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Haiyan Tang

Partner, Litigation Department
San Diego
4747 Executive Drive
12th Floor
San Diego, CA
92121
United States

Fax: 1(858) 458-3120

Overview

Haiyan Tang is a partner in the Litigation Department of Paul Hastings and is based in the firm's Shanghai Office.  Her practice focuses on advising multinational companies in their global government enforcement, investigation, and compliance matters and advising China-based companies in sensitive cross-border litigation and arbitration.

Ms. Tang regularly advises clients in a wide variety of industries on their high-profile U.S. and Chinese government enforcement actions and internal investigations involving corruptions, financial fraud, antitrust and competition issues, government sanctions, and trade policies. She is a top expert in designing and assessing compliance programs, having led the development of many high-standard compliance programs for companies operating in the complex Chinese‑business environment.  Ms. Tang conducted compliance due diligence projects for many top private equity firms and investment banks on their high-stakes, fast-paced investments.  She has extensive litigation experience in the U.S. and has helped many top companies to win high stake cross-border litigation and arbitration battles.

Prior to joining Paul Hastings, Ms. Tang served as Managing Director and Chief Legal & Compliance Officer of a leading private equity fund focusing on health care investment in Asia. She has established compliance programs, led litigations, managed corporate transactions, and designed intellectual property strategies for the fund and its portfolio companies.  Ms. Tang actively participates in business decision process and has intimate knowledge on the operation of a private equity fund and legal compliance needs of different stages of pharmaceutical, medical device companies, and hospitals.

Ms. Tang was the Acting Regional Compliance Director of a leading global pharmaceutical company when it was fulfilling its self-reporting obligation to the United States Department of Justice, and the United States Securities and Exchange Commission, managing the Company's China investigations, participating in proactive compliance reviews, working with multiple stakeholders to remediate issues identified in investigations, and developing compliance strategies. She has also worked for a top international law firm's Silicon Valley office for four years.

Ms. Tang was awarded the Paul Grossman Coaching Award in 2019, for building a highly effective litigation and investigation team in Shanghai that is praised by clients across different sectors. She was recognized as one of 100 top female practitioners in the field worldwide by Global Investigations Review in its Women recognized by Global Investigations Review in its Women in Investigations 2018 special edition, highlighting 100 female practitioners in this profession.  She was also recognized by the Chambers Asia-Pacific 2019 as a "Recommended Attorney."

Accolades and Recognitions

  • Ms. Tang was awarded the Paul Grossman Coaching Award in 2019, for building a highly effective litigation and investigation team in Shanghai that is praised by clients across different sectors. She was recognized as one of 100 top female practitioners in the field worldwide by Global Investigations Review in its Women Recognized by Global Investigations Review in its Women in Investigations 2018 special edition, highlighting 100 female practitioners in this profession.  She was also recognized by the Chambers Asia-Pacific 2019 as a "Recommended Attorney."

Education

  • George Washington University Law School, J.D., 2007

  • Yale University, Ph.D., Neuroscience, 2004

  • Yale University, M. Phil, Neuroscience, 2002

  • Nanjing University, B.Sc., Biology, 1996

Speaking Engagements

Ms. Tang is a co-author of the following publications:

  • Does Your Research Compliance Need a Refresh? China's Highest Court Sends a Warning to Life Sciences Companies, Client Alert, 2017

  • A Seismic Shift in China's Cybersecurity Laws - Businesses Take Note, Hong Kong Economic Journal, 2017

  • How do U.S. Intellectual Property Laws Affect Chinese Companies?, Paul Hastings Insights, 2017

  • How to protect intellectual property in Trump's America, E J Insight, 2017

  • Recent Developments Strengthen Chinese Anti-Bribery Law, Lexology, 2016

  • Why MNC Compliance Units will be Kept Busy in Year of Monkey, E J Insight, 2016

