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
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
I love when blog posts come pre-written. In cleaning out old emails today I found one from one of my law firm’s international dispute resolution lawyers to a Canadian client’s in-house lawyer who had proposed writing a contract that would give the client the choice of suing its Chinese counter-party in either Canada or China.
Selling a stripped down (off the shelf) WFOE seldom works. Sorry.
Even in the best of times, employee terminations in China are fraught with risk. A mishandled China employee termination (or even just the discussions surrounding the termination) can quickly cause problems. China's declining economy has weakened its job market and made both employees and the government more likely to fight back against any little termination mistake.
Even though China private equity (PE) activity has cooled down (see here and here), our law firm has even this year been involved in many U.S. PE transactions involving China entities, employees, and assets. These deals are typically conducted at the U.S. entity level between two private equity groups, with the seller in each instance
