On December 23, President Biden signed a new law that bans all imports from Xinjiang. Specifically, the new law establishes a rebuttable presumption that any product from Xinjiang was made using forced labor. Some observations: 1. Not Just a Xinjiang Problem We have repeatedly pointed out in these pages that even a total ban on
As China steps up its tax enforcement against both foreign companies and foreigners, we are seeing increasing instances where expat employees working in China are having their salaries "split" by their Chinese or foreign company employers. We strongly counsel our employer clients against doing this sort of salary splitting and we even more strongly counsel
As part of our China employment work, our China employment lawyers are often tasked with helping expats navigate the China employee onboarding process, including reviewing and revising their employment-related documents, such as employment contracts. This involves our making sure our clients' contracts protect their interests and achieve their goals and minimize the likelihood of confusion
As reported in the South China Morning Post (SCMP), Stanley Black & Decker has closed its Shenzhen factory, "[laying] off all of its 1,000 workers after 25 years of operations." This, according to the SCMP, "reflects the changing business environment in the world’s second-biggest economy." In reality, however, it highlights long-standing, ongoing China risks. Stanley
Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their
Contents of this Article: I. Cybersecurity with Chinese Characteristics: The Party is the leader of everything. II. China’s Comprehensive Network Security Program III. China’s Regulatory System: The Multi-Level Protection Scheme (MLPS 2.0) IV. Cryptography is not a solution. V. A Concrete Example: The Golden Tax Malware Program VI. How Companies are Pushed into an Insecure
Our international IP lawyers love lists and the below is a list of the 12 things we most often recommend regarding China trademarks to our clients that do business in China and have at least one brand they care about. Most of these items apply with equal force to most other countries as well. 1.
If you want to set a probation period to test out a new China employee hire, you need to clearly say so in the new hire’s employment contract. Both the employer and the employee can use the probation period to their advantage: for example, a probationary employee can resign with only 3 days’ notice—a much
In the early 1980s the US Air Force commissioned Lucian Pye, an eminent sinologist, to write a report on how Chinese negotiate with foreigners. Published in 1982, it was called Chinese Commercial Negotiating Style. Based on extensive interviews with foreigners engaged in China trade, Pye's paper analyzes the negotiating style the Chinese use with foreign businesspeople. Pye's
China is (again) in the midst of a concerted government crackdown against foreign companies doing business in China. And if that is not bad enough, if your country has been deemed by China to have disrespected it by speaking out against forced labor or enhancing diplomatic relations with Taiwan, your own expatriate staff themselves may
