US ChinaTrade Policies

US-China Decoupling: Yes, No AND Maybe So

In a few weeks I will be testifying before the U.S.-China Economic and Security Review Commission, and this is causing me to become a bit obsessed with US-China terminology. It is also making me increasingly tired of talking about “decoupling” and “cold wars” when there seems to be no clear definition for either. 1. On

China domain name scams

China Domain Name Scams

China Domain Name Scams If your company has done anything in China (even just sending someone there to meet with a supplier), you have probably received a somewhat official-looking email offering to “help” you stop someone from taking your domain registry in China or maybe somewhere else in the world. Picture this: Your company finally

Hong Kong for business

Hong Kong is Over and We Told You This Would Happen

On August 13, 2019, in Hong Kong for International Business: Stick a Fork in It we made clear Hong Kong would soon cease to be an international business center and companies needed to consider moving out. To say this generated anger would be an understatement. In comments, I was called a “turd”, “hopelessly naive” someone

China demand letter from lawyer

Demand Letters to Chinese Companies

Demand Letters to Chinese Companies Demand letters have become so common in the United States they seldom have the desired effect. Consequently, many lawyers have stopped sending them, believing you should always sue first and discuss settlement later. For firms that still use them, demand letters are generally sent to attempt to resolve payment or

China Trademark Law

China’s Well-Known Trademarks: A Primer

Well-known trademarks enjoy protection under Chinese law. This protection is the closest China comes to protecting unregistered trademarks. However, the circumstances under which such protection is afforded are limited, given that the standard for a trademark being considered well-known is exceedingly high. To illustrate just how stringent the standard can be, consider a situation I

Ten Things to do to succeed in International business

Ten Keys to International Business Success

Many years ago, a Spanish client sent me a U.S. Government list of what the government called “Essential Advice for Doing Business Overseas.” That article no longer exists, but I came across the email where the client and I discussed the list and I am reprising it below, along with some of my own comments.

Web3 and blockchain

China (and Other Nations) May Be Winning the Blockchain Race Against the U.S.

I recently read a great article in Politico by Brandon Possin, a U.S. foreign service officer (and friend of my colleague Fred Rocafort) who is currently stationed at the U.S. embassy in Tokyo. Possin also has significant blockchain-related credentials. In U.S. Diplomat to Washington: You’re Becoming Obsolete in One Big Area of Tech Policy, he

China foreigner and dual national arrest risk

How to Assess Your Personal China Risks

With the recent slew of foreigner arrests in China for what many assume to be political reasons, the number of clients asking me about the risks to their employees in China has soared. This post is meant to help quantify the arrest/seizure risks to foreigners in China. 1. China as One Giant Casino In How

Banning TikTok

TikTok for Tat

TikTok has been in the news a lot lately, especially since its CEO Shou Zi Chew’s contentious testimony before the U.S. House Committee on Energy & Commerce. Americans are responding by asking different questions. Some, presumably including most of those who enjoy, and perhaps even create, TikTok content, ask, “Why are we whipping ourselves into

forced labor sanctions

Staying On Top of the Uyghur Forced Labor Prevention Act

The past couple of weeks have seen a flurry of important Uyghur Forced Labor Prevention Act (UFLPA) developments. This post flags the things importers need to know now in a way that links back into the bigger picture of what importers need to be doing to achieve UFLPA compliance. Let’s start with the latest UFLPA