Edward Lehman

Biography

Edward Lehman is the Managing Director of Lehman, Lee & Xu in China where he specializes in the legal aspects of doing business in China. He advises foreign companies on joint ventures, wholly-owned subsidiaries and holding companies, technology licensing, engineering and construction projects, and the financing of such projects, as well as the protection of intellectual property rights in transactions and projects in China. In practice for over 20 years, Edward has advised on a wide variety of China projects ranging from cars to pharmaceuticals to power plants and websites.

Attorney Edward E. Lehman has advised international clients in all major economic sectors on investment, trade and dispute resolution matters in China since 1987. He is the longest serving foreign lawyer with Chinese legal firms (since 1989). Mr. Lehman is one of the best known "China-hands" after 16 years in Beijing and Shanghai, in association with major international and Chinese firms, he along with Chinese nationals established LEHMAN, LEE & XU one of China's leading full service professional service firms with six offices throughout greater China. He has been selected by his peers as one of the best advisers in China Banking, Intellectual Property, Finance, Foreign Direct Investment and Infrastructure and Corporate Commercial.

Mr. Lehman has a keen interest in the education and development of legal scholars in China and abroad. He is currently affiliated with the China University of Politics and Law (CUPL), China Academy of Social Sciences (CASS), Xavier University, Georgetown University, American University, and is an associate professor of law at Macau University of Science and Technology (LL.M. program).

Edward E. Lehman is a Qualified Patent & Trademark Agent in Hong Kong, China, and Macau.

Practice Area 

Edward Lehman specializes in legal and commercial advice relating to direct investment, structuring of complex commercial transactions, technology licensing and intellectual property in the People's Republic of China.

Edward E. Lehman has had over sixteen years of experience (three in Shanghai and thirteen based in Beijing) in advising multinational corporations on legal and commercial aspects of investing and doing business in China, including direct investment in joint ventures, wholly foreign-owned enterprises and holding companies, technology transfers, licensing, intellectual property matters, regulatory matters, finance and taxation.

EXPERIENCE

• Direct Investments: Joint Ventures and Wholly Foreign-owned Enterprises

1. Assisting clients in connection with the establishment of over 100 joint ventures and wholly foreign-owned enterprises in a broad range of industries and services, including telecommunications, computers and software, automotive, aviation, energy, pharmaceuticals, cosmetics and chemicals, machinery, instrumentation, consumer and food products, entertainment, banking and leasing.
2. Advising on investment strategies and structuring and preparing and negotiating contracts and other documentation relating to the establishment and operations of enterprises.
3. Advising clients on issues relating to existing investment enterprises, including "buy-out" conversions of joint ventures into wholly foreign-owned enterprises, "buy-ins" (adding new investors), restructuring of existing enterprises under an "umbrella" corporation, capital restructuring, dissolutions, and formal and informal dispute resolution.

• Technology Transfers, Licensing and Intellectual Property

1. Representing SUN Microsystems, GSK, Novartis, Aventis, Founder and other multinational high technology, pharmaceutical and intellectual property intensive operations on all aspects of establishing and continuing commercial operations in China.
2. Advising on technology transfers and licensing both within the context of joint ventures and as independent transactions.
3. Counseling clients on royalty structures and assisting with the development of methods for protecting proprietary technologies and information being licensed.
4. Assisting clients on formulating and implementing strategies for protecting trademarks, patents, copyrights, trade names and trade secrets and in coordinating administrative and litigious enforcement actions against infringers and counterfeiters.

• Telecommunications

1. Advising on the structuring of and assistance with the establishment of telecommunications joint ventures.
2. Advising multinational clients on trade, investment and regulatory matters relating to satellite services, programming and the cable TV industry.

• Real Estate

1. Advising clients regarding commercial, hotel and residential property development
2. Advising Homeowners on their rights and responsibilities
3. Advising on the acquisition, transfer, lease and mortgage of land, land use rights and related environmental protection issues

• Banking and Finance

1. Advising clients on trade finance
2. Advising Banks on assistance with Chinese banking regulator People's Bank of China
3. Assisting clients in preparing and negotiating loan documentation and letters of guarantee
4. Advising banking clients on matters relating to the establishment of bank representative offices and branches.

• Taxation and Regulatory Matters

1. Assisting clients with tax planning and advising on the tax consequences of commercial transactions and business activities
2. Advising clients on regulatory matters relating to specific industries including the aviation, automotive, telecommunications, pharmaceutical, pharmaceutical, banking and insurance industries.

