China Law Blog
China Employer Rules and Regulations: A Must Have No Matter Your Size
China employer rules and regulations are necessary for small as well as large companies
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China Law Blog
Manufacturing in China: Minimizing Your Risks by Doing Things Right
This very long post aims to provide an overview of the challenges of manufacturing in China, as well as strategies for minimizing risks and maximizing opportunities. It outlines the administrative and regulatory requirements, process and production challenges, and specific cultural and market-specific risks.
China Law Blog
China Employee Problems Rising
China employee problems are increasing. We explain how to prevent such problems from occuring and how to nip them in the bud when they do.
China Law Blog
How to Calculate Your China Risks
As the Chinese government continues to expand its power and get more concerned about its slowing economy and how it is viewed by its citizens, it just keeps getting tougher on foreign businesses that are not 100% abiding by its laws.
China is right now in one of its perpetual crackdowns on foreign companies doing business in China. This makes now a good time for foreign companies doing business in China or with China to determine their China risks.
The following questions are a good starting point for making that calculation.
China Law Blog
Is Your China Contract Worthless?
Pretty much every week, at least one of our China lawyers will — after a five minute review — have to tell a potential client their contract is worthless. We see all kinds of worthless contracts. NDA and NNN Agreements, Manufacturing Agreements, Licensing Agreements, Distribution Agreements, Product Development Agreements, Employment Agreements. It goes on and on. And as tempted as I am to ask why these companies would think a US law contract that calls for disputes to be resolved in Boston or Des Moines would make sense in China, I always refrain from doing so, and I have seen some doozies, including the following:
China Law Blog
China Employment Contracts With Enforceable Provisions
If you are a China employer, you need written employment contracts with enforceable provisions for all of your China employees. But merely putting the terms and conditions regarding the employment relationship in writing is not sufficient to protect you. An unenforceable employment contract or even an unenforceable provision in an otherwise well-written employment contract can hurt you as the employer.
China Law Blog
Best Practices for Tech Companies When Dealing With China
Recently I sat in a presentation with some executives who were sharing best practices for tech companies when dealing with China and the world generally. These were companies that had great success at home and abroad but not surprisingly found China a more difficult market to tackle. Here are some of their tips, along with
China Law Blog
Foreign Legal Matters: Think Different
My goal with this talk was never to explain the laws in various countries so that they could handle all of their clients’ foreign legal matters. More than anything, my goal was to get the lawyers in the audience to (with apologies to Apple and to grammarians everywhere) think different. I wanted to get the lawyers in the room (and I mean this literally, these talks being pre-COVID) uncomfortable about representing companies on foreign legal matters. I wanted their discomfort to get them not to lazily assume things.
China Law Blog
Personal Liabilities Stemming from China WFOE Closures
China WFOE Closures Are Increasing China WFOE closures/shutdowns are rising due to China’s economic slowdown, its deteriorating relations with the rest of the world, and the difficulty and risks of sending people to China. There is an old saying about how lawyers do well in good times and in bad times, just not in times
China Law Blog
China Employer Rules and Regulations: Now is the Time
The best time for implementing a set of China employer rules and regulations is when your China entity is being formed and you start recruiting employees. This allows you to have your first group of hires sign off on your employer rules and regulations and ensures you are fully covered. Our China employment attorneys recommend a yearly audit of every China company’s employment documents (including their rules and regulations) to ensure they are up to date with all legal and company and employee changes.