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Foreign Contractors and Distributors: Frequently Asked Questions

Foreign Contractors and Distributors: Frequently Asked Questions Yesterday’s post explained why the overseas sales shortcut so often backfires: a company calls someone a contractor, agent, or distributor, but the relationship underneath does not match the label. This FAQ builds on that post. It answers the questions we most often hear from companies selling abroad without

Two men shake hands in an office filled with engineers and machinery, overlooking a cityscape and harbor through large windows. Beware the Hong Kong Company—opportunity here often comes with unexpected challenges.

The Hong Kong Intermediary Trap: Do Not Bind the Wrong China Company

The Hong Kong Intermediary Trap: Do Not Contract with the Wrong China Company Foreign buyers like dealing with Hong Kong intermediaries. The emails are clear, the invoices look familiar, the bank account feels safer, and the person on the other end usually speaks better English than the factory contact. But in China manufacturing, invoices are

Two hands shaking over a torn contract, with an invoice marked "PAST DUE," shipping containers, and a "DEAL FAILED" stamp, representing a failed business agreement.

When Your Contract Will Not Save You in a Cross-Border Credit Dispute

When Your Contract Will Not Save You in a Cross-Border Credit Dispute A U.S. company recently lost more than $860,000 to a foreign client. It had a signed contract, invoices, and legal remedies. That still was not enough. The contract was not the real problem. The company extended too much unsecured credit, dealt with the

Two men walk separate paths toward a modern factory; one path is smooth and paved, the other is rough, cracked, and blocked by caution tape and fallen road signs.

Emerging Market Compliance Risks: When Local Workarounds Become Permanent Liabilities

Emerging Market Compliance Risks: When Local Workarounds Become Permanent Liabilities Companies entering emerging markets hear the same reassurance again and again: “This is how things are done here.” The advice comes in familiar forms. Use a connected intermediary to speed up a permit. Put shares in a nominee’s name to get around ownership limits. Ignore

A surreal painting showing a man in black robes flying over a cityscape with papers and scales, facing a woman in red above an Asian city with a goat, books, flowers, and a red lantern.

Can You Subpoena a Chinese Company? What You Need to Know About China Discovery

Can You Subpoena a Chinese Company? What You Need to Know About China Discovery In cross-border litigation involving mainland China-based defendants, U.S. litigation lawyers often mistake the ability to issue a subpoena for the ability to enforce it. A subpoena backed by a U.S. court carries real consequences inside the United States, but it has

Two contracts side by side: a rejected English “Manufacturing Agreement” on the left and an approved China Manufacturing Contracts document on the right, set against industrial and shipping backgrounds with a Chinese flag.

China Manufacturing Contracts: Why Your Draft Does Not Work

China Manufacturing Contracts: Why U.S. Drafts Do Not Work Clients often send us a U.S. manufacturing agreement and ask whether it can save time or money on a China manufacturing contract. It cannot. Sometimes the ask is smaller: can we just spend a couple of hours reviewing it? We decline because we will not bill

An oil painting depicting intellectual property protection, with elements of import/export, online marketplaces, and legal filings.

Trademark Squatters Are Coming for Your Supply Chain in Swarms Now

Trademark Squatters Are Coming for Your Supply Chain in Swarms Now For years, trademark squatters followed the same general script. They would identify a foreign brand that had not yet registered its trademark in China, the United States, or another key market. Then they would file first and wait. Eventually, the legitimate brand owner would

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