Antitrust & Competition

Ken specializes in merger filing, antitrust investigation, antitrust compliance, and private antitrust litigation. He has been one of the first lawyers who practise antitrust law in China since 2007 and has over 17 years of practical experience in this area. He provides a full range of antitrust legal services for many multinational corporations and large-scale domestic enterprises, including without limitation: (1) preparing and submitting domestic and global merger filing; (2) applying and responding to national security review; (3) providing antitrust counselling and establishing compliance system; (4) responding to antitrust administrative investigations; (5) initiating and responding to antitrust civil litigation; (6) providing legal services regarding issues at the intersection of intellectual property and antitrust; and (7) providing legal services regarding antitrust issues in the field of big data. Ken also has in-depth understanding and extensive practical experience in antitrust and competition law issues in related industries, mainly including life sciences, automotive industry (including spare parts), high-tech, FMCG, and chemical industry.

Data Protection & Privacy, and Cybersecurity

Ken Dai is one of the pioneering lawyers practicing law in the areas of data protection & privacy, and cybersecurity in mainland China. He has started to render legal services for a number of multinational corporations and large domestic enterprises in respect of the application and enforcement policies of data and privacy laws since 2012, including without limitation: (1) advising on evaluating the feasibility of business models from the perspective of data compliance; (2) assisting companies in establishing comprehensive data compliance systems; (3) assisting companies in handling the regulatory procedures concerning cross-border data transfer (including security assessment and notification, SCC filings and applying for certification); (4) advising on legislative and enforcement developments in China and other major jurisdictions; (5) providing legal advice on other legal issues related to data localization; (6) advising on data protection issues in the scenarios of cross-border litigations and investigations; (7) providing legal advice on data and privacy protection in human resources management; (8) providing due diligence and auditing on data and privacy protection for mergers & acquisitions; (9) handling the data breaches or security incidents and conducting crisis management; (10) advising on the legal issues of big data and competition; (11) providing one-stop legal services on data protection issues related to Chinese companies’ overseas investments and operations, including but not limited to GDPR and CCPA.

Ken did act as the Data Protection Office of Dacheng Shanghai from 2018 to 2020.

Compliance & Investigation

Ken has been providing legal services to a number of large companies in the field of compliance & investigation. Ken provides a full range of anti-bribery and anti-corruption legal services to commercial enterprises operating in China, including without limitation: (1) advising on anti-bribery and anti-corruption compliance; (2) assessing the potential risks of commercial bribery compliance in commercial contracts and marketing strategies; (3) developing anti-bribery and anti-corruption compliance manuals and investigative response plans in compliance with overseas anti-corruption laws of China and other countries; (4) providing internal audit services for anti-commercial bribery and simulated law enforcement investigations; (5) assisting in responding to administrative and criminal investigations by Chinese law enforcement authorities relating to commercial bribery; and (6) representing clients in court proceedings for civil damages relating to commercial bribery.