Mimi Yang is a partner of Ropes & Gray LLP, and a Senior Foreign Legal Consultant in the Hong Kong office. Mimi has extensive experience in private securities litigation, U.S. DOJ and SEC enforcement matters, and internal investigations. In this context, she has represented companies, board committees, and individual officers and directors, and has conducted numerous internal corporate investigations and due diligence matters involving complex accounting and disclosure issues, whistleblower claims, and potential violations of the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. She has designed and implemented compliance programs for multiple Fortune 500 companies, and advised clients on issues such as anti-corruption, sanctions, anti-money laundering, data privacy and cybersecurity. Clients rely upon her knowledge of local culture and her native bilingual language skills to guide them through the challenges of doing business in China and Asia more broadly.
In addition to enforcement and compliance matters, Mimi has also represented and defended a number of well-known Chinese clients in complex commercial litigation. She has represented China’s largest television manufacturer, China’s first investment bank, the largest producer of traditional Chinese medicine, and various U.S. businesses with a China presence, both in state and federal courts.
Mimi has won numerous individual awards, including recently being named to Global Investigations Review’s “40 Under 40” 2017 list, and named as “Young Lawyer of the Year” for 2017 at ALB’s Hong Kong Law Awards. Prior to joining Ropes & Gray, Mimi practiced litigation, particularly in the enforcement context, in the U.S. for over nine years.
- Represented a leading technology company in DOJ/SEC FCPA investigations relating to conduct in China, resulting in the first-ever public declination by the DOJ under the FCPA Pilot Program and a rare Non-Prosecution Agreement with the SEC.
- Lead counsel to perfume and flavor company in evaluating and assessing its overall global compliance program, including conducting trainings of its personnel in Europe, Latin America, China, and Southeast Asia.
- Co-lead counsel to Special Committee of the Board of Directors of a leading Chinese e-commerce retailer regarding allegations of improper revenue recognition and other accounting-related misconduct.
- Led internal investigation for global enterprise security company into revenue recognition and other accounting issues in Korea.
- Designed and implemented global compliance programs for public companies, private entities, and private equity portfolio companies, particularly those with a presence in Asia, including enhancing internal monitoring and control mechanisms.
- Lead counsel to multiple life sciences and healthcare clients (including Fortune 100 companies) in various internal and government-facing investigations related to anti-corruption, off-label promotion, clinical studies, bid-rigging, revenue recognition, and various other types of employee misconduct in China, Vietnam, Malaysia, Korea, Indonesia, and Taiwan.
- Represented multiple Fortune 500 multinational technology, retail and other clients and conglomerates in internal and government-facing investigations related to anti-corruption, anti-money laundering, and sanctions issues across Asia-Pacific region.
- Conducted anti-corruption, anti-money laundering, and sanctions due diligence in connection with private equity and other investments in China.
- Led numerous compliance risk assessments for various multinational companies in the life sciences, healthcare, technology and retail industries.
- Represented multiple multinational companies and private equity portfolio companies in conducting dozens of compliance trainings of personnel in China, both in Mandarin Chinese and English.
- Represented officers and directors of Chinese and multinational companies in internal and SEC investigations involving accounting fraud, stock options back-dating issues, and other securities fraud issues.
The following transactions were completed prior to joining Ropes & Gray:
- Former Outside Directors of Countrywide Financial Corporation. Represented eleven former outside directors of Countrywide Financial Corporation in state and federal class action lawsuits relating to allegations of false or misleading disclosures in SEC filings.
- Beijing Tong Ren Tang. Successfully obtained a preliminary injunction for Beijing Tong Ren Tang (the largest producer of traditional Chinese medicine) in a trademark infringement and breach of contract action.
- Sichuan Changhong Electric Co., Ltd. Obtained favorable settlement for Sichuan Changhong Electric Co. (China’s largest television manufacturer) in a $400 million breach of contract action.
- China International Capital Corp. (Hong Kong) Ltd. Successfully defended China’s largest investment bank, China International Capital Corp. (Hong Kong) Ltd. (“CICC”), in a securities fraud action alleging $100 million in damages. After two years of litigation, the case was dismissed, with prejudice, with no payment from CICC.
