Why a Good Forum Selection Provision is Incredibly Important
Good forum selection clauses make disputes go faster and cost less. A bad forum selection clause can tank your case.
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.
Does U.S. Trademark Law Apply Worldwide?
The United States Supreme Court has agreed to hear a trademark infringement case arising under the Lanham Act that has huge implications for manufacturers and sellers of products based outside the U.S. The case is Hetronic International, Inc. v. Hetronic Germany GMBH, et al. The case arises from a $114 million judgment for an industrial
Exit Ban Risk When Doing Business in China – Hold ‘Em, Fold ‘Em or Return?
Go to China and get held hostage? Who knew? YOU DID.
Private Equity Deals Involving China Assets: Lawyers and Rep & Warranty Insurance
PitchBook reports that even though 2022’s dry powder was lower than in either 2020 and 2021, a significant amount of capital has been deployed and remains to be deployed, including in deals involving Chinese companies and assets in China owned by U.S and non-Chinese companies. We know this because we are part of some of
Dealing with the Web3 Crypto Winter: Winners and Losers
For the past many months, I have taken a few calls and meetings each week from web3 entrepreneurs and others involved in the blockchain industry, such as lawyers and accountants whose clients need special expertise. As a transactional attorney, I get a unique perspective on the blockchain industry because I am generally on the front
Doing Business Internationally: The Legal and Tax Effects
You should involve an international business lawyer and an international accountant or CPA as soon as you begin thinking about expanding abroad to a new market. Many lawyers and accountants would prefer to have a 20 minute conversation at your early stage to help you avoid many obvious and immediate issues rather than receive a frantic call six months later when you have run into trouble. You should get comfortable with asking these types of questions as early as possible.
Some Hope For the Future After Meeting China’s #3 Diplomat in the U.S.
Recently, I was fortunate to attend a World Trade Center Utah event attended by Minister Jing Quan, the number three-ranking Chinese diplomat in the U.S. This was the first visit by a high-ranking Chinese official since the imposition of the "Trump tariffs", after which a massive delegation of Chinese officials descended on Salt Lake City
Private Equity Deals Involving China Assets: Due Diligence and Normal Noncompliance
Even though China private equity (PE) activity has cooled down (see here and here), our law firm has even this year been involved in many U.S. PE transactions involving China entities, employees, and assets. These deals are typically conducted at the U.S. entity level between two private equity groups, with the seller in each instance
China's Blockchain Developments and Opportunities
Blockchain technologies are inherently international, and China has had its share of news lately. I have spoken on China and web3 from both business and national security perspectives. These new technologies present challenges and opportunities both inside and outside China. This post focuses on the for-profit blockchain developments and opportunities in China.
Who is Still Doing Business in China?
For the past several months we have been engaged in many transactions relating to China with companies still doing business in China. These companies recognize both the business opportunities and the business risks. (Those who do not fully understand the risks are still doing their business deals without the help of a lawyer on the front end, which means we usually hear from them when something has gone wrong.)