Bingna Guo 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 and individuals in internal investigations and enforcement actions, including FCPA/anti-corruption related investigations, fraud, embezzlement, conflicts of interest investigations, compliance risk assessment, and pre-transaction compliance diligence. She also advises companies on comprehensive compliance programs and trainings.
Bingna has litigated cases in various legal jurisdictions, 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.
Prior to joining White & Case, Bingna was a partner of another leading U.S. law firm.
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.
White Collar and Compliance*
- Conducting compliance risk assessment and developing a series of group-level compliance policies across a range of areas for a multinational mining company, including anticorruption, data compliance, export control and sanctions, environment, that covers China, Australia, Europe, U.S., Brazil, Democratic Republic of Congo.
- 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 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.
- Represented the audit committee of a U.S. listed China-based company in an internal investigation with respect to FCPA and Chinese anti-corruption law issues arising out of whistleblower allegations.
- 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.
- 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.
- 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.
- Represented Capital One in an antitrust action brought by American Express following a Department of Justice judgment against Visa and MasterCard.
*Experience prior to joining White & Case
"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)
"U.S. 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)
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)
"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 U.S.? - 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)
Named Dispute Resolution Star by Benchmark Litigation Asia-Pacific
Corporate Investigation/Anti-corruption practice, recognized by Chambers Asia 2018, China
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