Tiana Zhang
Overview
Tiana is “best known for handling internal policy reviews, audit and government-led investigations, and matters relating to financial crime.” Clients highlighted Tiana’s ability to “turn a complex situation into manageable and well-planned steps.” - Chambers Greater China 2023
Tiana Zhang is a litigation partner in the Shanghai office of Kirkland & Ellis International LLP where she advises clients on complex cross-border investigations, disputes and crisis management arising from their business in China and the United States.
She has advised numerous multi-national and Chinese global companies on a wide array of high-stakes matters relating to accounting fraud, securities law compliance, anti-corruption, trade secret, antitrust, data privacy and U.S. trade control issues. She has extensive experience handling cross-border investigations and parallel lawsuits involving multiple jurisdictions and helping clients navigate challenging and delicate circumstances.
Tiana is one of a very small number of attorneys who have an intimate understanding of law and culture in both U.S. and China; extensive investigation and litigation experience in both jurisdictions; and a strong track record of handling complicated legal and compliance issues in various forums in both countries. Recognized for her impressive experience in handling complicated cross-border investigations and litigation, Tiana was selected as one of the five “Top Attorneys under 40” for White Collar by Law360 in 2017, one of the most well-respected recognition for attorneys under 40 in the United States.
In Chambers Greater China, Chambers Asia-Pacific and Chambers Global Guides, Tiana was recognized as one of the leading lawyers for China Corporate Investigations/Anti-Corruption. Chambers Asia-Pacific and Chambers Global singled Tiana out for “her ability to provide sound advice on Chinese matters”, and praised her for “good communication and interpersonal skills”. Clients considered Tiana as “impeccable” as she “is available at all hours and responds with targeted, focused answers” while “understanding business and demonstrating strong leadership to handle difficult situations calmly and strategically”. Tiana’s ability to “turn a complex situation into manageable and well-planned steps” is also highlighted by clients in Chambers Greater China 2023. She has been named as a “Leading Individual” for China Regulatory and Compliance in 2018–2024 and for China Dispute Resolution in 2020–2024 by Legal 500 Asia Pacific. She is also recognized as “Leading Lawyer of the Year” in the Legal 500 China Awards 2023.
Tiana was listed in the 2021 and 2022 editions of China Business Law Journal’s A-List that recognized her as one of the top foreign firm lawyers for China-related business. Tiana was recognized as “Litigation Star” in White Collar Crime by Benchmark Litigation Asia-Pacific 2024. She was also recommended as one of the “Future Leaders” in Investigations by Who’s Who Legal 2022.
Experience
Representative Matters
Internal Investigations
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Advising companies from a broad array of industries in connection with internal investigations regarding anticorruption law violations, anti-trust law issues, securities fraud, breaches of business ethics and various other internal control issues.
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Advising publicly-traded companies’ boards of directors, audit committees, and special committees of the board, with regard to securities disclosure and accounting concerns and other compliance, enforcement or regulatory matters.
Responding to Chinese Government Investigations
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Advising companies in response to Chinese government authorities’ questions and investigations relating to commercial bribery, unfair competition and anti-trust issues.
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Antitrust: Advising US companies in multiple industries, including automotive and pharmaceutical, on responding to Chinese government antitrust investigations, including with regard to self-disclosure to the National Development and Reform Commission (NDRC), potential penalties, potential implications outside of China, and compliance.
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Anti-corruption: Advising numerous multi-national companies in multiple industries, including pharmaceutical, medical device, and infrastructure/engineering with regard to responding to Chinese government investigations, including by the Administration of Industry and Commerce (AIC), the State Food and Drug Administration (SFDA), and the Ministry of Public Security (MPS/PSB), concerning allegations of commercial or public corruption.
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Monitorship and Self-Reporting
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Advising a U.S. tobacco company doing business in China and other regions with regards to an oversight by a compliance monitor on its China business, including implementation of compliance policies and procedures, assessment of compliance risks, and responding to the monitor’s other requests.
