China Law Blog

China Law for Business

We started this blog way back in 2006, and — needless to say — much has changed since then, including the attitudes our international lawyers have about China and things China. I have taken to quickly skimming old blog posts to see issues that have died, things that have changed, and issues we that need updating. I am starting with 2006 and it is in January, 2006, that I found what turned out to be…
Our China lawyers are constantly getting asked how China’s slowing economy and all that is going on between China and the United States will impact foreign business with China. We get asked this by clients, by reporters, and even by friends and those who ask us usually expect a simple answer, like “not well.” It is though more complicated than that. We have been seeing the following (some of which we predicted, some of which we did…
China’s new e-commerce law, which took effect January 1, 2019, threatens to upend the entire daigou business model. As we’ve written previously, daigou are individual shoppers who purchase goods overseas and then bring them back in their luggage for resale in China. Estimates of the value of goods brought into China this way each year ranges from about $6 billion to upwards of $100 billion. The new e-commerce law requires anyone who sells…
China craves stability. High unemployment can cause instability. Today’s South China Morning Post, in an article entitled, China’s small businesses forced to cut back on staff just to survive as economic mood sours amid trade war, talks about how China’s slowing economy is leading to government concerns about joblessness: With the Chinese economy slowing, concern has increased among Chinese policymakers about the outlook for employment, since ensuring a sufficient number of new jobs is…
Are you aware that nearly all of China’s major commercial centers allow you (or at least most of you) to visit visa-free for up to six days? Be honest, did you really know this? I ask because it seems like the China lawyers at my firm often have to explain this to our clients, including to those who go to China often and even to those with a China WFOE, Joint Venture, or Representative office.…
Because of this blog, our international lawyers get a fairly steady stream of legal questions from readers, mostly via emails but occasionally via blog comments or phone calls as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a quick general answer and, when it is easy to do so, a link or two…
On February 4, 2019, The American Institute of Steel Construction, LLC (Petitioner) filed antidumping (AD) and countervailing duty (CVD) petitions against Fabricated Structural Steel (“FSS”) from Canada, China and Mexico. You can see that petition here. Under U.S. trade laws, a domestic industry can petition the U.S. Department of Commerce (“DOC”) and U.S. International Trade Commission (“ITC”) to investigate whether the named subject imports are being sold to the United States at less than fair…
It has been a tough year, what with the US-China trade war and all and with all that has been happening with China and Canada and China and the EU. Most of our law firm’s clients are looking at China in a new light and many have moved some or all of their business elsewhere. Relations between the people of China on the one hand and the people of the United States and Canada and…
Unilaterally terminating a female employee in China, especially one who is pregnant, nearly always leads to the terminated employee bringing some sort of legal action. Though there are a few legally permissible grounds for an employer unilaterally terminating a pregnant employee without having to pay severance, those grounds are few and far between and the burden will always be on the employer to prove such ground: e.g., the employee failed to satisfy her conditions of…
This is part 3 of our series on China Joint Ventures. We are writing this series now because our China lawyers are seeing a record number of potential joint ventures, due largely to China’s declining economy, the belief that truly foreign companies will not be well-treated in China, and a desire to try to “share the risk” of all this uncertainty. In part one of this series, China Joint Ventures: The Long Version, we…