ServicesGovernment Affairs & Compliance; Cyber Security & Data Protection; Dispute Resolution; Corporate Matters; Intellectual Property

SectorsConsumer Products; Health Care; Pharmaceuticals & Medical Devices; Food & Agriculture; Technology

AdmissionsPRC
New York

EducationNew York University, LL.M., 2011
University of Amsterdam, LL.M., 2005
Shanghai International Studies University, LL.B., 2004

James Jiang is the managing partner at Topcom. He focuses his practice on government affairs and compliance, cyber security and data protection, dispute resolution, and corporate matters. James is licensed to practice law in the PRC and the New York State of the U.S. He is an Adjunct Professor at the East China University of Political Science and Law, and an arbitrator of China Commission of Arbitration for Sport and Shanghai Arbitration Commission.

James has been leading the team for a long time to represent many clients in dealing with their tough cases in various industries. In 20 years of practice, he has handled a wide range of cross-border legal matters, including data protection, investment and financing, and intellectual property rights protection. In the areas of government affairs and compliance practice, James has represented clients in high-profile government and corporate investigations, and criminal cases, such as the Top Ten Most Important Legal Cases of 2016 That Pushed Forward China's Legal System and China's First Case of Illegally Providing Trade Secret to Overseas Entities. James has been frequently invited to attend lectures and symposiums, and discuss cutting-edge legal topics of regulatory compliance. James communicates closely with relevant sides so as to advise clients in regulation and practical operations. 

James received his bachelor's and master's degrees in law from Shanghai International Studies University, University of Amsterdam and New York University School of Law.

Named "Recommended Lawyers" in Corporate Investigations / Anti-Corruption by Chambers Greater China 2023 and 2024, and Chambers Global Guide 2024;

"Ranked Lawyers" in Regulatory / Compliance and Data Protection by The Legal 500 Greater China 2024;

Named "Recommended Lawyers" in Dispute Resolution - Government and Regulatory by Benchmark Litigation Asia Pacific 2024 and Benchmark Litigation China 2024;

Ranked as one of 100 "The China's A-List Lawyers" for three consecutive years by China Business Law Journal ("The A-List 2021, 2022 & 2023-2024"). James was ranked as "The A-List 2023-2024: Growth Drivers" in 2024;

Named "Practice Heads" and "Recommended Lawyers" in Corporate / M&A, Regulatory / Compliance, Data Protection, Life Sciences / Healthcare by The Legal 500 Asia Pacific 2023;

Ranked as "Top Lawyers in Healthcare and Life Sciences" by LEGALBAND 2022 and 2023 Edition;

Named "Practice Heads" and "Recommended Lawyers" in Corporate / M&A by The Legal 500 Asia Pacific 2022;

Named "Next Generation Partners" and "Recommended Lawyers" in Regulatory / Compliance by The Legal 500 Asia Pacific 2020 and 2021;

The only lawyer to be named "Notable Practitioner in Regulatory" by Asialaw Leading Lawyers 2020 Edition;

Elected in 2018 to the pool of lawyers handling foreign-related legal matters organized by Shanghai Municipality Judicial Bureau;

Recognized in 2017 as the Top 10 Young Lawyers of Shanghai Huangpu District and was a finalist for the Top 10 Young Lawyers of Shanghai.

Commissioner of Healthcare Practice Committee of All China Lawyers Association;

Legal counsel of Shanghai Huangpu District Government;

Deputy director of Disciplinary Department of Shanghai Bar Association;

Deputy director of Lawyer's Working Committee of Shanghai Huangpu District Judicial Bureau;

Civil and administrative case consulting expert by China's Supreme People's Procuratorate;

Member of China Law Society;

Commissioner of Administrative Review Committee of Shanghai Huangpu District Government;

Lawyers' representative to the 11th Shanghai Lawyers Congress;

Deputy director of Healthcare Practice Committee of Shanghai Bar Association;

Commissioner of Shanghai Food and Drug Safety Research Institute;

Commissioner of Life Sciences Law Research Committee of Shanghai Law Society;

Commissioner of Lawyer's Law Research Committee of Shanghai Law Society;

Expert of Shanghai Overseas IP Protection Service Base;

NYU Law International Advisory Board Member.

Government Affairs and Compliance

The top ten most important legal cases of 2016 that pushed forward China's legal system - Represented the world's largest meat processing group in an in-depth food safety investigation initiated by multiple Chinese regulatory authorities, including the Food and Drug Administration (FDA), the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), the Administration of Industry and Commerce (AIC) and the Public Security Bureau (PSB). This case directly resulted in the revision of over ten national and local Shanghai food safety laws and regulations, and on April 20, 2017, it was ranked the fifth out of the top ten most important legal cases of 2016 selected by China's Supreme Court and CCTV, China's official central television station;

China's first case of illegally providing trade secret to overseas entities - Provided comprehensive compliance services for a leading domestic high-tech company involving trade secret protection, anti-unfair competition and intellectual property protection as well as anti-bribery and anti-corruption. Among others, the trade secret protection case concluded in 2022 was the first case of illegally providing trade secret to overseas entities investigated and handled by China's judicial authorities;

Represented a prominent state-owned enterprise in the investigations involving commercial bribery and accounting fraud, initiated by the European partner in its joint venture company;

Provided daily legal counseling on personal information protection, data security and APP compliance for a number of multinational companies in the areas of voice recognition, electrical devices, travel services, automotive parts and e-commerce websites;

Represented a world-leading communications enterprise in evidence collection, interviews, legal analysis, and electronic data screening and review in connection with the disclosure of evidence in the litigation brought by the U.S. government against its overseas patents;

Represented a world-leading nutrition company for infants and children in responding to a high-profile national investigation launched by the Chinese regulators;

Represented a leading U.S. electric motor company in the transfer of its Changzhou plant and site to a domestic company through bidding, and conducted a full investigation and successful crisis resolution of a compliance report filed by the company unsuccessful in bidding;

Represented a world-renowned environmental treatment company in providing full legal and compliance advice on incidents related to groundwater and soil contamination.

