China's Data Security Landscape This post addresses the options foreign companies have for operating in China and protecting their critical data. The assumption is usually that there must be a technical solution that allows foreign companies to protect their private technical data in China. The problem is technical, so there must be a technical solution.
Introduction In 2022, a U.S. company with a new and unique product forged a relationship with a Chinese manufacturer, placing their trust in a well-regarded Chinese law firm for their contractual needs. But within just eight months, they were shocked to discover their proprietary technology had been replicated and commercialized by their Chinese manufacturer. My
Introduction The allure of conquering the American market is undeniable for Chinese corporations. With over 330 million consumers and the world's largest economy, the United States offers unparalleled potential. However, achieving success in the U.S. demands a strategic approach that goes beyond exporting products. This is where our law firm steps in – we bridge
1. Essential Practices when Providing Services to Chinese Companies Securing payment should be your prime concern when providing services to Chinese clients. To mitigate potential issues, our China transactional lawyers incorporate certain clauses in their service contracts they draft for our clients, including provisions mandating the following: 1. Upfront Payment: A substantial initial payment should
I personally have dealt with more than two dozen exit ban matters in China. Around half of these were clear, in that the person banned from leaving China was told very explicitly not to leave, and in each case they knew why. The others were quite unclear, and involved people in China who feared they
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
By Tom McVey & Ngosong Fonkem* If your company is doing business with a Chinese company, it is essential to be aware of the risks associated with prohibited parties under U.S. export control and sanctions laws. The United States has strict regulations prohibiting U.S. companies from engaging with certain foreign individuals and entities. These include
Earlier this month I testified before the U.S. Congress's U.S.-China Economic and Security Review Commission regarding Rule by Law in China. Go here if you wish to see my testimony and/or the full day of testimony given by various far more expert China law professors. This is the third time I've testified before a Congressional
The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang
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
