Should I Visit My China Suppliers? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people
Introduction I am an international transactions lawyer. I frequently handle the initial stages of transactions and often find myself negotiating with parties who do not have legal representation. In these scenarios, I am trying to put together the easiest and most streamlined contract that the counterparty will be comfortable with. This work requires a deep
Joint ventures with China factories are seldom a good idea.The better way to handle these relationships is usually with a China-centric distribution agreement that sets forth sales goals and allows you to walk away if your Chinese factory does not meet those goals. It usually makes sense to have a trademark licensing agreement with your distributor as well.
Mexico’s Business Future Under President Sheinbaum Mexico has ushered in a new era with the inauguration of Claudia Sheinbaum as the country’s first female president. I am optimistic about Mexico’s prospects for continued economic growth and increased foreign investment under President Sheinbaum. My clients keep asking what they should expect from her presidency. In this
The Bank Account Switch Scam The bank switch scam involves your regular product supplier asking you to make a payment to a new bank account or a new supplier asking you to make your first payment. After you make the payment, your supplier insists you still owe the full amount because it never received your
How to Succeed at Overseas Foreign Manufacturing More than a decade ago, I wrote an article for a supply chain magazine, on what I and my law firm’s international manufacturing lawyers saw as the ten keys to successful overseas manufacturing. Though the magazine no longer exists, I recently rediscovered the article when a potential client
Disposable Aluminum Containers, Pans, and Trays from China On May 16, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of Disposable Aluminum Containers, Pans, and Trays from the People’s Republic of China. The petitions were filed by the Aluminum Foil Container Manufacturers Association, consisting of Durable Packaging International, D&Q Fine pack,
Why NDAs Are Useless for Protecting Your Intellectual Property in China Since we started this blog, we have emphasized the importance of using NNN Agreements for China, and not Western Style NDA Agreements. Most companies now understand this, but twice in the last few weeks I have had to tell an American company that it
Paying Chinese Companies for Product that Never Arrives Two to three times a week, my law firm will get a query from a company that paid for Chinese product and received absolutely nothing. The below is a good example of what we just keep getting. This is an e-mail (modified to hide any possible identifiers)
The Frustrating Reality of International Manufacturing Disputes (and How to Avoid Them) Hardly a week goes by at my law firm where one of our international litigation lawyers does not get a call or an e-mail from a company exploring its options for pursuing its overseas manufacturer (usually based in China, but not always) for a
