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Category Archives: Legal News

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Exporting From China By The Numbers: HTS (US)

Posted in China Business, Legal News

Companies deciding whether to export products from China must carefully weigh immediate and long-term profit potential against the costs of shipping and entering their products into foreign markets. The most important considerations are whether the laws of China and the foreign country allow the products to be traded and, if so, whether licenses must be… Continue Reading

China Distributor Relationships: Why Don’t They Get No Respect?

Posted in China Business, Legal News

Yesterday’s post China Distributor Agreements: A Relatively Easy Way To Sell Your Products Into China, was on how companies can sell their products into China via a China-based distributor. On Linkedin, in response to that post, Shanghai businessperson, Bill Cosgrove wrote the following: Dan, You make a compelling case for distributors. Why do you think the distribution… Continue Reading

Beijing Touts “Cyber-Sovereignty” In Internet Governance: Global Technology Firms Could Mine Silver Lining

Posted in China Business, Legal News

A Guest Post By Scott Livingston* It has been a difficult few weeks for global technology companies operating in China. Chinese officials strengthened the Internet firewall by blocking the use of virtual private networks (VPNs), reasserted demands that web users register their real names, and issued a new regulation requiring enhanced scrutiny of imported IT products… Continue Reading

China Arbitration: Second Thoughts on Clarity

Posted in Legal News

Steve Dickinson’s Monday post summarizes a spate of recent Shanghai Number 2 Intermediate People’s Court decisions and makes clear that in Shanghai, if a contract calls for arbitration by the CIETAC Shanghai subcommission, the one and only proper arbitral body is the Shanghai International Arbitration Center (SHIAC). I agree with Steve’s conclusion that the matter is now… Continue Reading

China Arbitration: An End To Uncertainty

Posted in Legal News

As we reported in earlier posts, international arbitration in China entered a period of uncertainty in 2012. See Will The Real CIETAC Arbitration Please Stand Up. For many years, Beijing based CIETAC controlled international arbitration in China. To expand its scope, Beijing CIETAC established sub-commissions in both Shanghai and Shenzhen. Tiring of the oppression of their… Continue Reading

China Highlights Compliance Initiatives. Should You?

Posted in Legal News

Momentum around President Xi Jinping’s anti-corruption campaign continues to grow. Last month, President Xi announced that China will expand anti-corruption efforts by evaluating its state-owned enterprises (“SOEs”) to ensure they are operating in compliance with China’s laws. President Xi’s announcement raises concerns not only for SOEs, whose transactions may face heightened scrutiny and periodic investigations,… Continue Reading

Will Chinese Broadcasters Pay Public Performance Royalties To Record Companies?

Posted in China Business, China Film Industry, Legal News

This is the second in a series of posts on music copyright in China. My first post China Music Copyrights is here. China is often criticized by the US for its copyright laws but China and the US have more in common than you might have thought when it comes to copyright — they are both among… Continue Reading

Establishing International Schools in China: Part 4 – Future Trends

Posted in China Business, Legal News

This is part 4 of my four part series on establishing an international school in China. In part 1, Establishing International Schools in China: The Basics, I discussed the complications foreign parties typically see when trying to start a school in China. In part 2, Establishing International Schools in China: A Deeper Dive, I focused on what it takes… Continue Reading

Establishing International Schools in China: Part 3 – A Deeper Dive (Continued)

Posted in China Business, Legal News

This is part 3 of my four part series on establishing an international school in China. In part 1, Establishing International Schools in China: The Basics, I discussed the complications foreign parties typically see when trying to start a school in China. In part 2, Establishing International Schools in China: A Deeper Dive, I focused on what it takes… Continue Reading

Establishing International Schools in China: Part 1 – The Basics

Posted in China Business, Legal News

There is clearly a demand for English-based and Western-style education in China. An ever increasing number of expatriates choosing to live with their families in China and wealthy Chinese seeking to prepare their children to attend elite universities abroad have combined to create clear demand for suitable schools. Our firm often receives requests to assist… Continue Reading

China Employee Layoff Laws

Posted in Basics of China Business Law, Legal News

China’s Labor Contract Law defines what constitutes a “mass layoff” (“经济性裁员”) as one of the following: An employer reduces its workforce by twenty or more employees, or A workforce reduction that exceeds 10% of the entire workforce. Under the Labor Contract Law, an employer may initiate mass layoffs only under one of the following four… Continue Reading

How To Sell Your Product To China. Which Of Us Is Most Local?

Posted in China Business, Legal News

My good friend Ben Shobert wrote an article a while back for Forbes entitled, A New Wrinkle For China’s Medical Device Market, with the following as its opening paragraph: This week, China’s National Health and Planning Commission (NHPC) threw foreign medical device manufacturers a wrinkle: going forward, the Chinese government would pursue policies explicitly designed to favor domestic manufacturers over… Continue Reading

Demand Letters For China Disputes: They Just Work

Posted in Legal News

Demand letters have become so common in the United States that they rarely elicit either fear or action from their recipients. Some lawyers no longer bother with such letters, believing that you should always sue first and discuss settlement later. China is different.   Our China lawyers have a much higher rate of success in… Continue Reading

China Product Development Contracts: I Don’t Get No Respect

Posted in Basics of China Business Law, Legal News

When someone emails one of our China lawyers asking us what they need to protect themselves when manufacturing in China, we typically respond with something like the following: Our clients that manufacture product in China typically use us for some or all of the following: NNN/NDA Agreements. We do these NNN Agreements in Chinese (the official… Continue Reading