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Tag Archives: China lawyers

China Trademarks: The First Thing To Do When Someone Already Has “Yours”

Posted in Basics of China Business Law

It used to be rare for one of our clients to be unable to secure a desired trademark in China because someone had beaten them to it. With the proliferation of trademark filings in China over the last 3-5 years, those halcyon days are over. When our pre-application screening turns up a conflict with a… Continue Reading

China WFOE Lease Reviews

Posted in Basics of China Business Law, Legal News

Our China lawyers often review leases for companies early in the WFOE registration process. Our work in this area has been growing exponentially as word has gotten around regarding WFOE registrations increasingly going awry and landlord problems stemming from WFOE leases. The pendency of a WFOE formation is a complicated time for a commercial lease… Continue Reading

“Hiring” Your China Employees Through A Staffing Agency. What To Do.

Posted in Basics of China Business Law, Legal News

With the costs and the hassles of forming and operating a WFOE in China always increasing, we are finding more of our clients are choosing to retain personnel in China via third party staffing agencies. Doing so is relatively easy and relatively inexpensive, assuming you can find a third party staffing agency willing to do… Continue Reading

How To Terminate A China Employee Non-Compete Agreement. Very Carefully.

Posted in Basics of China Business Law, Legal News

China allows for non-compete agreements that prohibit high level employees from working for another company that competes with the employer. However, these agreements are generally limited to senior management, senior technicians and other personnel who have a confidentiality obligation to the company. In exchange for the employee’s promise to maintain the non-compete requirement, the employer… Continue Reading

Join Our China Law Blog Group On Linkedin

Posted in Basics of China Business Law, China Business, China Film Industry, China Travel, Events, Good People, Legal News, Recommended Reading

We started a China Law Blog Group on Linkedin with the goal of creating a spam-free source for China networking, information and discussion. We now have nearly 8,500 members and, more importantly, a number of lively discussions. We have had some absolutely terrific discussions, both based on the numbers (a number of the discussions have received around 100 comments… Continue Reading

How To Avoid Fake Test Certificates From Your China Manufacturer. Do It Yourself.

Posted in China Business

One of our China lawyers got an email the other day from an American company that just learned it is in trouble here in the United States (yes, I am being deliberately vague here) stemming from having imported and sold a whole slew of electronics products that are listed as UL certified, but are not…. Continue Reading

China NDA. A Day In The Life Of A China Lawyer.

Posted in Internet, Legal News

Every so often one of our China lawyers will get an email from someone who essentially challenges us to tell them why they should hire us. Our response is to patiently explain why they are wrong to think that they do not need a lawyer and to not so patiently tell them that it would… Continue Reading

You Can’t Make A Good Deal With A Bad Chinese Company

Posted in China Business, Legal News

The title is stolen from the Warren Buffett line, “You can’t make a good deal with a bad guy, regardless of any piece of paper. And it is so true. Our China lawyers are always telling our clients the following: Legitimate Chinese companies do not want to get sued. In our experience, they are even… Continue Reading

Hiring A China Employee Through A Dispatch Company. Don’t Forget About Your IP.

Posted in Legal News

Despite the increasing restrictions on using employee dispatch companies for hiring of “your” China employees, our China lawyers have seen very little by way of a slowdown in smaller companies choosing to go that route, especially if doing so will allow them to delay having to form a China WFOE that much longer. The legal… Continue Reading

How To Write A China Contract. Liquidated Damages.

Posted in Legal News

Many months ago, I was in on an email exchange between a couple of our China lawyers regarding a liquidated damages provision in a product development agreement where our client was paying a Chinese manufacturer a lot of money to develop a new product that could be taken into production. Our biggest concern with the… Continue Reading

China Employment Contracts. The Basics On Probation.

Posted in Legal News

There is some truth to an old expression about China employees, “once hired, never fired.” Terminating a Chinese employee is rarely going to be easy, but if that employee is on probation, you do have a better chance of not getting sued for doing so. China does allow probationary periods for Chinese employees, but only… Continue Reading

China Business The Right Or The Wrong Way. The Home Office/China Office Tension.

