Huang Jianwen

Head of KWM Healthcare & Pharma Practice / Director-in-Chief of KWM BRCICF

Beijing, China

Areas of Practice

Ms. Huang is the head of KWM's healthcare group and the director-in-chief of KWM Belt & Road Center for International Cooperation and Facilitation (BRCICF).  Ms. Huang specializes in investments (including inbound and outbound investment), M&A (including domestic and cross-border M&A), and general corporate matters. 

Ms. Huang acts for clients from varied industry backgrounds for their M&A transactions and general corporate matters.  The industries include pharmaceutical, healthcare, medical devices, food (including health food), agricultural products, cosmetics, direct marketing, clean energy (solar, wind and nuclear energy), machinery manufacturing, aviation, mining, ports, and telecommunications, etc.

Pharmaceutical and Healthcare

As the head of KWM healthcare group, Ms. Huang has acted for a number of domestic and multinational pharmaceutical companies, medical device companies, medical institution investors, and medical institutions with restructuring and reforming, setting up, investment, mergers, daily operations, hospital management consultancy and obtaining all types of relevant approvals (such as, product listed licensing, production and sales license).  Ms. Huang has also assisted with the liaison with the China Food and Drug Administration and the National Health Commission of the People's Republic of China.  Ms. Huang is familiar with the regulatory supervision and registration requirements of drugs, medical devices, food, and cosmetics in China, and served as an expert witness regarding Chinese legal matters and provided opinions on Chinese laws in several oversea litigations involving health food.  Ms. Huang pays close attention to the latest developments in laws and regulations in medicine and medical related industries.  She is actively involved in the provision of legislative proposals, and is actively engaged with the relevant pharmaceutical industry association to provide legal consultancy services.

In 2018, she acted as the leading partner for Luye Pharma Group on its transaction with AstraZeneca relating to the sale of assets and rights of license in 51 international markets, which was selected as Top 10 Cross-Border M&A Deals in the Field of Healthcare in the Year of 2018.  Additionally, Ms. Huang represented Pfizer for Pfizer's acquisition project, which was awarded the Cross-Border Deal of the Year and the Healthcare/Life Science Deal of the Year by M&A Advisor in 2010. 

The Belt & Road

Ms. Huang is in a position to provided accretive legal advice and services on complicated cross-border legal issues for clients based on her perennial experience in international transactions, the thorough understanding of the business and needs of enterprises, and the comprehension of the diversiform legal systems in different countries.  She has provided legal services for numerous investments and M&A projects in various countries along the Belt and Road, including many Asian, African, North American, Oceanian, and European countries such as Laos, Kyrgyzstan, Kazakhstan, Russia, Pakistan, India, Bahrain, Germany, the United Kingdom, Austria, Norway, Sweden, the United States of America, Mexico, Australia, Canada, Namibia, and Zimbabwe, etc.

Investment and M&A

Ms. Huang has accumulated extensive experience in investment and M&A, and provided legal services to many multinational companies (including Fortune 500 companies), domestic companies, and state owned enterprises (SOEs) for their domestic investment and M&A projects.  Her legal services include complete architectural design of the investment and M&A transactions, due diligence, drafting and modifying transaction documents, negotiation, and assisting liaison with the government and assisting in the assessment and the approval of the governmental process.  Ms. Huang's many years of professional experience has helped her familiarize herself with different operation models, management models and philosophies of companies.  This helps her to provide the best advice to her clients for their M&A deals.  One of her representative matter is acting as GE's counsel with respect to Chinese law in GE's acquisition of Alstom's power and grid business, which is the biggest M&A deal in 2015 in the industry and the biggest industrial investment GE has ever made. 

In addition, Ms. Huang has acted for various SOEs and domestic companies in multiple outbound investment and M&A projects (including North America, Central Asia, Australia, Europe, and Africa, etc.), including acting as the leading counsel and successfully coordinating with attorneys from several countries and regions and different jurisdictions in completing outbound investment and M&A deals involving complicated transaction structure, tight timeline, complex approval process, and different types of target entity.  One of her representative matters is representing an SOE for a series of cross-border acquisition including publicly traded companies in London and Australia and African subsidiaries.  This acquisition is the second biggest acquisition project in the global mining industry in that year.

