The China Law Blog focuses on the practical aspects of Chinese law and how it impacts foreign companies that do business in or with China. The goal is to help readers understand what works and what does not work and what businesspeople can do to use the law to their advantage. China Law Blog's aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
Our clients are always asking us how they should set the employment term -- especially the initial employment term -- in their China employment contracts. The short answer is the typical lawyer answer: it depends on the situation. This being said, for new employees, our China employment lawyers usually recommend a three year initial term.
The real economic threat posed by the US-China trade war is not tariffs. The real threat has always been the U.S. government prohibiting product sales to China and product purchases from China and focus on the tariff issue misses this. As we wrote in Who Pays the Tariffs on China Imports? there are various things companies
Image by Ixocactus In a series of recent posts, we discussed how the media and many commentators have wrongly ascribed great things to the new PRC Foreign Investment Law. See New China Foreign Investment Law: Not Good News, China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and China Approves New
Most of my China employment work is for employers, but in the last few years, my work representing expat employees keeps rising and it now equals roughly ten percent of my China employment practice. This increase in expat employment law matters is due to two things: Chinese companies are hiring more expats, and word has
Contents of this Article Implications and Practicalities of China's E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China's New E-Commerce Law? Impacts on Foreign Brands Selling to China's Consumers via Cross-Border E-Commerce Implications
1. China's New Foreign Investment Law Under U.S. pressure, China recently adopted a new Foreign Investment Law 中华人民共和国外商投资法 ("FIL") that had been under discussion for several years. Many believe this law will lead to foreign invested enterprises being treated the same as domestic Chinese private businesses. Unfortunately (and not surprisingly), the existing system that limits
1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei's U.S. subsidiary under the direction
1. Chinese Investment in U.S. Businesses is Down 95% Mergermarket, just published its global M&A report for 2018, revealing that investments from China in U.S. businesses fell by 95% as compared to 2016. A summary of the data in the Report shows the following: 1. Worldwide M&A activity was strong in 2018. "The transactions that
Robert Walsh, sometime Seattle resident and long-time friend of our law firm (we have worked on a number of Asia deals together and we — Dan and Steve — met up with him on our last trip to Myanmar), has spent the last four years in Myanmar, where he operates a vibrant business consultancy. Robert
I wrote the below post regarding the Qingdao Film Metropolis project in April of 2018. After we ran the post, I received threats of legal action and of violence against both me and my family. That led us to take the post down but now that Wanda has completely pulled out of the Film Metropolis
