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Most of my China employment work is for employers, but in the last few years, my work representing expat employees just keeps rising and now equals nearly ten percent of my China employment practice. This increase in expat employment law is due to two things: 1) Chinese companies are hiring more expats, and 2) word has gotten out that what expats are promised by their Chinese employers seldom if ever matches what their employment contract…
In just the last few months there has been an onset of trade actions brought by U.S. companies against incoming products of all kinds from China. With all the trade issues involving China and bipartisan anti-China sentiment prevalent in the United States, now is a great time to bring such actions. The international trade lawyers at my firm almost exclusively defend against antidumping and countervailing duty claims instead of bringing them. So I say this…
Yesterday, Dr. Josh Dorfman published the following post on Linkedin: Dear presidential candidates: You cannot ignore China! Do you disagree with our current strategy? All of it? Are you sure? You need to be sure. Because I haven’t heard much about it from any of you. It’s sort of like you don’t understand how much the US-China relationship will shape the coming decades. Seriously. A lot. Please, please hire China advisers that value evidence…
Late last year I was a visiting professor of Chinese Law for a few days at the University of Warsaw. This consisted of my speaking for about two hours the first day and for about four hours the second day. My first day talk was on protecting your IP from China. That is MY speech. I have been giving some variant on that speech for nearly a decade now, updated and modified each time to fit the…
AmCham Shanghai recently published an article I wrote on China’s new E-Commerce Law, titled, Implications of China’s E-Commerce Law, and I urge you to read it. I was asked to write this article to explain the implications (hence the title) and the practicalities of China’s new e-commerce law. Actually, my law firm was asked to write this article, but I then was tasked with this because I have been working on a steady stream…
As regular readers of this blog should know, our China corporate lawyers have have a long history of skepticism regarding China VIE structured entities. In 2013, in Buying Into A China VIE. What Me Worry? we had this to say about them: Years ago, we made clear our views on VIEs and nothing about those views has changed.  For that reason, and because VIEs have little to nothing to do with most companies doing business…
Last week we did a post entitled “What to Read to Stay Up on China.”  That post had the following introduction: Our China lawyers are constantly asked what to read to stay up on China and our responses truly vary. One of our lawyers reads almost exclusively Chinese language media and social media, believing that anything else is at least somewhat filtered. Another of our lawyers insists that everyone should start their day…
Got the following email this morning from a domestic lawyer friend of mine (changed slightly to avoid revealing anyone): I have a client that wants me to draft an NDA or confidentiality agreement with an exclusivity clause as to items it introduces to its Chinese factory.  After reading the China Law Blog, I’m not sure if this can be done so easily. If it can be done, what do I need to put in there so…
When my law firm represents a company that provides services to Chinese companies, we start by focusing on the payment terms. If the Chinese company will not be paying our client the entire sales amount upfront — which hardly ever happens — our China lawyers need to draft the contract to ensure our client gets paid. The typical scenario is one where the Chinese company pays a modest amount upfront (maybe 25%), another portion (maybe another…
Earlier this week, we did a post on how Mexico is proving to be one of the biggest winners of the US-China trade war. That post, The China-US Trade War and the Winner is….MEXICO, utilized statistics to essentially show that with respect to certain products, China’s declining production has quite directly led to Mexico’s increasing production. That post got me an email directing me to a video made by a long-time friend of mine, Andrew…