Dan Harris is a founding member of Harris Sliwoski, an international law firm where he mostly represents companies doing business in emerging market countries. Most of his time is spent helping American and European companies navigate foreign countries by working with the international lawyers at his firm in setting up companies overseas (WFOEs, Subsidiaries, Rep Offices and Joint Ventures), drafting international contracts, protecting IP, and overseeing M&A transactions.
In addition, Dan writes and speaks extensively on international law, with a focus on protecting foreign businesses in their overseas operations. He is also a prolific and widely-followed blogger, writing as the co-author of the award-winning China Law Blog.
A China Legal Checklist for Foreign Businesses This post examines ten key legal areas that often present hurdles for foreign companies in China. Most importantly, it provides basic and concrete recommendations on how to deal with China’s legal landscape and avoid costly missteps. Mastering compliance across the following ten critical domains is essential for foreign
China Dispute Resolution Clauses The dispute resolution clause in your international contract can dictate the ease, cost, and effectiveness of resolving disagreements. This post addresses a specific case where my law firm’s China lawyers were tasked with reviewing a China supplier contract for a client, and in doing so, shed light on dispute resolution clauses.
Beware the China Mutual NDA 1. A China Mutual NDA Will Not Help YOU Should I Sign a Mutual NDA With a China factory? Our international manufacturing lawyers get this question once a week, which is up from maybe once a year only a few years ago. Our usual answer is no, because these agreements
Cautionary China Tales and Key Strategies Doing business in or with China comes with hidden risks, but due diligence can mitigate them. This post explores real examples of overseas missteps, the importance of safeguards, and the key steps you should take to ready your organization for new territories. As companies reconsider their China strategies, it’s
Rethinking China Operations: Third-Party Hiring Agencies As foreign companies reduce their China operations to minimize risk, they often turn to third-party hiring agencies to staff projects without a local entity. But relying on these dispatch firms creates a major vulnerability: loss of valuable IP if specific protections aren’t in place. This post delves into how
China Distribution Contracts The Evolving Landscape of Doing Business in China Over the past few years, China’s changing political, economic, and regulatory landscapes have posed increased challenges for foreign businesses. From escalating trade tensions to regulatory clampdowns, businesses have been navigating a minefield of risks in the country. These uncertainties, compounded by the global shift
Many moons ago, an American company contacted my law firm wanting to sue its Chinese joint venture partner for having “clearly” violated their joint venture agreement. We looked at their case and advised them that we would not be willing to take on the case because we believed they did not have a good case.
Collecting Judgments Against China: Navigating Bilateral Treaties, US Judgments, and International Conventions In today’s globalized economy, businesses frequently find themselves in transactions spanning multiple countries, with inherent risks of international disputes. When disputes arise with Chinese entities, understanding the process of enforcing and collecting judgments against Chinese companies becomes crucial. China’s unique legal landscape, coupled
How To Avoid Paying a Chinese Manufacturer That no Longer Exists Nearly All China Problems Are Preventable Nearly all problems foreign companies face involving China are neither new nor unpreventable. Put another way, when a foreign company comes to one of our China lawyers with a China legal problem, we almost invariably can find a
Fighting China IP Infringement: The Power of Cease-and-Desist Letters With IP infringement in China rising amid geopolitical tensions and China’s sinking economy, many companies are scrambling to protect their intellectual property. But legal action can be slow and expensive. Well-crafted cease-and-desist letters can often provide a faster, more affordable recourse. My law firm’s international IP
