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Category Archives: China Business

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China NNN Agreements

Posted in Basics of China Business Law, China Business, Legal News

The first step in doing OEM manufacturing in China finding a good factory to make your product. To protect your product at this early stage, you must require the Chinese party to execute an appropriate agreement before you reveal any information. This agreement must comply with three basic rules: First, do not use a U.S…. Continue Reading

China Litigation and Arbitration, Part 3: China Consultants and the Liabilities THEY Face

Posted in China Business, Litigation and Arbitration

Our China lawyers often work with many really experienced and really good China consultants. These consultants are usually really good for the following reasons: They know the ins and outs of what it takes to succeed in doing business in China and with China. They know the ins and outs of how to find good Chinese companies… Continue Reading

China Arbitration and Litigation, Part 2: First Check Your Insurance Policy

Posted in China Business, Legal News, Litigation and Arbitration

If I were to list out the most common litigation-inducing problems our China lawyers have seen in the last few years, that list would consist of the following: Bad product received from a China manufacturer Late product received from a China manufacturer No product received from a China manufacturer An investment into a China company or project… Continue Reading

Quick Question Friday, China Law Answers, Part XII

Posted in Basics of China Business Law, China Business, Legal News

Because of this blog, our China lawyers get a fairly steady stream of China law 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… Continue Reading

9 Tips for China Product Sourcing

Posted in China Business

Helping American and European companies deal with their China manufacturers is something my firm’s China lawyers do every single day. And though our work focuses on the legal side, our having been involved with literally thousands of manufacturing related contracts (mostly NNN Agreements, Product Development Agreements, Licensing Agreements, and OEM Agreements) does mean that we are… Continue Reading

On Being a China Lawyer and on Doing Business In China: An Interview

Posted in China Business, Events, Legal News

I was interviewed last year by Jason Aquino of Scouts Consulting as part of an ongoing interview series on strategy and innovation in business, sports, and national security. Jason will be releasing this series of interviews in the future, but in the meantime he is allowing me to publish mine here, mostly after I begged him to… Continue Reading

Getting Money Out of China, Part 2: Don’t Fall for the Scams

Posted in Basics of China Business Law, China Business, Events, Legal News

Last week I wrote a post entitled, Getting Money Out of China: What the Heck is Happening?  The post focused on how the China lawyers at my firm have in just the last week or so received more communications regarding difficulties in getting money out of China than in the last year. Since that post, the… Continue Reading

China WFOEs Rising: the Official Explanation vs. the Real Explanation

Posted in China Business, Legal News

Shanghai Daily is out with an article detailing increased foreign investment into China, both in terms of foreign companies having established more new enterprises in China (WFOEs and Joint Ventures and Representative Offices) and in terms of the amount of foreign direct investment in dollars: China’s foreign direct investment last year rose 6.4 percent to… Continue Reading

China Media and Entertainment: January 12, 2016, in Beijing

Posted in China Business, China Film Industry, Events

Mathew Alderson, our firm’s lead China entertainment lawyer, will be moderating an AmCham event in Beijing on January 12. AmCham describes this event as follows: Media and Entertainment Forum Co-Chair Mathew Alderson will moderate an exclusive lunchtime presentation given by Ms. Dai Huang, Vice President, Distribution Sales and Production, Greater China, Sony Pictures Television. As… Continue Reading

How to Avoid China Manufacturing Problems, Part 2: Focus on These Five Things

Posted in Basics of China Business Law, China Business, Legal News

In yesterday’s post, the first in this series, we focused on the need to have an OEM Agreement with your Chinese manufacturer. In this post, we focus on what is truly important to include in that agreement, and even more importantly, the terms on which you should reach agreement with your Chinese manufacturer, before you… Continue Reading

When Going to China, Be Paranoid About Your Data and Your Privacy

Posted in China Business, China Travel, Recommended Reading

“Paranoia is just having the right information.” ― William S. Burroughs The lawyer’s job is to discern risk and help their clients to avoid them. Put another way, we are both trained and paid to be paranoid. Years ago, when I was in Tokyo on a particularly sensitive matter, I left my hotel room as I… Continue Reading

China Merchandising Rights: Can You Trademark the Wuxi Finger Hold?

Posted in China Business, China Film Industry

Not long ago, the Beijing Higher People’s Court ruled against a trademark squatter, Hu Xiaozhong (胡晓中), who had attempted to register the phrase “Kung Fu Panda” for a variety of automotive-related products such as childrens’ carseats, seat headrests, and steering wheel covers. The basis of the decision was that the film Kung Fu Panda was… Continue Reading

Who Pays For Failed China VIEs?

Posted in China Business, Legal News

We have never liked VIEs (Variable Interest Entities), as we have many times made clear over the years: VIEs In China. The End Of A Flawed Strategy (2011) China VIEs. Avoid, Avoid, Avoid. (2013) China VIEs Are Dead. Done. Over. Stick A Fork In Them. (2015) What we most dislike is when relatively small foreign companies structure their China… Continue Reading

A Good China Contract? Of Course You Want One.

Posted in Basics of China Business Law, China Business, Legal News

A post we did on China NNN Agreements received the following comment yesterday: Your posts on NNN are beyond a shadow of a doubt “the most fascinating and informative” articles on nondisclosure agreements that I’ve been able to find anywhere on the internet — and I’ve searched! I’m confident that your posts have saved me the embarrassment… Continue Reading

Resolving A Labor Dispute In China: A Simple Map

Posted in China Business

A labor dispute between an employee and an employer in China is typically resolved in one (or sometimes more) of the following ways: consultation, mediation, arbitration or litigation. As compared to other methods, consultation usually makes the most sense because if the parties are able to reach a settlement, it saves them a lot of… Continue Reading

How To Form A WFOE in China, Part 11: Shanghai or Hong Kong or Singapore for Your Asia Holding Company?

Posted in Basics of China Business Law, China Business, Legal News

Our China lawyers are working with multiple good-sized U.S. retailers looking to go into China. And we have had similar discussions regarding where they might end up locating their “Asia office.” Those conversations have gone somewhat like this, grossly summarized: Them: Once we get going in China our plan is to expand from there into other countries in Asia…. Continue Reading