Why NDAs Fail in China: Use an NNN Agreement Instead A few years ago, in The Power of China-Specific NNN Agreements, I explained why China NNN Agreements are so important when doing business with China. Within a few hours of that post, one of my law firm’s China lawyers pointed out that if we are
In Cashing in on Internet Censorship, CNN News writes how VPN companies is booming, thanks largely to China. The article discusses how “foreign companies are profiting from software that allows circumvention of government internet controls.” The article quotes one of my law firm’s international attorneys on how businesses that offer firewall avoidance software in China are
China is watching you. I am convinced about 99.99% of all emails go through. But for me, that means at least a few of the emails I send each week will not reach their destination. If I do not hear back from someone quickly, I assume they did not get my email and I send
Just got the below comment (#63 on our post, China: First Let’s Clear Out The Long Time Foreigners) posing important questions and leaving hanging some common misconceptions about doing business in China: So here’s my question albeit already bounced around but no solid answer given…. JV or WFOE for a new foreign company launching in
On January 1, 2006, China implemented its New Company Law. At around that same time, Steve Dickinson wrote a scholarly article on the new law for the Pacific Rim Law & Policy Journal, entitled, Introduction to the New Company Law of the People’s Republic of China. At around the same time, Steve wrote the China
There usually is one right way for businesses to act legally in China and if you are a foreign company, your best bet is to know and follow Chinese law. One of the problems businesses face in China is too many laws, some of which conflict with others. In Do Too Many Rules Erode the
The Matt Schivenza blog has a new post, Foreign Woman Removes Top At Beach in Qingdao, Causes Major Disturbance. [link no longer exists]. Matt’s post tracks what I was talking about this morning with a client: not nudity, but rule of law, and how foreigners that do business in China often misunderstand misperceive what China
If one of our clients owes money to a Chinese company and it cannot pay all its creditors, our international dispute resolution lawyers recommend they pay the Chinese company last because the Chinese company will likely never sue to recover. I am NOT advocating not paying debts to Chinese creditors, but I am saying that
Comparing Korea and China Lawyers A post like this has to generalize a bit, and there are exceptions to everything I say below. However, having worked with dozens of law firms in both Korea and China, I have noticed the following four problems when dealing with lawyers from these two countries: KOREA LAWYERS 1.Non-responsiveness is
Depositions in China You are a litigator preparing a case in the United States. Your case is in the discovery phase and you want to depose a key witness located in Mainland. This witness is either unable or unwilling to come to the United States, and so their deposition must be taken in China. How