General Corporate Matters

Ms. Huang understands the commercial interests of different clients and their corporate governance needs.  She provides her clients with customized solutions specifically tailored to address corporate establishment, operations, or liquidation issues.  Her legal expertise includes, but not limited to the following: providing guidance regarding corporate governance structures and the relevant legal risk controls; advising on the laws and regulations in various industries; drafting, revising, and negotiating different types of contracts; communicating with the relevant government authorities with respect to specific business content; and assisting her clients with obtaining government approvals, as well as providing consultation for legal issues with respect to her clients' daily operations.

Publications

Ms. Huang authored a number of published works and articles related to foreign investment, cross-border investment, M&A, and the pharmaceuticals and healthcare industry.   

Ms. Huang is a contributing author to the following books/publications: 

(1) Foreign Investment Regulation Review: the first edition, the second edition, the fifth edition, the sixth edition and the seven edition;

(2) Pharmaceuticals and the Law, A Guide to the Chinese Pharmaceuticals and Healthcare Market;

(3) European Lawyer Reference - Distribution and Marketing of Drugs: the 2013 First Edition and the 2015 Second Edition; and

(4) The Health & Aged Care Services section in One Agreement, Many Winners - A Guide to the China-Australia Free Trade Agreement (ChAFTA) (by the Chinese Consulate to Brisbane, Australia and KWM).

Recently, Ms. Huang has published a series of articles through the KWM China Law Insight blog, the KWM WeChat platform and other platforms:

(1) "Guildlines for Epidemic Prevention Materials Exported from China" (April 11, 2020);

(2) Is the "Specific Drug" of 2019 Novel Coronavirus-Infected Pneumonia still far away from us? ---- Analysis of several systems to accelerate the process of drug registration and clinical use (February 5, 2020);

(3) "Analysis on the Special Regulatory Mechanisms of Traditional Chinese Medicine" (February 21, 2020);

(4) "How to Alleviate the Shortage of Medical Devices?" (February 19, 2020);

(5) "Discussion on the Legal Issues Related to Novel Coronavirus Pneumonia Vaccine" (February 15, 2020);

(6) "The Important Role that Remote Medical Treatment Plays in Responding to Novel Coronavirus Pneumonia Outbreaks" (February 11, 2020);

(7) "PRC Legal Regulation in Stem Cell and the Prospects of Foreign Investment in Stem Cell" (September 18, 2019);

(8) "Detailed Analysis of Drug Asset Transaction Model and the Transaction Agreement" (September 11, 2019);

(9) "Market Authorization Holder System——An Important System under the Newly Revised Drug Administration Law" (September 9, 2019);

(10) Major Changes in the Newly Revised Drug Administration Law (August 29, 2019);

(11) Comments on the Newly Revised Drug Administration Law from a Practical Perspective (August 28, 2019); and

(12) "The Promulgation of The Vaccine Administration Law of the People's Republic of China —— implementation of the most rigorous whole-process

 administration system of vaccines at national strategy level" (July 5, 2019).

Ms. Huang is identified as a leading individual in the field of Healthcare & Life Sciences in the year of 2019 and 2020 by Legal 500. She is identified as a Tier 1 lawyer in the field of Healthcare & Life Sciences in the year of 2018 and 2019 by Legal Band. She was identified as a highly recommended lawyer in the field of Healthcare & Life Sciences in the year of 2018 by Legal 500 and was identified as a highly recommended lawyer in the field of corporate and M&A in the year of 2015 by Legal 500. She was also recognized as one of the 2017 A-List China's Top 100 lawyers by China Business Law Journal. Moreover, she was recognized as one of the Top 10 Lawyers Returning to China after Overseas Study by the Beijing Bar Association in 2011. She has also received multiple KWM awards, including the 2015 Outstanding Cross-border Cooperation of the Year; the 2012 Outstanding Partner of the Year Award; the 2010 Outstanding Partner Award; and the 2006 Outstanding Lawyer Award. 

Work Experience

 

Ms. Huang joined KWM in 2003.  Prior to joining KWM, she was a lecturer (corporate law) at Beijing Economics and Trade University School of Law.  

Ms. Huang obtained her LL.M. from New York University School of Law in the U.S., and her Master of Philosophy in Law (M. Phil) from City University of Hong Kong.  She was also a visiting scholar at Harvard Law School.

Ms. Huang obtained her legal practice certificate in China and her working languages are Chinese and English.

 

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