One of my law firm's international trade lawyers recently got an email from a company that was having a problem with one of its employees. This employee had left the company and at that moment the company realized it should have made this employee sign various trade secret agreements long ago. They came to us
It Ain't Easy Leaving China There is a long line of foreign companies looking to get out of China. These companies call the China lawyers at my law firm expecting their leaving China will consist of little more than flipping a switch and waving goodbye. But this being China, nothing could be further from the
We have been drafting an increasing number of contracts for foreign companies licensing their concept or technology for use in China. In the old days, this type of licensing was primarily in the industrial sector. These days, much of our work has involved licensing agreements for companies that want to capture China business without having
Companies often come to our China WFOE lawyers wanting a Wholly Foreign Owned Entity (WFOE) formed "right away" so they can "immediately" bring on a China-based employee or employees. No matter what anyone tells you, it is the rare WFOE that can be formed in less than three months, and three months is possible only
Clients often ask our China lawyers whether their buyers in China are telling the truth when they claim not to be able to pay them more than $50,000 in one year. The answer is both yes and no. China controls inbound and outbound foreign exchange flows. If a Chinese citizen or company needs to make
American businessperson held in China for his company's unpaid debt Yet another story of an American businessperson held in China for his company's unpaid debt. Hate to say we told you so, but we told you so. This latest debt-hostage story was brought to my attention by Jeremiah Jenne. Jeremiah asked me about it by
Switching Employers in China and Keeping Your Work Permit China's faltering economy has led to job losses for Chinese citizens and foreigners alike and my law firm has been seeing an increasing volume of emails from foreign employees seeking legal assistance regarding their China work permits. Navigating employer switches in China requires preparation and --
Fascinating article by Matthew Robertson, Fellowes, American Stationary Giant, Brought to Its Knees in China. A couple of readers sent me the article and both commented on how it proves what "you are always saying about Chinese joint ventures." I am not so sure it does. The article is about Fellowes, one of the leading
One of the things I love about blogging is how I get my stories. This one came to me via an international lawyer in Portugal who sent me a link on Buddha Steel (more on that later) from the China Accounting Blog. First, I am going to briefly discuss Variable Interest Entities (VIE) and how
The 19th Session of the 11th National People’s Congress last week revised the criminal code to make it a crime for a company to intentionally withhold employee wages. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years. This is a significant
