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Tag Archives: Chinese Law

ABA Journal Names China Law Blog To Its Hall Of Fame. Thanks.

Posted in Good People

And we couldn’t be more pleased. The ABA Journal is the magazine of the American Bar Association.  The American Bar Association is by far the leading/most prestigious bar association in North America. And yet, there we are, just named to the ABA Journal’s Blawg Hall of Fame, and in there with a star-studded roster of… Continue Reading

Doing Business In China Illegally. Calling A Table A Chair Does Not A Chair Make.

Posted in Legal News

The Compliance in China blog has a really interesting and informative post, entitled An Incriminating Board Decision of D&B in Violation of Chinese Privacy Law.  The post is on a recent China criminal case against Dun & Bradstreet China subsidiary (presumably a WFOE) Shanghai Roadway D&B Marketing Services and key personnel with that company.  The post… Continue Reading

THE China Legal Research Guide

Posted in Legal News, Recommended Reading

I am always getting emails asking for the English language version of this or that Chinese law.  My usual response is to say that I do not know where to find English language versions of Chinese laws because we do all of our research in Chinese. But today I was reminded of an excellent Chinese… Continue Reading

China Contracts And Choice Of Law. Dance With The One That Brung Ya.

Posted in Basics of China Business Law, Legal News

Yesterday, at lunch, a couple of lawyers and I were discussing choice of law provisions.  I know that makes us geeks, but what can I say?  The discussion started when I talked of how I had been receiving an increasing number of “draft contracts” that called for applying “China and US law” to any dispute…. Continue Reading

China Law Reader. Steal This Book.

Posted in Recommended Reading

The number of American law students who speak Chinese is increasing.  The number of American law students who can read Chinese is increasing as well, though that number is considerably less than those who can speak it.  The number of American law students who can read Chinese legal documents with anything approaching their ability to… Continue Reading

Trademark Registration for Companies That WON’T Be Doing Business In China. Do You Want Some Fries With That?

Posted in China Business, Legal News

A few weeks ago, the China Law internet and listserve (yes, we lawyer-nerds still have a China Law listserve) was abuzz with an article on In-N-Out-Burger’s China trademark troubles. Surprisingly, the article was written by a just graduated law student.  I contacted that recent law school grad to request that he do a shortened version… Continue Reading

When In China …. China Labor Law Controls

Posted in Legal News

Just received an email from a friend stating/asking the following (note that I have changed some elements of the email to strip it of any even potentially identifying information): I am heading off again to work for a few years at our China Rep Office.  My new employment contract with the head office says that… Continue Reading

Chinese Business Law Books You Should Own

Posted in Uncategorized

We constantly receive emails from readers seeking our advice on the books they should be reading to better understand China’s laws and legal systems.  I respond to those emails by linking over to the most recent post listing out such books.  Realizing, however, that our last list has gotten a bit long in the tooth,… Continue Reading

How To Write A Chinese Contract That Works. Part II.

Posted in Legal News

A member of our China Law Blog Group on Linkedin left the following comment (modified slightly) regarding Chinese company names, prompting this post: Recently I happened to meet with a Chinese lawyer in Qingdao who told me about how the Province [Shangdong] registers the Chinese name of a company. The companies are registered only with… Continue Reading

How Not To Get Kidnapped In China, Part 3. Resolve Your Debt Problems Before You Go.

Posted in Legal News

Yet another story of an American businessperson being held in China for his company’s unpaid debt. Hate to say we told you so, but we told you so. And more than once (note this is Part 3!) This latest debt-hostage story was brought to my attention by Jeremiah Jenne of rectified.name (a terrific new China… Continue Reading

Providing Service To Chinese Companies. Get Paid Upfront Or Don’t Bother.

Posted in Uncategorized

By: Steven M. Dickinson U.S. consulting companies are increasingly selling their services in China.  This is part of the general trend towards sales into China that we have noted.  In confirmation of this trend, we have recently worked with several U.S. based consultants in selling their services into China. The approach taken by U.S. consultants… Continue Reading

The Apple-Proview China Trademark Litigation. It’s Gonna Settle. Bet On It.

