Before I explain what to do if arrested in China, I should set out the following "whys" behind this post: 1. Foreigners get arrested overseas all the time. Not just in China. 2. Foreigners get arrested all the time in China, for all sorts of things, including for things that would not be crimes in
Yesterday, in Would the Last Foreign Company in China Please Turn Off the Lights, Part 2, I discussed the recent arrest of Meng Wanzhou and Chinese government threats by the Chinese government against the United States and Canada for that arrest. A lot has been written about how China may retaliate against US and Canadian
My law firm's China company formation lawyers are often asked about the steps it takes to form a China WFOE. So often, in fact, that we long along drafted a stock response to that question. Figuring this response would be helpful to our faithful readers, I am running it below. Please note that the below
On September 5, 2018, the PRC National People's Congress issued a new draft of Several Sections of the PRC Civil Code (the "Draft") for public comments until early November. The Draft would provide heightened protection against sexual harassment on a national level and would also impose more obligations on China employers. Below are a few highlights
China Law Professor Donald Clarke sent me a great article this week from New York Magazine, entitled, How China Drove Out Mister Softee. Professor Clarke's email with the link said the following: Thought you might like this. Interestingly, it is NOT a story of “guy skirts rules, naively trusts Chinese partner, gets screwed.” It’s “guy does
Though we've written about this many times previously, I'm writing about it again today because my law firm's China lawyers have been seeing a lot more of this lately, especially as against European companies. We have been getting a number of emails lately from companies asking us if what their Chinese counter-parties are asking them
In the past few months, our China lawyers have been seeing something new and troubling with China licensing agreements. Before I explain, let me step back and give a bit of history. This post is important so please stay with me. In a typical China licensing deal the foreign licensor grants the Chinese licensee the
Not surprisingly, our China lawyers are seeing a massive increase in foreign companies seeking to reduce or eliminate their China ties. Many are seeking to terminate their relationship with their Chinese suppliers and move production elsewhere (so far, it's been mostly to Vietnam, Taiwan, Poland, Thailand, Mexico, Brazil, India and Malaysia). The other day I
If I were to list the ten biggest/most common mistakes my law firm's China lawyers see, not forming a China subsidiary when necessary and forming a China subsidiary when not unnecessary would both be on that list. We write constantly about the risks of doing business in China without a subisidiary. See Doing Business in
With the recent onslaught of tariffs, our international manufacturing lawyers are increasingly drafting manufacturing contracts for Asian countries beyond China. In the last few weeks alone, we've drafted manufacturing contracts for Vietnam, Malaysia, Indonesia, Taiwan, and India. We also have seen a noticeable uptick in our Mexico contracts as well. One of the issues our
