Yue Qiu
Overview
Yue Qiu is a partner in the Shanghai office of Kirkland & Ellis International LLP, where she advises clients on government enforcement and investigations, compliance counseling and cross-border dispute resolution.
She has been recognized as a “Next Generation Partner” for dispute resolution litigation and as a “Rising Star” for regulatory/compliance by The Legal 500 Asia Pacific.
Experience
Representative Matters
Transactional
- Advised The LYCRA Company in its joint venture with Yinchuan city government to set up manufacturing operations in the Yinchuan city to produce spandex products
- Advised Bain Capital on its formation of a US$250 million manufacturing park joint venture for new economy infrastructure (“JV Platform”) with DJ New Ease Group. The JV Platform will focus on the development and operation of modern manufacturing parks in China’s core economic hubs
- Advised certain affiliates of Bain Capital on the US$3.16 billion take-private of Chindata Group Holdings Limited (NASDAQ: CD), a leading carrier-neutral hyperscale data center solution provider in Asia-Pacific emerging markets. This transaction was named “Best Private Equity Deal - China Offshore” by FinanceAsia Achievement Awards 2023, “Deals of the Year 2023” by China Business Law Journal and “Private Equity Deal of the Year” by IFLR Asia-Pacific Awards 2024
- Advised an investor consortium on its acquisition and development of Subway’s China business, which operates the quick-service-restaurant business in mainland China under the master franchise granted by the SUBWAY® brand owner. It is the largest master franchise in Subway history and reportedly one of the largest across the global quick-service-restaurant industry. This transaction was named “Deals of the Year 2023” by China Business Law Journal
- Advised Bain Capital on its acquisition of Porus Labs, a leading manufacturer of agricultural and specialty chemicals based in India
- Advised Asia Innovations Group Limited (ASIG), a leading mobile social company across emerging markets, on its proposed business combination with Magnum Opus Acquisition Limited (NYSE: OPA), a special purpose acquisition company. The business combination, which provides for an equity valuation of $2.5 billion for the combined company. This transaction was named “Deals of the Year 2022” by China Business Law Journal
- Represented Bain Capital on its approximate US$485 million acquisition of a 24.98% stake in IIFL Wealth Management (NSE: IIFLWAM), a company listed on the National Stock Exchange of India, from General Atlantic and Fairfax Financial. IIFL Wealth Management is one of the largest and fastest growing wealth and asset management firms in India
- Represented Poema Global Holdings Corp. (NASDAQ: PPGH), a special purpose acquisition company affiliated with Princeville Capital, on its business combination with Gogoro Inc., a global technology leader in battery swapping ecosystems that enable sustainable mobility solutions for cities
- Represented Bullish, a technology company focused on developing financial services for the digital assets sector, on its proposed agreement to go public on the New York Stock Exchange through a merger with Far Peak Acquisition Corporation (NYSE: FPAC), a special purpose acquisition company, for approximately US$9 billion
Internal and Government Investigations
- Conducted internal investigations for numerous multinational companies in multiple industries, including pharmaceutical, medical device, automotive, advisory and consulting, and telecommunication, regarding the FCPA and Chinese anti-bribery issues
- Represented FCPA internal investigations for a leading global pharmaceutical company relating to its China business during a period in which the company was under a DOJ/SEC self-reporting obligation
- Advised multinational pharmaceutical and healthcare companies on internal investigations related to various issues including embezzlement, sales data manipulation, self-dealing, product registration, sponsorships and grants, third party and distributor misconduct
- Conducted an internal antitrust investigation on behalf of a Fortune 500 U.S. automotive supplier with respect to its operation in China in connection with a DOJ global investigation concerning multiple automotive suppliers
- Represented a China-based agricultural company in an investigation brought by the U.S. Securities and Exchange Commission (SEC) relating to accounting and FCPA issues
- Represented the Audit Committee of a U.S. listed Chinese peer-to-peer lending company in response to short-seller allegations related to accounting fraud and other misconduct
- Represented the Audit Committee of a U.S. listed Chinese insurance company in response to short-seller allegations in relation to insider dealing, undisclosed related party transactions and other misconduct
- Represented the Audit Committee of a Hong Kong listed Chinese live streaming platform in response to whistleblower complaint to its China-based business
- Advised companies on responding to Chinese government investigations, including by the Administration of Industry and Commerce (AIC), the Ministry of Public Security (MPS/PSB), the Customs, and environment protection bureaus concerning potential Chinese law violations
- Advising a U.S. healthcare company on responding to the audit being carried out by China’s Ministry of Finance
Compliance Counseling
Anti-corruption
- Advising a variety of companies on compliance with the FCPA and China’s anti-corruption laws
- Advising private equity funds on anti-corruption due diligence matters
- Assisting companies in multiple industries with developing and implementing compliance policies and programs
- Represented a leading healthcare company to conduct a compliance effectiveness review concerning all aspects of the company’s operations
Antitrust
- Advising multinational companies on various antitrust issues
- Assisting companies with devising and rolling out antitrust related compliance policies
Cybersecurity and Data Privacy
- Assisted a major Chinese bike sharing company with its efforts to comply with cybersecurity and data privacy requirements in various countries (particularly, the EU and the United States)
- Assisting a multinational healthcare company with conducting cybersecurity risk assessment and implementing remediation measures
- Advising companies from a broad array of industries in connection with compliance with legal requirements relating to cybersecurity and data privacy
- Assisted a Big Four accounting firm with updating privacy languages for employment use in its effort to comply with China’s cybersecurity and data privacy requirements
- Advised a multinational pharmaceutical company on responding to a potential data breach incident in China
Dispute Resolution
- Advising a leading Chinese solar panel manufacturer in defending a high-profile anti-trust lawsuit in the U.S.
- Represented a world-renown engine manufacturer in a ship building disputes in the PRC Supreme People’s Court
- Represented a German company in CIETAC arbitration and series lawsuits related to joint venture disputes
- Represented an industrial property development and management company in CIETAC arbitration in lease agreement dispute
- Represented a world-renown chemical manufacturing company in a product liability dispute
- Represented a Chinese local government in an investment dispute
- Advising multiple international companies on employment issues
More
Thought Leadership
Publications
Co-author, “Newly Released Draft Measures on Data Security Management Strengthen China’s Data Protection Framework,” Mondaq, July 2019.
Co-author, "Anti-corruption due diligence in cross-border transactions", Thomson Reuters, March 19, 2019.
Co-author, “Commercial Bribery under China’s Recently Amended Anti-unfair Competition Law,” Risk & Compliance Magazine, April–June 2018.
Co-author, “China’s National Development and Reform Commission Signals Three Major Trends in Anti-Monopoly Law Enforcement in Latest Penalty Decisions,” Kirkland & Ellis Alert, January 2016.
Contribution to a chapter in the book “A Practical Guide: Anti-corruption Compliance in China,” CCH, July 2014.
Recognition
“A-List Rising Star (International),” China Business Law Journal (2023–2024)
“Next Generation Partner,” Dispute Resolution Litigation: Foreign Firms – China, Legal 500 Asia Pacific (2024)
“Rising Star,” Regulatory/Compliance: Foreign Firms – China, Legal 500 Asia Pacific (2023–2024)
Credentials
Admissions & Qualifications
- 2013, People's Republic of China (non-practising)
- 2012, New York
Languages
- English
- Mandarin
Education
- New York University School of LawLL.M.2011
- East China University of Political Science and LawLL.B.2010