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
Tag Archives: Chinese Law
Chinese Business Law Books You Should Own
Posted in UncategorizedWe 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 NewsA 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 NewsYet 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 UncategorizedBy: 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 NewsBloomberg 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 NewsThough 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 NewsCo-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 NewsOne 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 ReadingThis 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 NewsA 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 NewsThis 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
Your Chinese-American VP Don’t Know Diddley ‘Bout China Law And I Have Friggin Had It.
Posted in Legal NewsBefore 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 NewsLast 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 convinced 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 NewsThe 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 NewsPulitzer 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
China Lawyer Ethics — Perils And Pitfalls For Foreign Companies
Posted in Legal NewsBrad Luo over at the China Business Law Blog recently did a two part series on legal ethics in China. Bear with me here people, because this post is highly relevant to anyone who uses or is thinking of using a Chinese lawyer or law firm. The first of Brad’s posts is entitled, “Time to… Continue Reading
Foreign Partners In China Crime Do The Time
Posted in Legal NewsYet another great post by Andrew Hupert over at the Chinese Negotiation/Negotiating in China Blog, entitled, “Negotiating in China: Partners in Crime. ” [link no longer exists] The post is on how foreign companies doing business in China must avoid engaging in illegal acts just because they are asked to do so by their Chinese… Continue Reading
Nude Web Chats Quite Revealing On State Of China Law
Posted in Legal NewsArticle over at MSNBC.com entitled, “China law blind to nude Web chats: Charges dropped on woman using a Web cam in the buff,” gives an interesting peek into China jurisprudence. Article is on how Chinese prosecutors were forced to drop a case against a housewife who had organized online nude chats, after discovering no Chinese… Continue Reading
China Law and Governance Review Resumes Publication
Posted in Legal NewsThe China Law and Governance Review has resumed publication (h/t to The Chinese Law Professor Blog). This online magazine (with plans to add a print version) published a couple issues back in 2004 and then ceased. It describes itself as follows: As a keen observer of China, we think that you will find the China… Continue Reading
Beware The China Joint Venture
Posted in Legal NewsRegular readers of this blog know I am not a big fan of Chinese joint ventures. Though they are sometimes required under Chinese law for entry into China and they are also sometimes a near necessity for business reasons, they should generally be avoided if possible. Some incidents over the last few months have really… Continue Reading
Goodbye Asia Business Law, Hello China Speed
Posted in Recommended ReadingOne of my favorite blogs, the Asia Business Law Blog just shut down in a sea of recriminations between its four bloggers. This is truly a shame as I came to count on that blog for insightful and hard hitting analysis on China and other Asian countries, particularly Vietnam, Mongolia, and Myanmar/Burma. I linked over… Continue Reading
China: Protecting Gucci Handbags On $24 A Month
Posted in Legal NewsChina Business Blog just ran another in its “Don’t Quote Me” series of posts and, once again, it’s a good one. This quote is from Ekkehard Rathgeber, President of Bertelsmann Direct Group Asia, regarding the views of rural Chinese government officials on enforcing intellectual property rights: ‘My people are poor; people in western China are… Continue Reading
China’s Child Custody Laws: Dual Nationals Beware
Posted in Legal NewsNot sure if the U.S. State Department’s page on China’s handling of child abductions was just revised, but it just showed up as new on a search, and new or not, it warrants a post. The State Department website is a great source for basic information regarding Chinese law and its page on Chinese court… Continue Reading
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