  • Why are Chinese Companies Running Afoul of U.S. Laws?, Lexology, 2015

  • Recent Developments in U.S. Investigations and Litigation, Client Alert, 2015

  • China Releases New Regulations on Donations to Healthcare Entities: Implications for Multinational Healthcare Companies, Lexology, 2015

  • Legislative Reform of China's Healthcare Sector Targets Corruption: Implications for Multinational Companies, Lexology, 2014

  • Implications of the Sucralose ITC Investigation For Chinese Companies, Managing Intellectual Property, 2009

  • The Mammalian Golgi Regulates Numb Signaling in Asymmetric Cell Division by Releasing ACBD3 during Mitosis, Cell, 2007

  • The Enigma of the Numb-Notch Relationship during Mammalian Embryogenesis, Developmental Neuroscience, 2006

  • Numb Proteins Specify Asymmetric Cell Fates Via an Endocytosis and Proteasome Independent Pathway, Molecular Cellular Biology, 2005

Ms. Tang was a speaker at the following conferences:

  • Moderator for panel "U.S. DOJ and SEC FCPA Enforcement Update" at forum "8th Asia Pacific Pharmaceutical and Medical Device Compliance Congress," Singapore, 2018

  • Panelist for panel "The Role of the Compliance Officer in Cybersecurity" at forum "8th Asia Pacific Pharmaceutical and Medical Device Compliance Congress," Singapore, 2018

  • Co-Presenter for presentation "Cybersecurity, Privacy and CFIUS Issue Update" to U.S. Information Technology Office, Beijing, 2018

  • Panelist for panel "Auditing, Monitoring and Data Analytics: Leading Framework for World-Class Investigations - Spearhead the Change Against Uncovering Non‑Compliance" at conference "CBI's 2018 Pharmaceutical Compliance Congress," Washington DC, 2018

  • Speaker for speech "U.S. Defend Trade Secrets Act Recent Developments and Internet Companies' Strategy regarding Same" at forum "Online Competition and Dispute Seminar," Beijing, 2018

  • Panelist for panel "Cyber Threats, Active Defense, and the Business and Legal Impacts" at AmCham Shanghai's Legal Committee Conference, Shanghai, 2017

  • Panelist for panel "Developing Business in Regions with High Corruption Risks" at forum "Responding to FCPA Investigations and Risk Management," Osaka & Tokyo, 2017

  • Panelist for panel "Recent U.S. DOJ Investigations and Enforcement Actions against Japanese Companies" at forum "Responding to FCPA Investigations and Risk Management," Osaka & Tokyo, 2017

  • Panel Chair & Moderator for panel "The Anti-Corruption Landscape in Asia: Heightened Enforcement and Heightened Tension" at forum "Doing Business in Asia: Recent Trends and Developments in the Regulatory Environment, Transactional Practice and Dispute Resolution," Tokyo, 2015

Involvement

  • CIETAC Arbitrator, 2017 - 2020

  • Women in Investigations 2018, Global Investigation Review, June 2018

  • Recommended Attorney, The Chambers Asia-Pacific, December 2019 

Recent Representations

Investigations and Government Enforcement

  • Acted as a leading global pharmaceutical company's Compliance Regional Director and outside counsel in China, led the Company's China investigations and compliance reviews.

  • Advised numerous companies in connection with FCPA-related internal investigations and government enforcement actions involving the U.S. Department of Justice, the SEC, and other foreign enforcement agencies.

  • Advised multiple international companies doing business in China with regard to oversight by a compliance monitor, including implementation of compliance policies and procedures, testing, evaluation of compliance issues, and responses to monitor requests.

  • Advised multi-national companies across industries, including pharmaceutical, medical devices, and infrastructure with regards to Chinese government investigations, including the Administration of Industry and Commerce, the State Food and Drug Administration, and the Ministry of Public Security, concerning allegations of corruption or clinical trial inspection.

  • Led internal investigations for multiple global pharmaceutical companies and technology companies regarding allegations on sales data manipulation, channel stuffing, improper benefits to government employees, T&E and travel agency issues, potential management oversight, inappropriate patient data tracking/collection, off-label promotion, bid rigging, conflicts of interest, and self‑dealing.

