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Tag Archives: Chinese lawyers

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

When NOT To Fire Your “China Guy.”

Posted in China Business

Went to dinner with a Shanghai friend the other night.  This is someone who has been living in China nearly twenty years and speaks fluent Mandarin and Shanghainese.  This is a “China guy” who really knows China. A couple of his stories resonated.  One was about how his best client fired him.  Here’s that story…. Continue Reading

On Getting Chinese Clients. A Call For Help.

Posted in Uncategorized

Ancient as it may seem, this blog still has around 1,000 people who read us via email.  Many of those readers have been subscribing virtually since our inception in January, 2006.  What I have always liked about email subscribers is their ability to respond directly to us (and our posts) simply by writing a responsive… Continue Reading

China Hostage Situations. More Common Than Most Think, But Not Really A Big Issue.

Posted in China Business, Legal News

The mainstream media has given massive coverage to workers in China holding Chip Starnes, the president of an American company, hostage for alleged non-payment of wages.  Just as we usually do whenever a hostage taking hits the press, we ran our own blog post, The Single Best Way To Avoid Being Taken Hostage In China, setting… Continue Reading

Your China Contract Should Be In Chinese. Here’s Why.

Posted in Basics of China Business Law, Legal News

It is widely believed by American lawyers that their clients should do whatever they can to avoid finding themselves in a Chinese court.  This widespread belief is usually wrong.  It is usually wrong because most of the time it is the American company that will want to sue the Chinese company, not vice-versa. That being… Continue Reading

China’s Views On Investment. Part II. Joint Ventures.

Posted in China Business

By: Steve Dickinson This post is Part Two in our two part series on how Chinese companies typically view investments and how this view impacts Western companies that invest in Chinese companies, and even how this can impact all companies doing business in China. As I explained in Part One of this series, Chinese companies simply do… Continue Reading

Judicial Reform In China And Its Impact On Foreign Investment. Part Two, The Criminal Side.

Posted in Legal News

By Steve Dickinson This is part two of a series on a White Paper on Judicial Reform in China just published by the PRC State Council Information Office. The purpose of the White Paper is to provide a snapshot view of the progress of legal reform in China over the past ten years. This White Paper provides insight into… Continue Reading

How To Handle Chinese Negotiating Tactics. Part Four Of Three.

Posted in China Business

This is part four of our three part series on how to negotiate with Chinese companies.  Yes, you read it right. Part four of three. How To Handle Chinese Negotiating Tactics, part one is here, part two is here, and part three is here. We originally planned a three part series, but when a reader… Continue Reading

China Due Diligence. Review The Chinese Company Seal Cause It Matters.

Posted in China Business, Legal News

Nearly a year ago, we wrote about the importance of including “seal confirmation” in your China due diligence: One of our recurring themes is the need for due diligence when working on any business matters in China. Most foreign companies think of due diligence only when they are planning to make an investment. Most companies… Continue Reading

Litigation And Arbitration In China. No Surrender. Ever.

Posted in Legal News

My firm has been gearing up for a couple of CIETAC commercial arbitrations against Chinese companies and one thing we can state with near certainty is that neither will settle. The reason for this is Chinese companies virtually never settle their in-country litigation matters. In the United States, something on the order of 97% of… Continue Reading

Your Chinese Lawyer. Trust Yet Verify?

Posted in Legal News

Got an email recently from someone who had contacted me months ago regarding a potential litigation matter against a Chinese company. The case was not terribly complicated and so I recommended this person secure local Chinese counsel, particularly since he spoke Mandarin.  The new email was an update and the news was not good. Seems… Continue Reading

How To Choose Your China Attorney. Quality, Quality, Quality.

Posted in Uncategorized

Co-blogger Steve Dickinson and I recently wrapped up a China law suit. I would love to be able to provide full details, but I need to give some distance to the case before I can do that. The Chinese law firm with which we worked did an absolutely fabulous job and it deserves massive credit…. 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

China Lawyer Ethics — Perils And Pitfalls For Foreign Companies

Posted in Legal News

Brad 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

Five Tips For Doing Business In China And No Guanxi

Posted in China Business

In a post entitled, So you want to move to China, over at the Silk Road International blog, David Dayton sets out five good tips for doing business in China. The post starts out with Dayton talking about having attended a U.S. wedding where “just about everyone” asked him if they “should move their business into… Continue Reading

How To Get Free Product From China: Just Don’t Pay

Posted in Legal News

Great article in Asia Times by Olivia Chung, entitled, China’s debtors not paying up, on the terrible job Chinese companies do in collecting on their international debt. There are countless stories out there (including in this blog) of foreign companies sending money off to China for product that never comes. This article is essentially the reverse:… Continue Reading

URGENT ALERT: Register Your Company In China NOW, Part II

Posted in Legal News

Three months ago, after hearing of mounting Chinese governmental efforts to crack down on unregistered foreign companies doing business in China, we issued our first and only “urgent alert.” This is the same alert, but for different reasons. Last time we warned about the Chinese government increasingly cracking down on unregistered companies. We have now… Continue Reading

How To Handle China Rising: Why Can’t We Be Friends Or And Oregon Shall Lead Us

Posted in China Business

Post over at the Dave Porter Blog (whose tagline is “Connecting State Educational Policy to Foreign Policy – Expanding Mandarin programs and sending students to study in China”) consisting of a letter to Oregon’s State Senate calling on Oregon to expand its Mandarin language programs to make Oregon “a player in the global economy.” To… Continue Reading

China’s 2008 Olympic Games, Lung Cancer, The Rule of Law, And Blaming It All On The Lawyers

Posted in Legal News

This month’s Knowledge@Wharton newsletter has an interesting article on the impact Beijing’s pollution might have on the 2008 Olympics. The article focuses on the fear (both within and outside China) that the Olympics will be bogged down by Beijing’s pollution. There is a section within the article, entitled, “Weak Legal System,” in which Eric W. Orts,… Continue Reading

China Law Evolving — Businesses Take Note, Part IV

Posted in Legal News

China’s globalization is influencing its laws and its law enforcement. What this means for foreign companies doing business in China (and hence the title of this series) is that China’s laws and law enforcement are evolving towards the West. In previous posts in this series (here, here, and here), we talked about  Chinese courts issuing… Continue Reading

Chinese Litigation: Why Forsake The Thrill Of The New?

Posted in Legal News

A couple weeks ago, an American company contacted us about representing them before the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing.  The American company claimed to be owed hundreds of thousands of dollars by a Chinese company that had failed to make final payment on a large piece of industrial equipment.  The… Continue Reading

China’s Courts Are Fair, Part II

Posted in Legal News

Yesterday, Ben Kostrzewa, a summer associate at my law firm, sat in on a trial at the Qingdao Maritime Court.  Here is his report: I [Ben] grow increasingly skeptical of the criticisms Chinese courts receive in the United States, particularly from academics.  Foreign scholars who, by law, cannot appear before a Chinese judge, rely on… Continue Reading

China Law — Change Is The Only Constant

Posted in Legal News

Interesting article in the most recent Harvard Law Bulletin, entitled, “Why China?“  Article is an interview with Harvard Law Professor William Alford on the development of China’s legal system.  Professor Alford knows whereof he speaks. Professor Alford talks about how “China is engaged in the most extraordinary effort at legal development in world history —… Continue Reading