Posted in China Business, Legal News

One of the tougher issues we as China lawyers face is what we call the Home Office/China Office tension. These situations are tough for us because we are so often put smack dab in the middle. Let me explain. On the one side you have the US home office, often replete with well trained in-house… Continue Reading

China Attorneys With LLM Degrees. Where Are The US Law Jobs?

Posted in Legal News

A while back we brought on a fully qualified Chinese attorney as a paralegal in our law firm. This person was working on obtaining her paralegal certificate at a local university. I asked her why she was pursuing a paralegal certificate, rather than going for an LLM degree (an advanced law degree), as is commonly… Continue Reading

Doing Business in China with an Asia Strategy

Posted in Uncategorized

Had a great discussion with a bunch of our China lawyers the other day regarding how so many of our clients are expanding in Asia beyond China and of how so many of them have an Asia strategy, of which China is just one large part and usually initial part. We then talked of how… Continue Reading

Paying Your Non-Chinese Employees In Your China WFOE: Splitting The Salary Part 2

Posted in Legal News

This post is the second in a series of posts by Grace Yang, one of our China lawyers resident in Beijing. Grace has her B.A. from Beijing University and her J.D. (law degree) from the University of Washington. Grace is licensed to practice law in Washington and New York States and she will be sitting for… Continue Reading

Paying Your Non-Chinese Employees In Your China WFOE: Splitting The Salary, Part 1

Posted in Legal News

This post is by Grace Yang, one of our China lawyers resident in Beijing. Grace has her B.A. from Beijing University and her J.D. (law degree) from the University of Washington. Grace is licensed to practice law in Washington and New York States and she will be sitting for the China bar exam this fall…. Continue Reading

How To Shut Down Or Sell Your China WFOE

Posted in China Business, Legal News

As China’s economy continues to contract, our China lawyers are getting an increasing number of inquiries from companies seeking to sell their China WFOEs. In fact, we are aware of the following currently on the market: A Shanghai consulting WFOE A Beijing consulting WFOE A Dalian manufacturing WFOE Back in May, in Buying And Selling China… Continue Reading

On Using A China Translator

Posted in Uncategorized

Got an email the other day from a China business consultant I know.  The email (modified a bit so as not to hide information) follows: Hello Dan, A quick question/insight into the Chinese business mind. We are set to go to China next month with a client and I suggested we hire a professional translator… Continue Reading

Doing Business With China. The Ten Keys.

Posted in China Business

A friend emailed me a post the other day and asked me if I agreed with him that it was the “most helpful post your blog has done for helping foreign companies doing business with China.” My response was that I wasn’t sure, but that it certainly ranked up there and that it had been… Continue Reading

Where To Locate In China. Put Pollution On Your List.

Posted in China Business

When our China lawyers are asked to assist foreign companies in determining where to locate in China, the first thing we do is ask that they fill out a long questionnaire to better enable us to gauge what is and what is not important in their choice of China location. We ask our clients to… Continue Reading

How To Get Good Product From China

Posted in China Business, Legal News

Every February, our China lawyers get an influx of emails and phone calls from American companies seeking our help in resolving last year’s bad product or late product problems. I think it is because the realization has finally sunk in that their Chinese suppliers really have no intention of trying to solve the issues remaining… Continue Reading

Buying A China WFOE. Difficult But Not Impossible.

Posted in China Business, Legal News

The other day we did a post on how to shut down a China WFOE, entitled, How To Shut Down Your China Operations. In that post, we mentioned the possibility of selling your China WFOE to an employee or employees or selling it to another foreign company looking to go into China. We got the following… Continue Reading

Doing Business In China. Get Your Legal Act Together Or Get Out.

Posted in China Business, Legal News

Just sent an email to an American company setting out the basics of what it should be looking for in the initial stages of determining whether it wants to invest in another American company that has a WFOE in China. The list included that the American company make sure that the China WFOE is properly… Continue Reading

Four Keys To A China Joint Venture That Works

Posted in Legal News

Not sure why joint ventures seem to go in waves, but our China lawyers have been getting more than usual lately. I suspect it has something to do with increased flexibility on the Chinese side as a reaction to recent fears regarding China’s economy. In any event, our recent joint venture work has gotten me… Continue Reading