This is part III of our relatively new series setting forth how we “really feel” about the issues that have generated controversy on our blog over the years.” Part I dealt with guanxi and the comments to that postalone have made it a great read. In Part II we talked of how we love joint ventures because… Continue Reading
Monthly Archives: April 2011
Good Lawyers Gone Bad On China. What Were They Thinking?
Posted in Legal NewsI have never written a will, not even for friends or family. I have never handled a DUI, a divorce, or a real estate closing, not even for friends or family. I have never negotiated with a union, drafted a pension plan, or handled a debtor-side bankruptcy. I could go on for pages listing out… Continue Reading
The China Anger Test. Fast. Cheap. Amazingly Accurate.
Posted in China BusinessI was telling a client today how my law firm has done more than 200 Non Disclosure Agreements (NDA) with Chinese companies and our results very roughly approximate the following: 100 Chinese companies signed what we drafted 95 Chinese companies made one or more reasonable modifications and then signed 5 Chinese companies… Continue Reading
China’s Rare Earths. The Video.
Posted in China Business, Recommended ReadingThis post was written by Miriam Roth, a Harris & Moure paralegal. Miriam graduated last year with a slew of honors and a degree in English Literature from the University of Maryland. When not working with us, she is an assistant editor at PIF Magazine. By Miriam Roth China Law Blog co-editor Steve Dickinson joined Katie Fischer… Continue Reading
U.S. China Trade As Zero Sum Game
Posted in China Business, Recommended ReadingI recommend you read a just out Reuters article on U.S. China trade. It does a better than average and fairly thorough job setting out what we can expect in China-United States trade relations. The article is entitled, “US and China on collision course for trade war? It is subtitled, “The problems Americans are seeing with… Continue Reading
China Manufacturing Agreements. Watching The Sausage Get Made.
Posted in Basics of China Business Law, Legal NewsIn going through old emails, I came across a couple from co-blogger Steve Dickinson to a client that was going to have its relatively complicated product manufactured in China. This company was engaging in outsourcing for the first time and we were assisting with the contract. Steve’s first email was the following: Generally, a production… Continue Reading
China Manufacturing Agreements. Make Liquidated Damages Your Friend.
Posted in Legal NewsOne of the hallmarks of a good China OEM Contract is that it provides for very specific penalties if the Chinese manufacturer fails to abide by its crucial terms. These penalties will typically be in the form of a liquidated damages provision, which Wikipedia defines as follows: Liquidated damages (also referred to as liquidated and… Continue Reading
China Transfer Pricing. The Basics.
Posted in Basics of China Business Law, China Business, Legal NewsIf you had told me ten years ago that I would some day be writing on transfer pricing, I would never have believed it. Heck, if you had told me ten years ago that I would one day be writing on transfer pricing, I might have considered going into a different field. Even three years… Continue Reading
This Is China. I Laughed, I Cried.
Posted in China BusinessI’m sorry, but is there anyone who has spent more than one week in China who has not experienced something pretty much just like this? The “this” to which I am referring is a Kafkaesque situation that so often occurs at hotels (or other businesses) in China. In a post entitled, “Wuhan Weekend — Hassle… Continue Reading
China Government Contracts. Good Luck With That.
Posted in China Business, Legal News, Recommended ReadingHow to bid on Chinese government contracts.
The Four Essentials For Sourcing From China.
Posted in Basics of China Business Law, Legal NewsThe four things every company must do to succeed with their China outsourcing.
Notarizing U.S. Documents In China
Posted in Legal NewsEvery so often, my law firm gets contacted by an expat in China asking us what we charge to provide them with a U.S. notarization. If it is a phone call, I sometimes jokingly tell them that we will do it for free so long as they come to our United States office to have… Continue Reading
China’s Service Sector Will Reign. Part XXI. The USCBC Confirms It.
Posted in China BusinessChina’s service sector provides substantial opportunity for foreign businesses.