General Corporate Counselling

Represented a world-leading U.S. e-cigarette company in providing comprehensive legal services in all aspects of its entry into the Chinese market, including policies related to market access, trade, taxation, intellectual property, antitrust and unfair competition. Assisted the client's Chinese entity in managing registration and licensing, daily operations, labor and human resource matters. Reviewed product packaging, labels and materials including the product manuals to meet the compliance requirements. Advised the client on compliance for online and offline sales of e-cigarette products in China;

Represented a world-leading automotive parts company in its acquisition of a domestic hydrogen cell technology company; provided transaction-related legal services involving legal and compliance due diligences, dispute resolution and subsidy policy consultation;

Represented a globally renowned consumer products company in its acquisition offer of an established cosmetics company and provided cross-jurisdictional legal due diligence services;

Represented a European leading fund in its acquisition of a gaming equipment consumer products company and provided legal and compliance due diligence services in Greater China;

Provided daily legal counseling for a leading international snack and pet food group, as well as theme park-specific services, dispute resolution, food safety training, etc.;

Provided daily legal counseling and food safety trainings, among other services, to a number of U.S. fresh fruit and dried fruit food companies;

Provided review of terms and conditions of use and compliance services for a globally well-known consumer electronics company;

Represented a U.S. pharmaceutical company in providing legal and tax advice on the license-out and commercialization agreement with domestic pharmaceutical company for monoclonal antibodies;

Represented a state-owned biotechnology company in its ODI in R&D pharmaceutical companies in Israel related to three new drug pipelines, including conducting legal due diligence, drafting and negotiating investment and intellectual property licensing agreements, and handling relevant approval and filing formalities;

Represented a state-owned pharmaceutical company in its acquisition of a German medical device company, advising on transaction documents and structure, tax, and domestic approval issues, and coordinating required overseas supporting services, including intellectual property investigations and on-site due diligence, etc.;

Represented a state-owned pharmaceutical company in its domestic equity investments and joint R&D cooperation in several new drug companies involving COVID-19 test kits, CRO labs, Cart-T cell technology and stem cell therapy;

Represented a well-known Swiss pharmaceutical company in establishing a joint venture through equity acquisition, including advising the JV on the technology transfer for production of Lamivudine and Zidovudine, the anti-AIDS raw materials;

Represented a world-leading clinical research company in the operation of its Shanghai subsidiary, including land acquisition, construction and subsequent intricate transaction matters;

Represented a world-leading semiconductor company in the cross-district relocation of its Wuxi subsidiary's plant and the negotiation with government authorities;

Represented a global nutrition and household products company in designing its Chinese business model and advising on direct selling model and labor matters;

Represented a world-renowned food company in its liquidation and restructuring in China. Assisted the client with the compliance issues and plan making in the process, including comparative analyses of tax, labor, and debt liability and other issues.

Dispute Resolution

Represented a major central state-owned company in a complex debt-collection case over USD100 million before the Singapore International Arbitration Centre and filed bankruptcy claims;

Represented a world-leading telecommunication giant in a patent infringement lawsuit with alleged disputes of over RMB100 million, filed by a U.S. Non-Practicing Entity in regard to a patent family involving several standards essential patents in voice codec used in phone chips;

Represented a world-renowned U.S. medical device company in a series of lawsuits involving disputes over product quality, labor and operation policy;

Represented the world's largest organizer of sports, media and fashion events in reaching a settlement with a well-known Chinese property developer on hosting the nationwide golf tournament in China and handled it debt collection matters in China;

Represented a Wall Street short-selling research institute in addressing a defamation allegation over its publication of a short-sell report on China Concepts Stocks;

Represented a world-leading dairy products manufacturer in handling the lawsuits filed by professional whistleblowers across China;

Represented a well-known food manufacturing company in dealing with massive class action lawsuits filed by professional whistleblowers in Nanjing and responding to corresponding administrative investigations.

One of Drafters, the group standard T/CECC 027 - 2024 "Compliance Guide for Generative AI Data Applications";

Co-author, "White-Collar Crime 2023", published by Chambers Global Practice Guide in 2023;

"Discussion on China's Data Exit Security Regulatory Practices and Exploration of Compliance Paths for Enterprises in the Post-Globalization Era", won second prize of 18th East China Lawyers' Forum in 2023;

One of Drafters, the group standard T/CITIF 001 - 2022 "Data Compliance Management System - Requirements";

Deputy Chief Editor, "Healthcare Law Issues regarding Fight against COVID-19", published by Shanghai Bar Association in 2020;

"Comprehensive Analysis of Statutory Rights and Obligations of Stakeholders during COVID-19 under PRC Laws", published by Inter-Pacific Bar Association, March 2020;

"Legal Protection of Intellectual Property Rights of Genetically-Modified Technology in China", won first prize of China Health Law Society's 2019 China High-End Food and Drug Administration Forum;

"Overview of U.S. and China's Export Control Law Systems", won third prize of 17th East China Lawyers' Forum in 2019;

"Historical Trade Frictions and China-U.S. Trade Disputes", published by 2019 Shanghai Overseas IP Protection Service Base;

U.S. chapter (2018) and EU chapter (2019) for the "Compilation of Key Country Trade Policies", published by Shanghai Commission of Commerce.