Cautionary China Tales and Key Strategies Doing business in or with China comes with hidden risks, but due diligence can mitigate them. This post explores real examples of overseas missteps, the importance of safeguards, and the key steps you should take to ready your organization for new territories. As companies reconsider their China strategies, it’s
China Employment Documents Let’s face it, navigating China’s employment laws and regulations is challenging. From stringent contract requirements to unusual policies on probation periods, vacation time and more, understanding and adhering to China’s local employment practices is pivotal yet complex. This article provides foreign employers an in-depth guide on effectively creating employment documentation in China.
China Arbitration This post offers hands-on advice for crafting arbitration clauses in contracts with Chinese entities Chinese firms, particularly State-Owned Enterprises (SOEs) where the government holds substantial control, typically resist signing contracts unless they provide for disputes to be resolved within China. Depending on the circumstances, seeking resolution in a Chinese court might be favorable,
The Power of Well-Crafted China Contracts In The High Cost of China Contract Mistakes, I discussed the importance of having the right person craft your China contracts. I am often asked (usually right after I quote our fee) whether a China contract I am proposing to write “is even enforceable in China.” I always give
Chinese Employment Law Complexities Employers in China, (especially foreign employers) face myriad, complicated and hyper technical local employment laws. This often means that one small employer mistake can lead to big and expensive problems. As much as we wish all our employment law clients would first come to us requesting we audit their employment program
If you have a foreign subsidiary, you need to protect your intellectual property (IP) and company policies with tailored employment agreements. Otherwise, you risk losing valuable assets, facing legal disputes, and damaging your reputation. In this post, we’ll show you how to create an effective overseas subsidiary employment agreement package that covers all the essential
As the China-US geopolitical environment continues be problematic, our clients and prospective clients have pivoted from joint venture relationships to distribution and similar licensing-type relationships. This is not a one-sided trend. We are seeing an increase in these distributor relationships going both into China and out of China. From the questions we receive, we see
With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business
China Representative Offices Is your company considering setting up a Representative Office in China? You will likely find that the process is not as easy as it used to be. In many cases, plans for a Chinese Rep Office result in creating a Wholly Foreign-Owned Enterprise (WFOE), which is one significant step beyond a Rep
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