Education & Expierence

Mr. Lehman was admitted to bar in the United States in Illinois (1986); Illinois Supreme Court (1986); U.S. District Court, Northern District of Illinois Trial Bar (1986); U.S. Court of Appeals, Seventh Circuit (1986); China, visiting foreign lawyer/foreign legal expert (1987 - present); United States Court of International Trade (2006); United States Court of Appeals for the Armed Forces (2006); United States District Court for the Eastern District of Wisconsin (2006); United States Tax Court (2006);United States Supreme Court (2007). Education: A graduate of DePauw University BS 1982, University of Notre Dame College of Law, Concannon Program of International Law, London, England, International Law Certificate, (1985); Loyola University of Chicago, Juris Doctor (1986). Legal Advisor: Foreign Research-based Pharmaceutical Industry Association "FRPIA" (1996-present), China International Franchisors Association "CIFA" (1996-present), China Chainstore and Franchise Association "CCFA" (1997-present); Vice Chair, American Bar Association "ABA", China Committee (2001-present); Member, New York State Bar Association; Member, Illinois State Bar Association; Member, American Bar Association; Member, Hong Kong Intellectual Property Society (2006-present); Member, National Association of Patent Practitioners; Member, Young Presidents Organization (2006-present); Member, Executive Committee of the Institute for Law & Technology at the Center for International & American Law; Alumni, World Bank Institute (2006). Languages: English, Chinese (Mandarin).

• Appointed legal counsel to the Embassy of the United State of America to China (Labor Law matters).
• Appointed legal counsel to the Embassy of the United State of America Diplomatic Mission to Shenyang, China (Real Estate issues).
• Appointed legal counsel to the Diplomatic Mission for the Republic of Israel to China.
• Appointed legal counsel to the Diplomatic Mission of the Republic of South Africa to China.
• Counsel to various foreign parties before China Customs in regard to customs audits and investigations, penalty proceedings and general customs compliance issues.
• Counsel to China parties and other Asia-based entities in antidumping cases before US government agencies.
• Counsel to parties with regard to World Trade Organization compliance-related issues including the development of strategies for raising non-compliance issues to the China government.
• Counsel to China companies in litigation matters before various state and federal courts in the United States.
• Counsel to foreign parties in arbitration before various arbitral institutions including the China International Economic and Trade Arbitration Commission, the International Court of Arbitration of the International Chamber of Commerce, Beijing Arbitration Commission and others.
• Counsel to Association of Chinese and Mongolian International Schools.
  Special topics lecturer for the following universities: China University of Politics and Law, Xavier University, and China Academy of Social Sciences.
  Associate professor of law at Macau University of Science and Technology (LL.M. program).

Awards

• Asialaw Leading Lawyer, Intellectual Property, 2008
• Asialaw Leading Lawer, Corporate Governance, 2008
• Asialaw Leading Lawer, Capital Markets/Corporate Finance, 2008
• Asialaw Leading Lawer, Insurance/Reinsurance, 2008
• Asialaw Leading Lawer, Competition/Anti-Trust, 2008
• Asialaw Leading Lawer, Construction & Property, 2008
• Asialaw Leading Lawer, Labour & Employment, 2008
• Named Who's Who of Franchise Lawyers, 2008
• Asialaw Leading Lawyer, Intellectual Property, 2007
• Named Who's Who of Franchise Lawyers, 2006
• Recommended as an expert in IP practice in PLC Cross-border Corporate Intellectual Property Handbook, 2005
• Named Who's Who of International Trademark Lawyers, 2004
• Named Who's Who of Banking Lawyers, 2004
• Named as Asian Law & Practice's Best PRC Banking LawyerListed in the World's Leading Lawyers 2000-2004
• Listed in Top 500 Lawyers, Asia Pacific Legal

 Authored Works

Attorney Edward E. Lehman has advised international clients in all major economic sectors on investment, trade and dispute resolution matters in China since 1987. He is the longest serving foreign lawyer with Chinese legal firms (since 1989). Mr. Lehman is one of the best known "China-hands" after 16 years in Beijing and Shanghai, in association with major international and Chinese firms, he along with Chinese nationals established LEHMAN, LEE & XU one of China's leading full service professional service firms with six offices throughout greater China. He has been selected by his peers as one of the best advisers in China Banking, Intellectual Property, Finance, Foreign Direct Investment and Infrastructure and Corporate Commercial.

• Fordham University Law Review
• Book on Franchising
• CCH Author on China Taxation
• Kinsella Guide Author For Macau Intellectual Property
• Kinsella Guide for China IP