China’s emerging statutes and regulations governing the processing, disclosure and transfer of data, under threat of severe penalties, pose significant risks for producing parties. Yet, as Chinese entities increasingly become global commercial players, data located in China becomes increasingly relevant to U.S. disputes and investigations. Our expert panel will discuss the challenges of dealing with requests to produce information located in China, and strategies for obtaining critical evidence while avoiding penalties.
Highlighted Areas of Discussion
+ 2017 Cybersecurity Law
+ 2021 Data Security Law
+ 2021 People Information Protection Law
Crowell & Moring
Zhiwei Chen is an associate in Crowell & Moring’s Shanghai office, where he is a member of the firm’s International Trade and Privacy & Cybersecurity groups. Zhiwei has more than a decade of experience advising multinational clients on a wide range of complex customs, trade, data privacy, and regulatory issues.
Clients benefit from Zhiwei’s experience and insight in managing the risks and maximizing the opportunities associated with China’s increasing regulation of cross-border flow of goods, services, and data. He brings to clients an unusual blend of regulatory, transactional, and litigation experience, which makes him a trusted adviser on various complex China regulatory issues.
Zhiwei has extensive experience in advising leading technology and digital companies in developing strategies and navigating issues related to cybersecurity, data privacy, telecommunications, cloud computing, encryption, and other digital regulations and policies in China.
With his nuanced understanding of regulatory landscapes, Zhiwei also regularly helps Fortune 500 clients create business strategies to optimize supply chain models, develop corporate compliance procedures and provide training, conduct internal audits or investigations, and navigate self-disclosure to China Customs and other regulatory agencies. Clients regularly call up Zhiwei to represent them in customs audits and in dealing with seizures, forfeitures, and other enforcement actions. He has successfully defended clients in a number of high-profile customs audit and investigation cases, including a primary case investigated directly under the supervision of China’s General Administration of Customs. He also advises on other trade-related regulatory issues, including IP border protection, royalties, cross-border e-commerce, export control, Section 301, inspections and quarantine, foreign exchange control, compulsory product certification, product safety standards, labeling, and food, drug, and medical device registration issues.
Duane Morris LLP
Jessica Priselac is a trial lawyer at Duane Morris LLP who litigates complex disputes in federal and state courts, as well as in domestic and international arbitral forums. Jessica has tried numerous commercial disputes to verdict and has extensive experience litigating cases arising out of mergers, product acquisitions, and licensing agreements. She has also successfully defended both private and public entities in a variety of class action disputes, and recently served as defense liaison counsel in a multidistrict litigation brought against a group of international pharmaceutical companies.
Jessica regularly advises a wide range of clients on all aspects of discovery strategy, including how to optimize internal and external resources to efficiently respond to discovery requests. She has more than a decade of experience overseeing large-scale discovery projects, including working with clients to develop specialized procedures for the cross-border review and transfer of data that may be subject to privacy and blocking statutes.
Jessica is a graduate of Emory University School of Law, the School of Advanced International Studies (SAIS) at Johns Hopkins University (M.A.), and Dickinson College (B.A.). Jessica attended Renmin University of China during her undergraduate studies, and the China University of Political Science and Law during her graduate studies.
Chief Privacy Officer, Cybersecurity and Information Governance Counsel
Patrick E. Zeller is the Chief Privacy Officer, Cybersecurity and Information Governance Counsel at Horizon Therapeutics. His work experience includes global responsibility for privacy in 160 countries and for over 110,000 employees for Biotechnology, Pharmaceuticals, Medical Devices and Direct to Consumer Products. He has created and lead other global programs in the information governance, data privacy, (GDPR, CCPA, CPRA, China, Brazil, Vietnam) records management (records cleanup and defensible destruction), eDiscovery, cybersecurity, and data protection. He is a former litigator and federal computer crimes prosecutor.
Patrick is a frequent author and speaker on Privacy and data protection issues, including such topics as Privacy, AI, Blockchain/DLT, iOT, cross-border discovery, data protection and privacy; developing trends; technology-assisted review; and privilege and ethics in eDiscovery, Privacy, and Information Governance.
DPO and Special Counsel for Global Privacy and Forensics
Chris Wall is DPO and Special Counsel for Global Privacy & Forensics at HaystackID. In his Special Counsel role, Chris helps HaystackID clients navigate the cross-border privacy and data protection landscape and advises clients on technical privacy and data protection issues associated with cyber investigations, data analytics and discovery.
Chris began his legal career as an antitrust lawyer, before leaving traditional legal practice to join the technology consulting ranks in 2002. Prior to joining HaystackID, Chris worked at several global consulting firms, where he led cross-border cybersecurity, forensic, structured data and traditional discovery investigations.