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Amy L. Sommers

Partner
Shanghai
+86.21.2211.2085
Fax +86.21.3251.8918

Primary Practice

Secondary Practices

Education

  • J.D., University of Washington School of Law, 1991
  • B.A., University of Washington, 1986

Admissions

  • Bar of Washington

Languages

  • Chinese (Mandarin)
  • English
  • Biography Overview
  • Additional Background
  • Representative Work
Amy Sommers is a partner in the firm’s Shanghai office. Her practice focuses on advising on investment and operation in restricted sectors, such as real estate, travel, ecommerce, financial services and education. She is also known as a leading China-based practitioner in Foreign Corrupt Practices Act (FCPA) and antibribery compliance.

Professional Background

Amy L. Sommers' strong skills in corporate structuring, governance and operations issues in China make her a valued resource to the clients she counsels. A former Chair of the American Bar Association’s China Committee, Ms. Sommers is a frequent speaker and commentator on China issues. Her involvement in China goes back over 25 years, when she first started studying Mandarin, later developing deep appreciation of China's history, politics, culture and legal system. Her clients benefit from her ability to bring these insights to bear on their strategic China projects. Ms. Sommers regularly counsels clients on strategic investment, whether through ‘green fields’ investment or by M&A activity, in regulated or restricted sectors of the PRC economy, where familiarity with not only the legal requirements, but also the policy concerns underlying the regulatory environment, are vital. Clients also seek her advice on ongoing issues relevant to the success of their China businesses, such as distribution, manufacturing and intellectual property licensing arrangements. Ms. Sommers works closely with clients in developing strategies for compliance with the FCPA and PRC anti-bribery laws, and works to provide global solutions for clients facing the challenges of increasingly complex regulation and intensified global enforcement.

Achievements

Chambers & Partners – Asia Pacific 2012 has recognized Ms. Sommers as “Notable Practioner,” where she was described by peers and clients alike as "terrific, very experienced and well connected at a global level ….." In 2007, Ms. Sommers was awarded the Expatriate Professional Women’s Society of Shanghai’s Businesswomen Award in the category of Professional Excellence in part in recognition of her work in helping create stronger ties between the U.S. legal professional and China’s growing profession. Under her leadership, the American Bar Association’s China Committee received the Section of International Law’s “Best Overall Committee Award” for 2006-07. When the Shanghai Arbitration Commission formed a Shanghai Financial Arbitration Centre to handle resolution of banking- and finance-related commercial disputes, Ms. Sommers was asked to serve as one of the 14 initial non-Chinese arbitrators available to decide disputes.

Professional/Civic Activities

  • Vice Chair, International Anticorruption Committee of the American Bar Association Section of International Law (2010-present)
  • Co-Chair, Cross-Border Real Estate Committee of the American Bar Association Section of International Law (2009-10)
  • Co-chair, China Committee of the American Bar Association Section of International Law (2004-2007)
  • Chair, Real Estate Committee of the American Chamber of Commerce – Shanghai (2009-2010; Co-Chair 2008-2009)
  • Vice Chair, Legal Committee, American Chamber of Commerce – Shanghai (2007-2008)
  • Board Member, Shanghai Foreign Correspondents Club (2007 to 2008)

Speaking Engagements

Ms. Sommers is a frequent speaker on various China-related topics and a member of the China Speakers Bureau. Recent presentations include:
  • “Disappearing Shanghai: The History of Shanghai Housing 1949 to the present,” Royal Asiatic Society of Great Britain and Ireland – Shanghai Chapter, Shanghai 2011
  • “Overcoming FCPA Compliance Challenges in China” workshop, co-facilitator, FCPA Boot Camp, San Jose, 2010
  • “Savvy China Strategies Start with IP Protection,” co-presenter, Greater Cleveland Partnership, Cleveland, 2009
  • “Supporting Corporate Growth on a Global Stage: In-house Counsel Best Practices,” co-presenter, Shanghai Counsel to Counsel Forum, Shanghai, 2008
  • “Overcoming Anti-Corruption Compliance Challenges in China,” co-workshop facilitator, Third European Forum on Anti-Corruption, London, 2008.
  • “Hot Topics in Doing Business in China: Real Estate Investment in an Increasingly Strict Environment,” panelist, American Bar Association of the Section of International Law Spring Meeting, New York, 2008

Publications

  • Real Property Law in China:  A Guide to Foreign Investment (American Bar Association, 2011), co-author
  • Corporate Counsel's Guide to Doing Business in China, 3d (West, 2010), author of Real Estate chapter
  • “A Toolkit for In-house Counsel on Mitigating IP Loss Exposure in an Emerging Market: China,” Asian Briefings, a special supplement of ACC Docket, March 2010, co-author
  • “A Tragedy of the Commons: Property Rights Issues in Shanghai Historic Residences,” 28 Penn State International Law Review, 137 (2009), co-author
  • “Planning for Conservation of Shanghai’s 20th Century Built Heritage,” Docomomo Italy – Conference on Preventive Conservation and Maintenance of Modern Movement Architecture, October 2009, co-author
  • “China’s Wish List”, FDi Intelligence, Financial Times, December 17, 2008
  • “The Amended Law to the Company Law of the People’s Republic of China (PRC): Encouraging Foreign Investment, Strengthening Shareholder Protections,” 1 Bloomberg Corporate Law Journal 289 (2006)
  • “Managing Potential Corruption in China,” Counsel to Counsel, January 2006
  • “Foreign Investment Verification: Reform, Status Quo or Bafflement?,” The China Business Review (Nov-Dec 2005)
  • Acting as China counsel to a leading global online travel services provider, advising on a range of strategic, operational and compliance issues.
  • Counseling an Iceland-based private equity fund on potential investment in hospitality and entertainment-related projects such as a project to develop a mixed-use entertainment center on the North Bund in Shanghai.
  • Representing a US-based company, the world’s market share leader in its technology field, in connection with a significant investigation by Shanghai Customs.
  • Advising a global shipping and logistics company in its 1999 US$234.75 million securitization financing.
  • Representing a global shipping and logistics company in its US capital markets commercial paper program (1997, 1998, 1999 and 2000).
  • Advising a China-based bank on a complicated set of supply chain management and commercial factoring agreements to support and secure export letters of credit reimbursement guarantees extended to it by its national export credit agency.
  • Representing a Europe-based development finance company on due diligence and regulatory analysis of potential private equity-type investments in various targets.
  • Advising US-based companies and their non-US affiliates on antibribery, corporate governance and FCPA compliance, investigations and training.
  • Representing and providing guidance to clients in structuring investment in PRC-regulated industry sectors including transportation, banking, education, food safety and e-commerce.
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