Bingna Guo

Partner, Beijing, Shanghai

Biography

Guo Bingna is “very knowledgeable on both FCPA and the China local laws”; “Her advice is practical, clear and unambiguous even if the issue is complex and delicate. ” ; “She’s smart, good at communicating and very open-minded to creative solutions, ”; “Guo Bingna is a “terrific” resource for multinational companies seeking advice on anti-corruption issues relating to Chinese and US regulations”
Chambers Global 2018 / Chambers Asia-Pacific 2018, 2020

Overview

Bingna Guo is a Partner in the Firm's Global White Collar Practice Group. She has litigated cases in both US and China, and provides clients with strategic and case management advice for parallel proceedings involving multiple jurisdictions. She formerly worked in the litigation department of a leading Chinese law firm under secondment, where she litigated cases before Chinese courts. Bingna has extensive relationships with leading local counsel, and is able to effectively coordinate local litigation and counsel on litigation and dispute resolution proceedings in China.

Bingna has extensive experience in international anti-corruption investigation and compliance matters, cross-border litigation, international commercial arbitration and mediation, regulatory and compliance matters, including data privacy and compliance with China cybersecurity law, antitrust, anti-money laundering, crisis management, and complex commercial litigation. Bingna represents companies, audit committees and individuals in internal investigations and enforcement actions, including FCPA/anti-corruption related investigations, fraud, embezzlement, conflicts of interest investigations, compliance risk assessment, development of compliance policies, and pre-transaction compliance diligence. She also advises companies on comprehensive compliance programs and trainings.

Prior to joining White & Case, Bingna was a partner of another leading US law firm and practiced in its New York office for seven years.

Bingna was named a Hauser Global Scholar for 2001-2002 at New York University School of Law, selected by an international committee chaired by the President of the International Court of Justice. She is a member of the New York bar, and also passed the Chinese bar examination in 1999.

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
Education
LLM
New York University
LLB
Fudan University Law School
Languages
English
Mandarin
Shanghainese

Experience

White Collar and Compliance 

  • 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 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.*
  • Advising 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.
  • Represented the audit committee of a Chinese company to conduct an internal investigation regarding whistleblower allegations during its IPO.
  • Represented the executive of a Chinese company to conduct an internal investigation regarding whistleblower allegations.  
  • 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. We also advised the client on issues arising out of a severe breach of a share purchase agreement in relation to a key acquisition. This included evidence-gathering to verify and substantiate the claim of breach; preparation and notification of the breach notice; and counselling the client on case strategy.
  • Conducting 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, environment, that covers China, Australia, Europe, US, Brazil, Democratic Republic of Congo.
  • Representation of a European multinational chemical products company in an internal compliance investigation resulting from anonymous whistleblower allegations. This matter involved 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.
  • Representation of a leading multinational real estate developer on compliance issues arising out of its China operations, ranging from gifts, meals, hospitalities, to use of vendors and contractors, as well as a series of internal investigations into allegations of fraud, conflicts of interests and bribery.
  • 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.
  • 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 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.*
  • 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.*
  • Advised a French financial institution on Chinese anti-money laundering laws and regulations.*
  • 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.*
  • 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.*
  • 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.*
  • Provided an internal audit and five-year lookback to the US affiliate of a Chinese corporate client regarding compliance with OFAC sanctions.*
  • 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 irregulatrities 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 irregulatrities 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.*

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 lawsuit in the Southern District of New York.*
  • Represented a Shanghai-based online gaming company in its securities lawsuit in the Southern District of New York.*
  • Advising a Beijing-based agriculture business company in its securities lawsuit in the United States 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 Capital One in an antitrust action brought by American Express following a Department of Justice judgment against Visa and MasterCard.*

Antitrust*

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

* Includes experience prior to joining White & Case

Speaking Engagements

"Legal perspective on implications of cybersecurity act compliance" - PwC/AmCham "The Expanding ramifications of bilateral cybersecurity regulation" (November 2019)

"Measuring New Market Supervision Bureau Enforcement and Commercial Bribery Risks under the Anti-Unfair Competition Law", 8th Asia Pacific Summit on Anti-Corruption in Singapore (October 2019)

"How To Build an Effective Corporate Compliance Program", White & Case Taiwan Symposium (September 2019)  

"Latest Anti-Corruption Actions and Tips for MNCs on Internal Investigations - How to comply with Internal and External Investigations on Corruption Cases?", AmCham China (June 2019)

"Hidden Conflicts of Interest: The Latest Best Practices for Addressing Grey Areas and Kickback Risks", "China Forum for Legal and Compliance Officers" seminar by American Conference Institute (June 2019)

"FCPA Compliance Recommendations for Multi-National Organizations with Chinese Business Operations", TRACE International webinar (April 2019)

"Compliance and Regulatory Update for Chinese Companies' Overseas Operations and the Insurance Implications", joint seminar by White & Case and Marsh (March 2019) 