- Co-author, “Distributors Expose Health, Life Science Companies To FCPA Risks,” Law360 (August 14, 2018)
- Co-author, “Global Healthcare Compliance: Developments and Trends in Korea’s Anti-Corruption Regulatory Regime,” The Anti-Corruption Report (June 13, 2018)
- Co-author, “What Companies Need to Know About China’s New Market Regulator,” Law360 (April 12, 2018)
- Co-author, “Global Health Care Compliance: Spotlight On Korea,” Law360 (April 2, 2018)
- Quoted, “China’s New Tack on Corruption Adds Risks for Foreign Firms,” The Wall Street Journal (January 11, 2018)
- Quoted, “The Morning Risk Report: Chinese Law Bolsters Anti-Bribery Rules,” The Wall Street Journal (November 13, 2017)
- Quoted, “China, Brazil and Russia named by healthcare companies as the riskiest markets for compliance and regulation,” International Pharmaceutical Industry (October 23, 2017)
- Featured, “40 Under 40 2017: Mimi Yang,” Global Investigations Review (September 5, 2017)
- Co-author, “Justice Department Moves to Bolster Subpoena Powers for Foreign Bank Records,” Bloomberg BNA’s Corporate on Bloomberg Law (July 3, 2017)
- Quoted, “Eagle Eyes: Just how receptive are U.S. capital markets to Chinese issuers?” China Business Law Journal (September 2016)
- Quoted, “Akamai, Nortek settle China bribe cases with SEC non-prosecution agreements,” The FCPA Blog (June 7, 2016)
- Co-Author, Chambers Legal Practice Guide: China Life Sciences (2015)
- Quoted, “Chinese anti-corruption crackdown undergoes ‘major shift,’” Global Investigations Review (October 21, 2015)
- Quoted, “Decline in Securities Litigation Against U.S.-listed Chinese Companies,” Corporate Counsel (January 30, 2013)
- Anton Ware and Mimi Yang, “Defending Criminal Prosecutions: Elements and Legal Landscape of Criminal Offenses Charged Against Non-Citizen Criminal Defendants,” Training Materials for Office of Defender Services (September 2008)
- Speaker, “Think Globally, Act Locally: Globalizing Your Compliance Program - Balancing Global Operations and Local Controls,” Ropes & Gray and FRONTEO Joint Seminar in Tokyo (February 2018)
- Speaker, “Developments in International Anti-Corruption Law – The FCPA Pilot Program and Recent Enforcement Trends in China,” Ropes & Gray and Epiq Systems Joint Seminar in Tokyo (October 2017)
- Keynote speaker and moderator, “Recent Developments in the International Anti-Corruption Enforcement Landscape” and “Power of the Past, Strength of the Future: Fraud Awareness, Prevention & Detention,” European Chamber of Commerce Compliance Conference, Shanghai (September 2017)
- Speaker, “Developments in International Anti-Corruption Law – Recent Enforcement Trends and Common Risk Areas in Doing Business in China,” Ropes & Gray and FRONTEO Seminar in Osaka (June 2017)
- Panelist, “The FCPA Pilot Program and considerations in evaluating voluntary self-disclosure” Ropes & Gray Medical Device Roundtable (May 2017)
- Panelist, “FCPA Pilot Program: The Value of Self-disclosure” Ropes & Gray Roundtable in conjunction with Chambers, Shanghai (May 2017)
- Panelist, “Anti-Corruption: Global Enforcement Trends and Managing eDiscovery in Investigation” Innoxcell Annual Symposium, Hong Kong (April 2017)
- Speaker, “Developments in International Anti-Corruption Law – Recent Enforcement Trends and Common Risk Areas in Doing Business in China,” Ropes & Gray and FRONTEO Seminar, Tokyo (February 2017)
- Panelist, “Managing and Investigating Corruption Risks for In-House Legal and Compliance Executives: How to Take Advantage of Proactive Risk Assessment and eDiscovery in China” Epiq and Ropes & Gray Roundtable (October 2016)
- Speaker, “Mitigating Complex and Hidden Risks in Sponsorship and Donation Activities” American Conference Institute’s 9th China Forum on Anti-Corruption (June 2016)
- Presenter, “Doing Business in China: Key Considerations for Life Science Companies,” Presentation to biotechnology companies in Korea (March 2016)
- Presenter, “Doing Business in China: Risks to Companies with Operations in the U.S.,” Presentation to members of In-House Counsel Forum in Korea (March 2016)
- Speaker, “Developments in International Anti-Corruption Law - Recent Enforcement Trends and Common Risk Areas in China” Ropes & Gray Tokyo Morning Briefing (March 2016)
- Speaker, “Developments in International Anti-Corruption Law—Recent Enforcement Trends and Common Risk Areas in China,” Legal Risk-Management Institute Seminar, Tokyo (January 2016)
- Speaker, “CHINA – Individual and Corporate Liability Risks: Status Report on Enforcement of Chinese Pricing, Competition and Anti-Corruption Laws”, American Conference Institute’s 32nd International Conference on the Foreign Corrupt Practices Act, Washington, DC (November 19, 2015)
- Panelist, “Compliance: Navigating Commercial Pressures and Global Enforcement,” Chambers and Partners General Counsel Seminar in association with Ropes & Gray, Hong Kong (November 2015)
- Presenter, “Operations of the U.S. SEC Enforcement Arm, Presentation to the Chinese Securities Regulatory Commission Enforcement Branch,” Shanghai (October 2015)
- Speaker, “Who Qualifies as a Whistleblower, Legal Protections, and Essential Steps When a Report Is Filed,” EthiXbase Podcast (June 2015)
- Speaker, “Anti-Bribery and Corruption Implications of Increased FDI to China,” EthiXbase Podcast (June 2015)
- Presenter, “Practical Review of Complex Whistleblower Issues in China: Who Qualifies as a Whistleblower, Legal Protections and Essential Steps when a Report is File,” American Conference Institute’s China Anti-Corruption Forum, Shanghai (June 2015)
- Panelist, “Effectively Conducting Internal Bribery Investigations in China,” ALB China Anti-Corruption Forum, Shanghai (May 2015)
- Presenter, “SEC’s Recent Priorities Relevant to Pharmaceutical and Medical Device Companies,” Ropes & Gray Medical Device Roundtable (April 2015)
- Moderator, “Anti-Corruption Risks and Best Practices,” Ropes & Gray Medical Device Roundtable (April 2014)
- Moderator, “Differences in U.S. and China-based Litigation,” American Bar Association’s “An Afternoon of Hot Topics” Conference (September 2013)
- Presenter, “Private Securities Actions in the United States,” China Securities Regulatory Commission, Sichuan Regulatory Bureau Seminar – 100 Speaker Series (May 2013)
- Presenter, “FCPA Compliance and Key M&A Considerations,” Biotech and Pharma M&A Conference (April 2013)
- Presenter, “Navigating the FCPA ‘Resource Guide’: Enforcement Trends and Compliance Tips,” Ropes & Gray Webinar (December 2012)
- Speaker, The Second Asia Pacific Pharmaceutical Compliance Congress - Best Practices Forum (2012)