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Advising U.S. pharmaceutical companies with regard to self-reporting obligations arising from FCPA settlements with the Department of Justice/ SEC.
Compliance Programs and Training
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Advising a wide variety of entities, including publicly-traded companies, investment vehicles and private equity funds with regard to assessing regulatory risks associated with their China business, devising anti-corruption, anti-money laundering and other compliance programs and working with local business to roll out compliance programs.
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Providing anti-corruption, securities regulation, anti-trust and other compliance training to various companies’ employees in China.
Dispute Resolution
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Represented clients, varying from multi-national companies to individuals, in cross-border litigation, advising them on unique strategic and legal issues in cross-border lawsuits, including service of process, forum non conveniens and jurisdiction dispute issues.
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Advising a leading Chinese solar panel manufacturer in defending a high-profile anti-trust lawsuit in the U.S.
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Representing ConocoPhillips in defending a lawsuit filed in a Texas federal court by Chinese fishermen who sought compensations from an oil spill in Chinese territorial waters.
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Represented a world leading tire and rubber company in defending a mass tort case involving claims for wrongful deaths, personal injuries and property damages allegedly caused by underground water pollution, which resulted in winning a very favorable settlement for the client.
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Represented multiple American and Canadian companies in defending product liability lawsuits in Californian courts that involved wrongful death and personal injury claims.
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Represented a leading internet user review website defending internet libel cases and successfully had claims for damages dismissed and requests for documents quashed in many cases.
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Represented eBay in consumer dispute lawsuits in multiple jurisdictions within the United States and successfully won dismissals or favorable settlements in multiple cases.
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Represented multiple companies, including U.S. and Chinese companies, in defending complicated commercial contract disputes, real estate titles disputes and employment disputes in California federal and state courts.
More
Thought Leadership
Publications
"Newly Released Draft Measures on Data Security Management Strengthen China’s Data Protection Framework," Pratt's Privacy & Cybersecurity Law Report, November–December 2019
"Shifting U.S. Enforcement Priorities—Should Chinese Companies be Worried?" Bloomberg Law, 17 June 2019
"Anti-corruption due diligence in cross-border transactions," Thomson Reuters, 19 March 2019
“China’s Second Draft Cybersecurity Law’s Expands Data Localization Requirement,” Legaltech News, 19 September 2016
Recognition
“Litigation Star,” White Collar Crime, Benchmark Litigation Asia-Pacific (2020–2024)
Leading Lawyer, Corporate Investigations/Anti-corruption (International Firms) – China, Chambers Greater China (2022–2024), Chambers Global (2022–2024), Chambers Asia-Pacific (2020–2021)
“A-List Growth Drivers (International)”, China Business Law Journal (2023–2024)
“Leading Individual”, Dispute Resolution: Foreign Firms – China, Legal 500 (2020–2024)
“Leading Individual”, Regulatory/Compliance: Foreign Firms – China, Legal 500 (2018–2024)
“Lawdragon 500 Leading Global Litigators”, International Litigation, esp. Investigations, Lawdragon (2023–2024)
“Leading Lawyer of the Year”, Legal 500 China Awards (2023)
“A-List China’s Elite Lawyers (Foreign Firms)”, China Business Law Journal (2022)
Investigations – Future Leaders – Partners, Who’s Who Legal (2022)
“A-List China’s Elite 100 Lawyers (Foreign Firms)”, China Business Law Journal (2021)
“Future Star”, White Collar Crime, Benchmark Litigation Asia-Pacific (2021)
“Up and Coming”, Corporate Investigations/Anti-corruption – China, Chambers Asia-Pacific (2017–2019)
Credentials
Admissions & Qualifications
- 2008, California
- 2006, People’s Republic of China (non-practising)
Courts
- United States District Court for the Northern District of California
- United States District Court for the Eastern District of California
- United States Court of Appeals for the Ninth Circuit
Languages
- English
- Mandarin
Education
- University of Texas at Austin School of LawJ.D.2007
- Georgetown UniversityM.A.2004
- Foreign Affairs College, Beijing, ChinaBachelor of Laws2001