China contract drafting

The Best Way to Send a Draft Contract to Your China Counterparty

The other day I cleaned up and revised the various email templates our China lawyers sometimes use to answer frequently asked questions sent to us by our clients and potential clients. One of the common questions we get from clients is on how to send to the Chinese side of a deal the contracts our

How to leave China

A Resounding Maybe on Fleeing China

In China, the United States and the New Normal, I called the US-China trade war the “New Normal” and I predicted a “diminished future for foreign companies” manufacturing in China. I also said that since "the inception of the US-China trade war we have been saying that we do not see its end because we

Friendshoring. Moving manufacturing from China friendshoring

China Plus One is Getting Real

In 2014-2015, China Plus One was all the rage, and everyone (including us) was talking about the risks of companies putting all their eggs in one "China basket." It was determined a China Plus One strategy was the way to counter those risks. This strategy involved companies having some/most of their products made in China,

international contracts that work

International Contracts That Work

Lawyers love to jab at each other, especially when we are friends and operate in different jurisdictions or different practice areas. Recently a litigator friend said to me, “Don’t transactional lawyers just cut and paste? It looks really easy.” I replied, “Don’t litigators just argue about pointless things?” This willful misreading of each other’s skills

China Lies and spies

China Spying: It's Everywhere

You have almost certainly heard by now that there is a massive Chinese spy balloon currently hovering over U.S. airspace in violation of international and U.S. law. Or if you actually believe the CCP, it is merely a weather balloon that went very far off course. 1. China's Spy Balloon Will Worsen China's Relations with

Foreign Entrepreneurs in China

Helping New Entrepreneurs Understand Today’s China Business Environment

I have recently spoken with many entrepreneurs still growing their businesses in the United States. When I talked with them about their international plans, many were interested in expanding internationally, but lacked a viable roadmap and resources for doing so. As they learned about my expertise in China and greater Asia, our discussions coalesced around

China Trademark Protection

Bad Faith TM Applicants, Bad News

The China National Intellectual Property Administration (CNIPA) has published a draft revision of the country's Trademark Law and called for comments from the public. In our first post on the potential implications of the revised law for international brands, we looked at proposed changes to the definition of what constitutes a trademark and the absolute

International Cease and Desist Letter

Cease and Desist Letters to Protect Your IP: Just the Facts and Law

My law firm often gets calls from companies alleging "a company is selling their product under their trade name on Amazon" and asking us to send a cease and desist letter "right away" to get that company to stop violating their IP. Our typical response is to say it is seldom a good idea to

Chinese factory negotiating

China's Business and Negotiating Culture: Good Luck with That

A client yesterday emailed me an article he had saved since 2007 and in his email he remarked how "when it comes to dealing dealing with Chinese businesspeople nothing ever changes." I am not so sure nothing changes, but I am sure that what this article describes about dealing with China has not changed much,

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