters, employment, and other general corporate matters. Amy also has experience in offshore listings and capital markets work. The clients Amy has served include multinationals in the pharmaceutical, chemical, automobile, furniture, green technology, human resources, financial, and securities services industries.

Data privacy and cybersecurity practice

Amy regularly advises multinational companies in the banking, life sciences, FMCG, and manufacturing industries on data privacy and cybersecurity issues under PRC law, and assists with the review and development of compliance programmes to operationalise practices and procedures that ensure day-to-day compliance with data protection law. This includes reviewing business contract templates from a privacy and data protection perspective, preparing questionnaires, and establishing self-auditing structures and processes relating to existing practices, drafting inter- and intra-organisational policies and codes of conduct, and developing and implementing standard operating procedures.

In addition to regulatory and compliance matters, Amy acts as long-term external counsel on transactions and corporate matters for technology companies in relation to their onshore acquisitions of domestic companies. Amy’s advice covers due diligence, documentation, and closing matters, as well as daily queries on all aspects of anti- and unfair competition, contract review, and related matters.

Cross-border transactions and international projects

Amy also acts as the main point of contact for a leading Chinese conglomerate on a series of overseas acquisitions and joint ventures in the United States, the UK, France, Switzerland, and Australia, and coordinates with local offshore counsel in various jurisdictions to provide the following legal services:

During the transaction period: assisting with letters of intent and non-disclosure agreements, conducting legal due diligence, drafting and negotiating deal documents, assisting with the signing and closing of deals, and helping the client to obtain the necessary regulatory approvals and antitrust filings.
After completion: continuing to assist the client in handling post-closing legal issues in respect of IP licences, executive incentive plans, and tax restructuring, and representing Chinese investors in handling class actions and government investigations.

Amy joined Reed Smith in 2011 and has served as office managing partner for the firm’s Shanghai office.

Experience

Representative matters

Assisting with various MNCs in conducting self-assessment and data protection audit on their Chinese subsidiaries and operations in China, including performing the data mapping exercise, data transfer questionnaire and gap analysis, cross-border transfer security assessment, preparing internal- and external- facing privacy and cybersecurity policies, procedures and agreements and attending to the practical questions from the HR and business teams;

Representing a Singapore client with broad operations in China to perform research and studies on DSL and PIPL, conduct review on its internal data guidance, privacy notice for customers, template agreements with other processors to comply with the legal requirements under the PIPL;

Representing a US based client in the software development industry in reviewing their cross-border data transfer programs;

Data Privacy and Cybersecurity

Representing a US based client in the software development industry in reviewing their cross-border data transfer programs;

Representing various European clients in advising various data and privacy issues relation to their employees, customers and vendors in China;

Representing various US listed SaaS clients in relation to regulatory licenses for its proposed operations in China;

Representing an EU client, with expansion plans in China, that develops and maintains a hosting website/ platform for its healthcare customers to collect and process subjects’ data in their multi-jurisdictional clinical trials, including advising on the cybersecurity and privacy requirements under local laws, reviewing data control agreements and service agreements with its customers and the local hospitals, and establishing their own legal presence in China to satisfy the localization requirements;

Representing a commodity trading company to establish their local IT and cybersecurity system for a Chinese subsidiary, including providing guidance on good market practice, helping design the flow chart for data management, tailoring the global privacy policies and intercompany data transfer agreement for use by its Chinese subsidiaries, and advising in relation to personal data, critical data and state secret issues in China;

Representing a leading Chinese investment fund and coordinated with our EU colleagues to lead the EU regulatory analysis, including advising on relevant GDPR requirements, and analyzing whether the new EU FDI review regulation will apply (given the personal data held by the target company) to their proposed acquisition of a gas distribution company in Greece;

Representing a leading automobile and motorcycle brand in its proposed establishment of a world-wide online platform for renting motorcycles and providing accessary booking services for the travel package, including conducting legal analysis on corporate structures, required licenses and filings, and relevant privacy and data processing requirements under PRC laws;

Representing a leading bank in the review of its template ecosystem partner agreement that will be used for Apps and online business partners;

Participating in the world-wide legal analysis on cross-border transfer of data together with US and EU colleagues for a leading medical device company;

Representing various multi-national companies and their Chinese subsidiaries in the review of their employees’ consent for the use, processing and cross-border transfer of personal data and relevant internal policies;

Advising various Chinese clients in the E-discovery process and cross-border data transfer issues for use in the offshore litigation procedures;

Providing webinars and trainings in respect of data privacy requirements and legislation updates under PRC laws.

Life science and healthcare

Represented a US listed pharmaceutical company in the acquisition of a domestic chemical supplier.