Chinese Commercial Law Books In English. The Good Ones.
Posted in Legal NewsClients (particularly those involved with Human Resources) and law students are always asking me what English language books I recommend for learning about Chinese law. Many years ago, I would tell them there were none. Now I usually respond with the following four: 1. The Legal System of the People’s Republic of China in a… Continue Reading
Understanding China’s Growing Love For Luxury
Posted in Recommended ReadingI just read McKinsey & Company’s opulent report on China’s luxury market, entitled, “Understanding China’s Growing Love for Luxury.” The report asks the following questions: Who are China’s luxury consumers? What are they looking for? How do they make decisions? How do they differ from their counterparts elsewhere? It then proceeds to answers these questions (and a… Continue Reading
What You Should Know About China Litigation.
Posted in Legal NewsThe China Law Insight Blog has a very thoughtful post entitled, “Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation.” The post does an excellent job explaining the lack of pretrial discovery in China court cases and why American companies and lawyers tend to be so ill-prepared for this. To grossly summarize and oversimplify the… Continue Reading
Everything You Always Wanted To Know About Exporting (To China Too).
Posted in China Business, Recommended ReadingHow to export your product to China.
Shanghai Thugs Forcibly Remove Shanghai Residents. Why This Matters For YOUR Business.
Posted in China Business, Legal NewsLe Monde has a series of captioned pictures documenting beatings inflicted on Shanghai residents who developers wanted cleared out (h/t Shanghaiist). The police were called but never came. Beyond the fact that this sort of treatment is morally objectionable, here is why you should care: 1. Though China is relatively safe, one should absolutely not… Continue Reading
Chengdu China For Your Business? The Podcast.
Posted in Recommended ReadingIf you are thinking of setting up a business in Chengdu, I urge you to listen to AmCham’s recent podcast interview with Bill Marshak, the Principal Commercial Officer at the US Consulate in Chengdu Sichuan. Bill is a college friend of co-blogger Steve Dickinson and I had the pleasure of meeting Bill the last time… Continue Reading
China: Do Just One Thing. Trademarks.
Posted in Basics of China Business Law, Legal NewsFrom time to time I get calls from start-up companies about to embark on manufacturing in China. They are calling to ask what they need to do “to protect themselves.” I tell them about NNN Agreements and how they can help prevent potential manufacturers from replicating their product. And I tell them about how important it is that they… Continue Reading
China’s 12th Five Year Plan. A Necessary Revisiting. Part II. The Reality.
Posted in China BusinessYesterday, co-blogger Steve Dickinson wrote a post on the lead up to China’s 12th Five Year Plan. Today’s post is another one by Steve on China’s 12th Five Year Plan, but this one focuses on the plan as actually adopted, which as we will see, is actually surprisingly different from what was discussed. IV. The… Continue Reading
China’s 12th Five Year Plan. A Necessary Revisiting. Part I.
Posted in China BusinessCo-blogger Steve Dickinson yesterday spoke at the Chengdu AmCham on China’s 12th Five Year Plan and he will be speaking on that again on April 14 at the Swedish Chamber in Beijing. Though Steve has already written a few posts on here regarding the plan, this one is an important update because it discusses how the… Continue Reading
Think Locally About Your China Blogs.
Posted in China Business, China Travel, Recommended ReadingEvery so often I get emails from readers asking what I read on China beyond the blogs in our blogroll. This post on China regional blogs is going to be the first in what is likely to be an erratic series to answer that question. I define a China regional blog as a blog that… Continue Reading
Fellowes “Brought To Its Knees In China.” Blame The Joint Venture?
Posted in China Business, Legal NewsFascinating article by Matthew Robertson, entitled, “Fellowes, American Stationary Giant, Brought to Its Knees in China.” A couple of readers sent me the article and both of them commented on how it further proves what “you are always saying about Chinese joint ventures.” I am not so sure it does. The article is about Fellowes,… Continue Reading
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