"China entitled "Program Benchmarking and Q&A: Local vs. Foreign-owned Companies Operating in China: How Multinationals are Confronting Varying Anti-Corruption Enforcement and Cyber Risks", 35th International Conference on the Foreign Corrupt Practices Act, American Conference Institute (November 2018)

"Why You Need to Know about Revised Legislation on Commercial Bribery, the Newly Established National Supervision Commission, and New Policies on Drug and Medical Device Approval and Innovation," 12th Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry by American Conference Institute, New York (June 2018)

"ISO 37001: Industry Perspectives on When and How to Incorporate into your Compliance Initiatives," 11th China Forum on Anti-Corruption by American Conference Institute, Shanghai (June 2018)

"China Anti-Corruption 2.0: How New Legislation on Commercial Bribery Elevates Risks for MNs and Increases Standard for Compliance Controls - Special Focus on Third Party Risks and Pitfalls with the Media," 11th Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry by American Conference Institute, New York (June 2017)

"Mock Government Investigation: A Complete Guide on How to Respond to the More Frequent Investigations by Chinese Government Agencies, AIC, Police, Prosecutor, and Court," 10th China Summit on Anti-Corruption by American Conference Institute, Shanghai (June 2017)

"How to Resolve Complex Issues on Privilege, State Secret, Data Privacy for Cross Border Investigations," 9th China Summit on Anti-Corruption by American Conference Institute, Shanghai (June 2016)

"Balancing FCPA Compliance with European and Asian Data Privacy Restrictions," 17th Annual New York Conference on the Foreign Corrupt Practices Act by American Conference Institute, New York (May 2015)

Co-Chair, "Third Party Risk Management in China" Seminar by American Conference Institute, Shanghai (January 2015)

"Intersection of the FCPA and Chinese Anti-bribery Laws," Global Anti-Corruption Regulatory and Enforcement Update by American Conference Institute, Washington DC, (July 2014)

"Status Update on China's New Anti-Bribery Orientation and Enforcement Activity under the Current Leadership," 7th China Summit on Anti-Corruption by American Conference Institute, Shanghai (June 2014)

"US Litigation Explained: the Process, the Potential Pitfalls, and the Path to Victory," US-China Legal Summit, Hong Kong, (March 2014)

"Mining Social Media as a Compliance Resource: How to Detect Bribery Indicators," 6th China Summit on Anti-Corruption by American Conference Institute, Shanghai (June 2013)

"FOCUS on Risks in CHINA – The Explosion of Commercial Bribery Enforcement in the PRC," 2nd Singapore Summit on Anti-Corruption Compliance and Risk Management by American Conference Institute, Singapore (December 2013)

"E-Discovery and Its Implications for Chinese Companies," China Legal IT Summit, Shanghai (November 2010)

"Conducting Effective Anti-Corruption Due Diligence for M&As in China," China Summit on Anti-Corruption by American Conference Institute, Shanghai (July 2008)

"The FCPA Compliance in China," ABA Section of Business Law Small Business Committee Meeting, Charleston (January 2007)

Publications

Author

Chapter 5: China, "From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft", Oxford University Press (2019) 

"Economic Analysis of Intellectual Property Law," Contemporary Law Review 22 (1998)

Co-Author

"China's Legal System Came A long Way in Enforcing Creditor Claims against Bad Debt," South China Morning Post (July 2017)

"China's Draft Cyber Law Raises Concerns for Foreign Businesses," Financial Times (November 2015)

"Anti-corruption Tips for Health Care Cos. Operating in China," Law360 (September 2015)

"Handling Foreign Investment Disputes," China Law & Practice (March 2011)

"Conducting Anticorruption Due Diligence in M&A Deals," China Business Review (July-August 2009)

"Sued By Your Countrymen in the US? - Implications of the Morrison Case," Caijing Magazine (April 2009)

"Alien Concepts for Chinese - Why They Will Struggle in a US Courtroom," International Financial Law Review, Vol. 27 (May 2008)

"Chinese Corporate Governance under the New Company Law: Fiduciary Duties and Minority Shareholder Protection," China Law & Practice, Vol. 20, No. 3 (April 2006)

"Chinese Corporate Governance under the New Company Law: Shareholder Lawsuits and Enforcement," China Law & Practice, Vol. 20, No. 4 (May 2006)

"Broadening the Horizons of China's Domestic Private Sector as the Future Engine of Growth," China Law & Practice, Vol. 19, No. 6 (August 2005)

Awards and Recognition

Named Litigation Star in Dispute Resolution and White Collar Crime by Benchmark Litigation: China 2020

Leading individual in China: Regulatory/Compliance – Asia Pacific Legal 500 2020

Recognised in Litigation Practice (International Firms) by Best Lawyers – China, 2020

Named Dispute Resolution Star in White Collar Crime by Benchmark Litigation: China 2019

"Up and coming", Corporate Investigations/Anti-Corruption (International Firms) in China, Chambers Asia-Pacific 2018, 2019, 2020

Named to the ALB China Client Choice Top 20, Asian Legal Business, 2014

Named a Euromoney "Rising Star" at the IFLR's Asia Women in Business Awards 2011