Compliance Programs, Due Diligence, and Risk Assessment

  • Advised a variety of entities ranging from private equity firms to pharmaceutical companies with regard to devising and organizing compliance programs and training programs; drafting compliance policies and procedures; and implementing monitoring and testing structures.

  • Advised a few top Chinese internet and technology companies in structuring their export control programs and global data compliance programs.

  • Led compliance due diligence projects for many top private equity funds, financial institutions, and multinational companies

  • Conducted multiple general and targeted risk assessments of business operations and compliance programs for pharmaceutical and medical device companies, and the ensuing compliance enhancement planning to address the findings associated with these efforts.

Litigations and Arbitrations

  • Serving as a China International Economics and Trade Arbitration Center ("CIETEC") arbitrator on a commercial dispute between a global medical device company and a top China distributor.

  • Managed a few arbitrations and litigations before Hong Kong International Arbitration Center ("HKIAC"), Shanghai International Arbitration Center ("SHIAC"), and Chinese Courts regarding employment and commercial disputes for a private equity fund.

  • Represented a leading Chinese media company in its high-profile international arbitration before the Hong Kong International Arbitration Center and in its parallel litigation in Chinese courts and Hong Kong courts.

  • Managed a copyright infringement lawsuit in the U.S. for a leading Chinese media company.

  • Represented a few Chinese individual investors in a real estate contract dispute in New York.

  • Defended a multinational photography and imaging company headquartered in Tokyo, Japan in a patent infringement lawsuit regarding Green Fluorescence Protein optical imaging technology in the Central District of California.

  • Represented a leading biotechnology company in a U.S. state court trade secret case regarding RNAi delivery system.

  • Represented a leading Japanese food and chemical company before the ITC concerning animal feed production technology.

  • Represented a prominent Chinese online travel company in domain disputes before the World Intellectual Property Organization Arbitration and Mediation Center and managed the company's global trademark applications.

  • Represented a leading computer manufacturing company based in Taiwan before the ITC concerning semiconductor-packaging technology.

  • Represented a leading semiconductor company in Silicon Valley and a major semiconductor company in Taiwan in two-patent infringement cases regarding off-line conversion integrated circuits in the District of Delaware and the Northern District of California.

  • Represented a major Taiwanese company that conducts research and development, design, manufacturing, and sales of DRAM products in a patent infringement case regarding certain standardized DRAM technology.

  • Advised a U.S. company in a trade secret misappropriation incident in China, when the ex-employees of the U.S. company took critical technical data and started a competing company in the same industry.

  • Represented a major U.S. software company in many trademark cases in various jurisdictions.

  • Advised a leading Chinese internet search company on internet advertising issues.

  • Managed a trademark infringement lawsuit in China for a top U.S. fashion company.

Private Equity Fund Legal and Compliance

  • Served as the Chief Legal and Compliance Officer in charge of all legal and compliance aspects of private equity funds and principal investments.

  • Directed and collaborated with multiple internal stake holders (including finance, HR, tax, investment teams, and various committees) in developing and implementing internal policies, compliance manuals and operational procedures for private equity funds and principal portfolio companies.

  • Managed sensitive domestic and international disputes involving private equity firms and achieves successful results.

  • Participated in fund raising, investment committee meetings, and managed investment legal and compliance due diligence and principle investment's exit strategies.

  • Served as de facto independent monitor for a leading private equity firm to provide monitor oversight of higher-risk investments in emerging markets.

Practice Areas

Litigation
Corporate
ITC Section 337 Investigations
Intellectual Property
International Arbitration
Anti-corruption and FCPA
Asia
Life Sciences and Healthcare
Investigations and White Collar Defense

Languages

English

Admissions

United States Patent & Trademark Office
California Bar

Education

The George Washington University Law School, J.D. 2007
Yale University, Ph.D. 2004
Nanjing University, B.S. 1996

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