Dr. Haiyan Tang

Litigations and Arbitrations

• Representing Adcentrx Therapeutics, Inc. and its management in an action of trade secrets misappropriation brought by its competitor Abbvie in California, and in actions brought by U.S.-based biopharmaceutical company Sorrento and its Chinese subsidiary on a variety of trade secret claims and other claims.
• Representing a healthcare-oriented Chinese private equity fund in an arbitration before the HKIAC brought by a U.S. listed company alleging misappropriation of confidential information.
• Represented Regor Therapeutics Group, a Shanghai-based biotech company, and its two co-founders, former senior Pfizer scientists and executives, in a high-profile trade secret litigation brought by Pfizer in the District of Connecticut, successfully obtaining a favorable settlement for the client.
• Represented Tekmira Pharmaceuticals Corp. in litigation against its former collaborator, Alnylam Pharmaceuticals, Inc., achieving a favorable settlement for the client.
• Defending DiDi Global Inc., a leading taxi-hailing service based in China, along with its senior officers, in a shareholder class action lawsuit in the Southern District of New York. The lawsuit alleges misrepresentations in the IPO registration statements and seeks damages under Section 11 of the Securities Act of 1933.
• Representing pro bono Chinese immigrants and a Florida real estate firm in challenging SB 264, a state law that effectively prohibits non-U.S. citizens or permanent residents from purchasing property in Florida, succeeded in having its enforcement temporarily halted by the Eleventh Circuit Court of Appeals.
• Representing Landbridge Port Services (Hong Kong), Ltd. in a complex cross-border litigation and arbitration matter involving multiple jurisdictions, including China, the U.S., Barbados, Panama, and Singapore, stemming from an intricate scheme by the opposing side to illegally deprive Landbridge of its ownership interests in a landmark port project in the Republic of Panama.
• Representing CorDx Inc., a global leader in in vitro diagnostics, in a high-stakes breach-of-contract case against Genabio Diagnostics Inc. and its founder in Middlesex County Superior Court, Massachusetts.
• Representing Bitdeer Technologies Group in a significant lawsuit filed by Ayrton Capital, LLC in the United States District Court for the Southern District of New York, where Ayrton alleges that Bitdeer breached an exclusivity provision by negotiating an equity transaction with a third party.
• Defending Shein Technology LLC and another party in a cross-border action brought by the operator of Temu website on claims involving antitrust, copyright infringement, and trade secrets.
• Defending a Chinese digital fashion company against patent infringement claims brought by CLO, a South Korean 3D garment design software company, in the Eastern District of Texas. 
• Advised Smoore Technology Limited, a leader in atomization technology, on a class action lawsuit brought against it in the Middle District of Florida.
• Represented the subsidiary of a leading Chinese importer/exporter of pharmaceuticals and medical products in a complex dispute before the HKIAC.
• Represented major Hong Kong-based pharmaceutical businesses in a dispute with the American subsidiary of a NASDAQ-listed company, which settled favorably.
• Served as a CIETAC arbitrator on a commercial dispute between a global medical device company and a top China distributor.
• Managed several arbitrations and litigations before the HKIAC, the 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 HKIAC 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 Japanese food and chemical company before the International Trade Commission (“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.

Investigations and Government Enforcement

• Acted as Regional Compliance Director and outside counsel for a leading global pharmaceutical company in China, spearheading the Company’s China investigations and compliance reviews.
• Representing a large Chinese company in investigations by the U.S. Department of Justice and the U.S. Department of Homeland Security, along with other government agencies, regarding allegations of illegally exporting drugs and other products from China to the U.S.
• Representing a top Chinese company in a U.S. Securities and Exchange Commission (“SEC”) investigation.
• Advised a renowned biologist in parallel investigations by the U.S. Department of Justice (“DOJ”), another government agency, and a prominent U.S. university.
• Obtained a favorable settlement for a U.S.-listed Chinese company in the tutoring business with the U.S. Securities and Exchange Commission (“SEC”) after a five-year investigation.
• Advised numerous companies in connection with FCPA-related internal investigations and government enforcement actions involving the DOJ, the SEC, and other U.S. foreign enforcement agencies.
• Advised multi-national companies across industries – including pharmaceuticals, medical devices, and infrastructure – concerning allegations of corruption or clinical trial inspection involving Chinese government agencies, including the Administration of Industry and Commerce, the State Food and Drug Administration, and the Ministry of Public Security.
• Led internal investigations for multiple global pharmaceutical companies and technology companies regarding allegations of sales data manipulation, channel stuffing, improper benefits to government employees, T&E and travel agency issues, potential management oversight, inappropriate patient data tracking and collection, off-label promotion, bid rigging, conflicts of interest, and self-dealing.

Compliance Programs, Due Diligence, and Risk Assessment

• Advised many top private equity funds, financial institutions, healthcare providers, and multinational companies with respect to regulatory due diligence, including: devising and organizing compliance and training programs; drafting compliance policies and procedures; and implementing monitoring and testing structures.
• Advised top Chinese internet and technology companies in structuring their export control programs and global data compliance programs.
• 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.

Private Equity Fund Legal and Compliance

• Served as the Chief Legal and Compliance Officer in charge of all legal and compliance aspects of the private equity fund 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.
• Achieved successful results in managing sensitive domestic and international disputes involving private equity firms.
• Engaged in many aspects of private equity fund business operations such as fund raising and investment committee meetings, in addition to managing legal and compliance due diligence matters regarding investment and investment exit strategies.
• Served as de facto independent monitor for a leading private equity firm to provide monitoring oversight of high-risk investments in emerging markets.

• George Washington University Law School
  (J.D., 2007)
  
• Yale University
  (Ph.D., Neuroscience, 2004)
  
• Yale University
  (M.A., Philosophy, Neuroscience, 2002)
  
• Nanjing University
  (B.Sc., Biology, 1996)

• The California Bar
• United States Patent and Trademark Office

• English
• Mandarin

• Paul Hastings:
  • Partner, 2015 - 2019; 2020 - 2021
  • Of Counsel, 2014 – 2015
    
• CBC Group:
  • Managing Director; Chief Legal and Compliance Officer, 2019 – 2020
    
• Kirkland & Ellis:
  • Associate, 2013 – 2014
    
• O’ Melveny Myers:
  • Associate, 2011 – 2013
    
• Orrick Herrington & Sutcliffe:
  • Associate, 2007 - 2011

• Recognized by Legal 500 Asia Pacific, Dispute Resolution: Litigation: Foreign Firms, Recommended Lawyer
• Recognized by Chambers Global
• Awarded the Paul Grossman Coaching Award for building a highly effective litigation and investigation team in Shanghai that is praised by clients across sectors
• Recognized by Global Investigations Review among Top Women in Investigations 

Co-Author:

• China Enacts New Export Control Law – Global Businesses Take Heed, Lexology, 2020
• China Enacts Regulations on Unreliable Entity List, Lexology, 2020
• Commerce Simplifies—but Expands—the Foreign Direct Product Rule for Huawei, Lexology, 2020
• Nine Things You Need to Know About the Trump Administration Sanctions Against TikTok and WeChat, Lexology, 2020
• Does Your Research Compliance Need a Refresh? China’s Highest Court Sends a Warning to Life Sciences Companies, Lexology, 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

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

• Shanghai International Arbitration Centre, Panel of Arbitrators
• Hong Kong International Arbitration Centre, List of Arbitrators
• China International Economic and Trade Arbitration Commission, Panel of Arbitrators