China Does Not Have an Attorney-Client Privilege In the United States and much of the rest of the world, private communications between a lawyer and their client are protected from disclosure without the client’s consent. This fundamental protection does not exist in China. The Critical Risks of No Attorney-Client Privilege in China Confidentiality is the
In 2016, in Getting Money Out of China: The Long Version, we wrote how Western companies were contacting our China lawyers to get money out of China to get paid on all sorts of deals. On our China Law Blog Facebook Page, we linked over to the original post and described it as “In which we
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 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
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
Contents of this Article Implications and Practicalities of China’s E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China’s New E-Commerce Law? Impacts on Foreign Brands Selling to China’s Consumers via Cross-Border E-Commerce Implications
1. What is an NNN Agreement? A Non-disclosure, Non-use and Non-circumvention Agreement (NNN) is an agreement used to protect confidential information, and to prevent a company or person from using your information to compete against you or go around you to your own customers. These contracts are commonly used before revealing anything important to anyone
1. Typical Boilerplate Provisions The Western world — particularly the Anglo-Saxon/common law world — is used to ultra-long contracts for everything. A contract to buy $6,000 worth of rubber duckies will include all sorts of boilerplate provisions, such as one making clear that buying rubber duckies does not make the buyer and seller parties a
It is not news that Chinese labor authorities have been cracking down on employers that fail to make social insurance payments for their employees. What is news is that Chinese labor authorities are taking that enforcement to the next level. Last week, 28 government departments (including the National Development and Reform Commission, the People’s Bank
On September 5, 2018, the PRC National People’s Congress issued a new draft of Several Sections of the PRC Civil Code (the “Draft”) for public comments until early November. The Draft would provide heightened protection against sexual harassment on a national level and would also impose more obligations on China employers. Below are a few highlights
