Kurt Shen Senior Partner

Qualifications： PRC bar

Working Experience：

2020.8 – now Glinks Law Firm  Partner

2014.5 – 2020.7 Starbucks China, Shanghai, China

2012.7 – 2014.5 King & Wood Mallesons, Shanghai, China  Senior associate

2006.7 – 2012.7 Fangda Partners, Shanghai, China  Associate

Education Background：

2003.9 – 2006.7 Fudan University, School of Law, Shanghai, China, Masters degree in law

1998.9 – 2003.7 Shanghai University, School of Computer Science & School of Economics, Shanghai, China, Bachelors degrees in Computer Science and International Trade and Economy

Working Languages：

Mandarin: native; English: fluent

Representative Cases：

During the first three and half years at Starbucks, Kurt was a corporate counsel of the Real Estate team and acted as the market facing inhouse of North 1 market area (containing Beijing City, Xian City, Heibei Province, Shanxi Province and Inner Mongolia). Together with other junior counsel in the team, Kurt supported local store development teams for opening over 120 new stores and local assets teams for numerous existing store matters.

As from November 2017, Kurt worked as the Director of commercial team and supported various functions such as corporate development, supply chain, HR, operations, safety & security, finance, government affairs, compliance, construction, QA/RA, more specifically, Kurt had:

• l provided legal support to multiple major business initiatives, such as a greenfield project of a coffee bean roasting plant in Kunshan and an in-depth cooperation with a major domestic logistics provider to overhaul logistics services across China;
• l supported the endeavors to integrate the East China market acquired from a Taiwanese company;
• l reviewed a wide range of purchase agreements and services agreements;
• l advised HR in dealing with labor related matters and disciplinary actions;
• l advised safety & security and compliance in investigations and related actions;
• l assisting in government investigations, customer injuries and customer complaints;
• l handled anti-trust matters and the anti-trust litigation; and
• l handled arbitrations and litigations.

Experiences in M&A and FDI

M&A

• Represented Atlas Copcoon its acquisition of manufacturing business of compressor by setting up a WFOE and acquiring assets and businesses.
• Represented Pacific Alliance Groupin its investment in a company holding equities in the parent of an A-share listed company.
• Represented Pacific Alliance Groupin its investment in a recycling company supporting solar cell manufacturers.
• Represented UBSin its investment in China Cinda Asset Management Co., Ltd..
• Represented FMC, a US Listed Company, on its acquisition of blending business in China from PRC individuals. The acquisition is comprised of three deals: an onshore equity transfer, an onshore assets acquisition and an offshore share transfer.
• Represented Société Générale in its transfer of equity in Fortune SG Fund Management Co., Ltd.
• Represented CITIC Private Equity Fundsin its investment in China Post Fund Co., Ltd.
• Represented Ashmorein a bid to acquire equity interests in ABN AMRO TEDA Fund Management Co., Ltd.
• RepresentedCSI Capital in its investment in InLook Holdings Ltd., a Cayman company, by VIE structure.
• RepresentedSequoia Capital in its investment in OkayBuy (China) Holding Inc., a Cayman company, by VIE structure.
• RepresentedSequoia Capital in its investment in Top Faith Limited, a Cayman company, by VIE structure.
• RepresentedMorgan Stanley in its strategic acquisition of 20% shares in Hangzhou Industrial & Commercial Trust Co., Ltd.
• Represented Temasekin its strategic acquisition in New China Insurance Company.
• Represented Hewlett Packardas its PRC counsel in an acquisition of 3Com China business.
• Represented Ping An Insurancein its strategic investment in Datang Mobile Communications Equipment Co., Ltd.
• Represented Carlyle in its approximately US$800 million investment in China Pacific (Group) Insurance Co. Ltd.
• Represented Lear Corporation (Mauritius) Limitedin its investments in a joint venture and acquisition of relevant assets and businesses.
• Represented CCMP, a buyout firm in Asia, in its strategic investment in a subsidiary of Wuhan Kaidi Electric Power Co., Ltd., a PRC listed company.

FDI

• WFOEs – Advising various foreign clients in establishment of wholly foreign owned companies including advice of PRC legal frame requirements, market entry, corporate governance, liabilities of the legal representative and directors of the board, documentation, communication with government authorities;
• Sino-foreign Joint Ventures – Representing various foreign clients in their efforts to establish joint ventures with their Chinese counterparties, including drafting joint venture contract, articles of association and other ancillary documents, and attending in negotiations and preparing application package for setting up joint ventures.
• Restructuring – Advising foreign clients in restructuring of its PRC subsidiaries, including drafting memos and transaction documents, and assisting in governmental approval procedures.