John Tan

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China Auditor Update: SEC and Chinese Audit Firms “Settle” for the Status Quo

In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers relating to several U.S.-listed Chinese companies. As we wrote earlier here, the Chinese affiliates of the audit firms had … Continue Reading

Indonesia’s Presidential Elections Dispute and Idul Fitri 2014 – Are You and Your Company Prepared?

On July 9, within just a few hours of the polls closing in the tightly contested presidential election in the world’s third-largest democracy – the Republic of Indonesia – the only two contestants running had claimed victory. Nearly 200 million people in the world’s fourth-largest country had turned out to vote for either the current … Continue Reading

China Auditor Update: SEC To Hear Appeal of Decision Barring Chinese Auditors

The Securities and Exchange Commission recently indicated that it would review, de novo, the January 2014 decision barring the Chinese affiliates of the “Big Four” accounting firms from appearing before the SEC.  The Commission’s Order, found here, also granted both parties’ motions to submit additional evidence for consideration – most significantly, the auditors’ evidence that … Continue Reading

China Auditor Update: After Round One – SEC 1, Auditors 0

  In the first blow to land in the long running dispute between U.S. regulators and the accounting firms that certify the financial statements of China-based companies listed on U.S. exchanges, yesterday an Administrative Law Judge at the Securities and Exchange Commission (“SEC”) issued a decision barring the Chinese affiliates of the “Big Four” accounting … Continue Reading

Beijing MOH Launches Medical Device Sector Investigation

This post was also written by Crystal Xu. China has been undergoing a significant regulatory crackdown on its life sciences industry over the past several months, primarily in the pharmaceutical and infant formula sectors. The focus of these enforcement actions may now have spread to the medical device sector. On August 15, 2013, the local … Continue Reading

The U.S. Has a New MOU with Securities Regulators in China: Real Change or Just Déjà vu?

The Securities and Exchange Commission’s (“SEC”) power to obtain documents from U.S. companies and their auditors is a key component of its mandate to protect the marketplace from fraud. But what happens when the exercise of that power conflicts with the civil and criminal laws of another country? In the case of the SEC seeking … Continue Reading

People’s Republic of China (PRC) Implements Significant Penalties for Commercial Bribery in Recently Issued Trial Regulations on Centralized Procurement of Medical Consumables

This post was also written by Christine Liu and Gordon Schatz. China’s Ministry of Health, along with five other government agencies, issued Trial Regulations on Centralized Procurement of High-Value Consumable Medical Supplies on December 17, 2012. These regulations went into effect immediately upon issuance and contain procedures for the centralized purchasing of a wide range … Continue Reading

Securities and Exchange Commission (“SEC”) Charges Chinese Affiliates of Five Large Accounting Firms for Failing to Produce Work Papers

This post was also written by Terence Healy. Yesterday, the SEC instituted administrative proceedings against the Chinese affiliates of the “Big Four” accounting firms and BDO related to audits they conducted at nine Chinese companies. At issue is the accounting firms’ “willful refusal” to provide audit work papers and other materials the Commission seeks in its … Continue Reading

SEC and DOJ Release Long Awaited FCPA Guidance

This post was also written by Francisca M. Mok. On November 14, the Securities and Exchange Commission and Department of Justice released their long-awaited guidance titled, A Resource Guide to the U.S. Foreign Corrupt Practices Act. According to the government’s press release, the 120-page guide “provides a detailed analysis of the U.S. Foreign Corrupt Practices … Continue Reading
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