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Are Some US Firms Violating US Law In China?

By Dan Harris on October 4, 2006
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China lawyers

Of course they are, if you ask it like that.

The Foreign Confidential Blog asked that question in its title to a recent post on the corruption scandals engulfing Shanghai.

I e-mailed the blogger behind Foreign Confidential to see if he was aware of anything specific regarding US companies and he told me he is not. The post asks if “US bankers and investors and executives of US public companies look the other way and fail to report their suspicions, or evidence of wrongdoing, in violation of US federal law — specifically, the Foreign Corrupt Practices Act and Sarbanes-Oxley?”  It then goes on to ask if the “current, widening and intensifying crackdown on high-level official corruption in China [might] implicate foreign investors–particularly in the real estate sector?” Are US companies doing business in China systemically violating US law?

There must be US companies involved with the Shanghai scandals, but I doubt we will ever hear of any. I say “of course” because our China lawyers sometimes deal with American companies that brag about paying off government officials to gain influence. I still doubt that any US companies will get caught up in this corruption scandal because I do not see this “purge” as having much to do with corruption; I see it as having everything to do with politics, China-style. The Washington Post sees it all as just a turf war over patronage and influence and I agree. Beijing is simply flexing its muscles and showing the “Shanghai people” who is really is in charge.

If Beijing were truly interested in rooting out corruption, it would be focusing first on Shanghai (where things actually operate quite nicely) rather than on some region where corruption is causing poverty, environmental catastrophe, and political uprisings.

What are you seeing out there?

Photo of Dan Harris Dan Harris

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network. 

…

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network.  His work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

He was named as one of only three Washington State Amazing Lawyers in International Law, is AV rated by Martindale-Hubbell Law Directory (its highest rating), is rated 10.0 by AVVO.com (also its highest rating), and is a recognized SuperLawyer.

Dan is a frequent writer and public speaker on doing business in Asia and constantly travels between the United States and Asia. He most commonly speaks on China law issues and is the lead writer of the award winning China Law Blog. Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed Dan regarding various aspects of his international law practice.

Dan is licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at his firm, Dan focuses on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.

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  • Posted in:
    Business and Commercial
  • Blog:
    China Law Blog
  • Organization:
    Harris Sliwoski
  • Article: View Original Source

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