Represented a US listed medical device company (that manufactures Class III medical devices) on its compliance issues, including conducting on-site training regarding legal requirements for medical device advertising.

Represented a US isotope pharmaceutical company on its negotiations of the distributorship agreement with its China distributors, assisted with its imported pharmaceutical registration in China and related regulatory issues.

Represented pharmaceutical companies and medical device companies on their global acquisition, daily operational matters and internal compliance matters.

Represented a US multinational pharmaceutical and medical devices company on the spin-off of its diagnostics devices business in China, including assets and employee transfer, lease signing, review supplier agreement and update registration information.

Real estate

Advising Wanda Properties Overseas Limited, a subsidiary of Dalian Wanda Commercial Management Group Co., Ltd., on issuing the US$325 million 7.25 percent Guaranteed Bonds due 2022.

Assisted in a Joint Venture project with a leading French commercial real estate company, on the investment and development of large scale multi-purpose commercial complexes, located close to Charles de Gaulle. The Joint Venture investment project was valued at a total of over €3 billion.

Assisted clients in the acquisition of various land parcels in London, Los Angeles, Chicago, Gold Coast and Sydney. Managed the development of such projects into large-scale multi-use commercial complex and high-end residential buildings. Also managed the subsequent on-going development bidding phase, daily operations and sales matters

Represented a leading Chinese conglomerate, and acted as the main point of contact on its various overseas acquisitions, including negotiating letters of intent, conducting due diligence, drafting and negotiating deal documents, assisting with the signing and closing of deals, assisting with necessary regulatory approvals and anti-trust filings.

Represented a domestic commercial real estate developer in obtaining image license rights from western celebrities.

Entertainment & Media, IP

Assisted in the acquisition of a well-known US sports events production company participated in its post-closing new event development and daily operational matters.

Assisted in the acquisition of an international sports & media company, with its headquarters in Switzerland and worked on co-investment structures in Hong Kong involving third party co-investors.

Assisted in the acquisition of certain equity in the La Liga club, and worked on post-closing daily operational matters, such as management of players, obtaining naming rights, and dealing with sponsorships

Assisted in the acquisition of the minority equity of a leading US film studio.

Assisted in the acquisition of an Australian cinema line, including the establishment of a cross-border financing structure.

Assisted in the acquisition of various animation production companies based in London and Italy respectively, and their intellectual properties.

Assisted in the acquisition of local travel agencies located in Australia and New Zealand.

Represented a domestic company on its trademark and patent prosecutions in US and European Union.

Assisted a Sino-US joint venture studio in the drafting of its film production agreement, letter of intent, copyright license and film producer service agreement.

Represented a US children’s educational institution on its potential license fee dispute between Chinese franchisor parties.

Represented a family member of a US celebrity in relation to the name and image rights of such celebrity, and relevant trademark registrations in China, also assisted with the relevant trademark oppositions in China.

Manufacturing

Represented a leading US automotive engine manufacturer in negotiations with several leading China-based vehicle companies on the establishment of a joint venture.

Represented a leading international chemical company headquartered in Netherlands, on its acquisition of a China-based automotive coating company.

Represented a US bearing manufacturer in acquiring all equity held by its China-based joint venture partner, and thereafter converting this China-based JV into a wholly-owned subsidiary of our client. The project also involved the transfer of state-owned assets.

Represented a US listed company (that manufacturers Class I medical devices) in its establishment of trading and procurement centers in Shanghai and Shenzhen respectively, and assisted with its daily operational issues including labor disputes, distributor agreement and regulatory issues.

Represented a French listed plastics manufacturer on establishing its investment headquarters in Shanghai, assisted our client in obtaining relevant government approvals and preferential treatment, conducted the internal restructuring of its existing subsidiaries in China, and worked on its daily operational and compliance issues.

Others

Represented a US art investment bank on its cross border financing issues with domestic art-collectors.

Represented a leading IT service provider in a global asset acquisition of its rival entity, including conducting the due diligence on its China entities, local employees and assets, and handling the internal restructuring work.

Represented an offshore bank to review a China-based company’s cross border guarantee plan.

Represented foreign investment companies on their labor employment issues, including labor contract, employee handbook, alien employment license, reviewed welfare policy and labor disputes, such as early dismissal, termination and labor arbitration.

Represented a multinational futures trading company on its domestic guarantee and financing arrangement.

Recognitions

Ranked in the A-List 2024-25: Growth Drivers by China Business Law Journal
Selected through peer review for inclusion in the inaugural edition of The Best Lawyers™ in China for Corporate Law (International Firms), 2020