Posted in Legal News

Bloomberg News just came out with a story, entitled, “China Court Encourages Apple, Proview to Settle Dispute,” describing the latest goings-on between Apple and Proview in their fight over the “iPad” name in China: A Chinese court is mediating talks between Apple Inc. (AAPL) and Proview Technology (Shenzhen) Co. in a bid to get the… Continue Reading

China Litigation And Case Acceptance

Posted in Legal News

Though my law firm has been involved in a number of China litigation matters, I was not familiar with how it is that Chinese courts decide what cases to accept.  I know a lot more now, after reading the Chinese Law Prof Blog’s post, “Case acceptance in Chinese courts.” First off, let me say that… Continue Reading

China Employee Contracts And Employee Manuals. Not Optional.

Posted in Legal News

Co-blogger Steve Dickinson wrote an email to a client the other day that nicely sets forth much of what is involved with China employment agreements and with China employee manuals.  Steve sent this email after having completed the first draft of the client’s employment contracts and its employee manual, both of which documents are absolutely… Continue Reading

China Halts Theme Park Construction And Why It Matters To You

Posted in Legal News

One of the few things I dislike about my job is putting the kibosh on a project. I have had to do this many times to foreign companies with China projects that are just not legal. I explain that if the project is illegal under Chinese law, it will always be at risk of being… Continue Reading

How We Really Feel About China, Part III. Chinese Law, And Our Own Blog.

Posted in China Business, Recommended Reading

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

How Not To Get Kidnapped In China, Part 2. Resolve Your Debt Problems Before You Go.

Posted in Legal News

A few weeks ago, a reader e-mailed me with an article regarding the jailing in Shanghai of California businessman Brian Horowitz over a debt he (his company?) allegedly owed a Chinese company. I have been assiduously following the case in the press for many reasons. First, cases like this could prove very important to my… Continue Reading

Why Non Disclosures (NDAs) Alone Are Not Enough For China, Part II. At Least Make It Enforceable.

Posted in Basics of China Business Law, Legal News

This is part II of our series on what are commonly referred to as non disclosure agreements or NDAs. In Part I, “Why Non Disclosures (NDAs) Alone Are Not Enough For China,” we talked about how many companies are using inadequate, off the shelf American NDAs in China. Those agreements are inadequate for three primary… Continue Reading

China Blogs: That’s The way, Uh-Huh Uh-Huh, We Like It, Uh-Huh, Uh-Huh. Part V.

Posted in Recommended Reading

About four months ago, in Part I of this series, I promised we would go through our blogroll and justify and expound upon each blog, five by five. About a month ago, I did part IV of this series. This is the fifth of this slowly running series, where I explain, in alphabetical order, why… Continue Reading

China Joint Ventures Again. This Time We Blame The Victims.

Posted in Legal News

My co-blogger and fellow China Lawyer Dan Harris recently did an interview with AmCham on China joint ventures and a couple of follow up posts, entitled, Love The One You’re With. When China Joint Ventures Make Sense, and The China Joint Venture. It’s BACK!!! We are writing about joint ventures so often these days because we are seeing a… Continue Reading

Your Chinese-American VP Don’t Know Diddley ‘Bout China Law And I Have Friggin Had It.

Posted in Legal News

Before my law firm hires anyone, we make sure they do not have a problem with swearing. Because I do. I know I shouldn’t, but darn, certain swear words are absolutely critical for communication. But when I started this blog, I swore (pun intended) I would strive never to write anything I would not want… Continue Reading

Working With Chinese and Korean Lawyers. The Big Four Issues With Each.

Posted in Legal News

Last year, I wrote an article for the Complete Lawyer, entitled, “Working with Korean and Chinese Lawyers.” I was originally asked to write on working with Asian lawyers in general, but persuaded the magazine to allow me to focus on just China and Korea. I asked for this limitation because I did not believe myself… Continue Reading

Chinese Law Is Not An Ass, At Least For Western Companies.

Posted in Legal News

The Off The Record Blog just did a short, sweet, blunt post on the law in China that is only half right. The post is entitled, the “The Law is an ass and there you have it.” It consists of the following quote from “a prominent Chinese lawyer during a private discussion about China’s new… Continue Reading

Chinese Workers/US Torts — Did I Really Say That?

Posted in Legal News

Pulitzer winning reporter Loretta Tofani has written an article on Chinese factory workers suing US companies for injuries sustained in China. The article is entitled “US Bosses Sued: Victory could be big for Chinese laborers.” Call it the legal follow-up to Ms. Tofani’s superb seven-part series on the health and safety issues Chinese laborers face… Continue Reading