Your leverage is usually strongest before your China factory knows you are leaving and before your plans in the new country become obvious to everyone else. That window does not stay open for long. Once it closes, fixing trademark gaps, tooling problems, and bad contracts becomes slower, more expensive, and much more difficult. Sometimes it does not just make the exit harder. Sometimes it makes the exit fail.
Doing Business Internationally: Why Your International Lawyer Should Handle Your Domestic Work Too There are times when you absolutely need a local specialist. A real estate lawyer who knows Oregon title issues, a New York tax lawyer, a California employment litigator. Some legal work is local, and it is a mistake to pretend otherwise. But
If you are manufacturing in China, you almost certainly need a China Trademark.
Why Importers Should Control Freight and Customs From Day One* Wally’s Widgets had a breakthrough product, a solid Chinese manufacturer, and a $2.8 million retail order. He also had a $200,000 late-delivery penalty clause and no experience importing from China. When the factory offered to handle shipping and customs under DDP terms – delivered duty
International Arbitration in Cross-Border Contracts: What Companies Get Wrong An industrial pump company signs a supply agreement with an overseas supplier, receives eight million dollars’ worth of defective goods, and does what seems logical: it sues in the supplier’s home court. Five years later, it has spent more on legal fees than the amount in
How to Negotiate with Your Chinese Manufacturers Most American companies hear the line “That’s not how we do it in China” and immediately start retreating. They soften their tone, over-explain, and offer compromises before they have identified what matters. They treat the phrase like a cultural law that cannot be questioned, instead of what it
Why Demand Letters to China Suppliers Often Backfire Sending a quick demand letter to a China supplier can destroy your leverage. Twice last week, I had to explain that to companies that were not clients. Both wanted me to immediately send a demand letter to their China suppliers to force shipment of long-delayed product. I
China Exit Bans for Foreign Executives: The Commercial Dispute Risk Nobody Plans For You are at the airport with a boarding pass in hand, heading home after meetings. The China immigration officer scans your passport, pauses, types, and asks you to step aside. A few minutes later you are told you cannot leave China. No
Foreign companies often lose U.S. distribution opportunities for a simple reason: their factory can’t deliver what their distributor contract promised. The fix isn’t complicated, but it’s often ignored--your U.S. distribution agreement and your China manufacturing contract have to be drafted as one integrated system.
Cambodia vs. Guatemala for Manufacturing For U.S. companies making labor-intensive products and looking to exit China, Cambodia and Guatemala come up repeatedly as lower-cost alternatives. I am bullish on Guatemala, but cautious on Cambodia. This is not because Cambodia cannot manufacture. It can. The issue is control. Cambodia’s risk profile is harder to manage and
