China NNN Agreements

Overseas Manufacturing Contracts (OEM, CM and ODM)

Creating a clear manufacturing agreement can alleviate the various legal issues inherent in manufacturing overseas. here are three reasons why it makes sense to have a contract with your manufacturer and only one of those reasons is enforceability in court.

China IP theft

The Huawei Indictments are the New Normal

1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei’s U.S. subsidiary under the direction

China CFIUS

CFIUS Shuts Down Chinese Investment in U.S. Technology

1. Chinese Investment in U.S. Businesses is Down 95% Mergermarket, just published its global M&A report for 2018, revealing that investments from China in U.S. businesses fell by 95% as compared to 2016. A summary of the data in the Report shows the following: 1. Worldwide M&A activity was strong in 2018. “The transactions that

China form and Template Contract

China Contract Templates and Getting your China Counterparty Right

One of the most important things our China attorneys do with every contract we write is to determine who exactly is on the other side. This is often no small feat. When the process goes smoothly, our client instructs us to draft a contract with XYZ Mainland Chinese Company. Our role then involves thoroughly researching

Myanmar

China in Myanmar: The New Colonialism?

Robert Walsh, sometime Seattle resident and long-time friend of our law firm (we have worked on a number of Asia deals together and we — Dan and Steve — met up with him on our last trip to Myanmar), has spent the last four years in Myanmar, where he operates a vibrant business consultancy. