U.S. companies importing goods from Southeast Asia must beware of transshipment schemes by Chinese suppliers. Not only do these schemes mean dealing with China problems after a supposed China departure, they also give rise to serious liabilities if importing into the United States. Over the past few years, companies have had plenty of reasons to
I recently received a message from an American lawyer interested in working abroad. In this post I share part of my reply, together with some additional comments. While this post is China-focused, most of what I say applies to other countries. It’s also important to note that much of what follows is moot at this
Next week, I will be a panelist at a Washington State Bar Association (WSBA) event discussing dual nationality. I’ll be sharing the platform with Dr. Dana Raigrodski and David Freeburg. Registration is free, and if you’re an attorney in Washington State, you can earn CLE credit for attending. Interestingly, the event being scheduled on St.
If you are a China employer, you need written employment contracts with enforceable provisions for all of your China employees. But merely putting the terms and conditions regarding the employment relationship in writing is not sufficient to protect you. An unenforceable employment contract or even an unenforceable provision in an otherwise well-written employment contract can hurt you as the employer.
When our employer clients seek our counsel on new China employee hires, we usually (but not always) advise they use an initial fixed term of three years. We also recommend that before the initial employment term is up, they consider whether to extend the employee’s contract for a second employment term.
Reporting someone else for illegal transshipping under the False Claims Act can make you rich. The United States has imposed tariffs and duties against a whole slew of Chinese products, increasing the costs of those products sold to the United States.To avoid these tariffs and duties, many companies are shipping their Made in China products to countries other than China and then shipping those products to the United States, claiming those products were made in a country other than China. This is called transshipping and it is illegal.
My goal with this talk was never to explain the laws in various countries so that they could handle all of their clients' foreign legal matters. More than anything, my goal was to get the lawyers in the audience to (with apologies to Apple and to grammarians everywhere) think different. I wanted to get the lawyers in the room (and I mean this literally, these talks being pre-COVID) uncomfortable about representing companies on foreign legal matters. I wanted their discomfort to get them not to lazily assume things.
The best time for implementing a set of China employer rules and regulations is when your China entity is being formed and you start recruiting employees. This allows you to have your first group of hires sign off on your employer rules and regulations and ensures you are fully covered. Our China employment attorneys recommend a yearly audit of every China company's employment documents (including their rules and regulations) to ensure they are up to date with all legal and company and employee changes.
The International Shipping and Logistics Crisis. U.S. Federal Maritime Commission (FMC) Commissioner Carl Bentzel discusses what we should expect in the future and what we can and should we be doing to resolve this crisis.
China’s New Personal Information Protection Law Forced Out Yahoo and Linkedin. In this article, we explain how companies operating in China must comply with China's new Personal Information Law and how they can accomplish this.
