Daniel Leung focuses his practice on general commercial, China-related commercial and communications matters.

Prior to joining Squire Sanders, Daniel was an associate solicitor for an established Hong Kong-based law firm where he handled cross-border merger and acquisition transactions, various types of China-related commercial transactions and legal matters, foreign direct investments, cross-border China-related disputes, corporate restructurings, corporate finance and continuing listing compliance, and intellectual property matters such as trademark registration, enforcement and opposition, copyright issues, domain name registrations and other intellectual property-related matters.

Daniel was admitted as an Affiliate of the UK Association of Chartered Certified Accountants in 2006.

Representative Experience

• Working with associates in Shanghai and Beijing to advise and handle the setting up of wholly foreign owned enterprises (WFOE) and representative offices in China. Commenting on merger and acquisition rules and regulations, equity transfer and asset purchase transaction in China. Handling various legal matters in relation to PRC laws and regulations, e.g. employment issues, reinvestment policies, investment catalogue, taxation, foreign direct investment regulations, land related matters, contract disputes, intellectual property matters and other general matters.
• Working with associates in Shanghai and Beijing to advise and assist clients in setting up a proper employment management system in China in accordance with the PRC Labor Law and Labor Contract Law, e.g. drafting labor contracts, articles of association, employee handbooks and confidentiality agreements; appointing legal representatives, directors and supervisors; complying with the social insurance system; and handling labor related disputes for client. In addition, assisting the client in setting up a proper internal control and document approval system and to improve corporate governance of their subsidiaries in China.
• Advising various international corporations with offices worldwide on Hong Kong and PRC legal compliance issues, such as compliance with Hong Kong and PRC listing compliance requirements, improvements to their business engagement model, supplier selection, corporate governance, internal company rules and regulations, employment related policies and procedures, contract approval system and hierarchy and contracts management system. Reviewing and drafting standard contracts and conducting seminars on various issues.
• Working with associates in Beijing to advise clients on various tax planning issues in relation to their foreign direct investments in China as well as compliance of PRC tax regulations. Working with Hong Kong and PRC tax lawyers to assist clients in formulating tax efficient plans and restructuring their current investment structures by using a Hong Kong company for tax planning purposes.
• Representing a Beijing-based media company in a US$15 million private equity deal with a common intention to list its shares on Nasdaq for an IPO valuation of more than US$110 million. The four existing shareholders of the Beijing media company pledge their 90 percent equity interest in the media company to a newly set-up service WFOE in China in exchange for a right to subscribe the shareholding of the controlling company of the service WFOE and use this controlling company as the listing vehicle for IPO on Nasdaq. The deal is structured with an onshore share pledge and an offshore subscription agreement (together with other ancillary agreements).
• Representing a Pearl River Delta-based machinery manufacturing company in a US$40 million M&A deal with a US acquiring company. Both the acquirer and acquiree are leaders in the carton machinery industry. With both a PRC limited liability company and a Hong Kong affiliate on the sell side, the deal is structured with both a share exchange agreement and an assets purchase agreement, for tax advantages.
• Representing a private equity investor from the Netherlands in a US$25 million deal to invest in a PRC limited liability company engaging in the manufacture of silicon wafers for the solar power industry. The deal is structured with both an onshore share sale and purchase (Share Sale and Purchase Agreement and Option Agreement) and an offshore transaction and undertaking (Sponsor Deed of Undertaking, Share Pledge Agreement and Shareholders’ Agreement).
• Participating in a global M&A deal of an NYSE publicly listed company engaged health care technology including developing, manufacturing, marketing, distributing and selling medical devices and products worldwide.
• Handling the set up of a wholly foreign-owned enterprise and representative office in China and various legal matters in relation to PRC laws and regulations, such as employment issues, reinvestment policies, investment catalogue, taxation, foreign direct investment regulations, land-related matters, contract disputes and intellectual property matters.
• Advising several leading US-listed companies in launching their various sales and warranty projects in Hong Kong and China.
• Advising a US-listed company in the acquisition of assets of a medical apparatus company in Zhuhai, China and setting up a foreign investment enterprise to operate those assets.
• Advising a Hong Kong-listed company in the acquisition of vacant land for residential development in Shanghai.
• Advising a Hong Kong-listed limited company in the acquisition of a manufacturing company manufacturing iron tools in China.
• Advising a Chinese developer in the sale of a prime commercial building in Shanghai to a limited partnership managed by a well-known Hong Kong investment bank.
• Advising a Malaysia-listed company in an acquisition of a Wuxin infrastructure project.
• Advising a Malaysian company listed on the MESDAQ Market in an acquisition of two China-based companies engaging in the production, research, development and sale of industrial electronic modules, telecommunication equipment and related component modules business in Hangzhou.
• Advising a well-known Hong Kong power corporation on the potential acquisition of assets or equity interest of a Chinese state-owned enterprise.
• Handling China-related business transactions and foreign direct investments projects including setting up WFOEs and joint venture enterprises, converting domestic enterprises to foreign enterprises, complying with the foreign exchange control regulations in China, and advising on corporate restructuring, employment issues and dispute resolution in China.
• Advising on the China legal environment for telecommunication, trading, wine and import and export industries and dealing with licensing matters in China.
• Advising Hong Kong-listed companies on compliance with Hong Kong Listing Rules.
• Handling trademark registrations in Hong Kong, Japan, United States, China, Thailand and Taiwan including successfully registering a three-dimensional trademark in Hong Kong.