China software licensing agreements

China Employment Contracts and the Employment Term

Our clients are always asking us how they should set the employment term -- especially the initial employment term -- in their China employment contracts. The short answer is the typical lawyer answer: it depends on the situation. This being said, for new employees, our China employment lawyers usually recommend a three year initial term.

Huawei Sales Ban

The Huawei Sales Ban

The real economic threat posed by the US-China trade war is not tariffs. The real threat has always been the U.S. government prohibiting product sales to China and product purchases from China and focus on the tariff issue misses this. As we wrote in Who Pays the Tariffs on China Imports? there are various things companies

China job offer letters

China Employment Offer Letters: Compliance is Mandatory

China Employment Offer Letters are Not Mandatory China employers often want to extend an employment offer letter to their potential new hires to prove they are serious about bringing them on board. Some candidates expect or may even request an “official” offer letter from their potential employer. This is understandable. However, offer letters are neither

Doing business in China

Why NOW Is a Good Time to Double Down on Doing Business IN China

1. Things are Bad Between China and the West In yesterday's post, Doing Business in China or with China: It’s All Good, I talked about how we would try to move away from focusing so much on declining relations between China and the West and focus more on China's business opportunities, of which there are still many.

US China Cold War

The US-China Cold War Starts Now: What You Must do to Prepare

1. Worsening US-China Relations Should Be No Surprise Since the very beginning of US-China trade negotiations, we have been unequivocally negative on the likelihood of a deal and we have taken huge amounts of heat for that, via hate e-mail, online, and even from some of our own clients who accuse us of being too

China USRelations

The US-China Trade War: Winter is Coming

1. China has Broken its Promises to Open Its Economy I've had a front row seat to China for well over a decade. My law firm started this blog in January, 2006, and we were representing foreign companies in China and the rest of Asia long before that. When we started this blog we were

international litigation lawyers

How to Leave China Safely

1. Western Companies Want to Leave China and Are Leaving China  The Wall Street Journal ran a front page article last week on American companies seeking to reduce their exposure to China. This article, Trade Deal Alone Won’t Fix Strained U.S.-China Business Relations, reinforces what we have been saying for months about how American and

China's new foreign investment law

China's New Foreign Investment Law Benefits: Like Putting Lipstick on a Pig

Image by Ixocactus In a series of recent posts, we discussed how the media and many commentators have wrongly ascribed great things to the new PRC Foreign Investment Law. See New China Foreign Investment Law: Not Good News, China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and China Approves New

China contract jurisdiction

Our Secret List of Really Bad Manufacturers Around the World

1. We have no such list. Sorry. Pretty much every week, someone writes one of our international manufacturing lawyers to: a. Ask about a particular overseas manufacturer; b. Complain about a particular manufacturer and to ask us to tell our blog readers about this company or report them to such and such government or embassy

For Sale Sign

Selling Your China WFOE: Yeah, That's the Ticket

1. Selling a China WFOE In the last year or so, our China lawyers have been seeing a steady increase in emails from people inquiring about selling their China WFOEs. I have gotten three or four of these in the last month alone, including the following one this week, which is fairly typical: I have

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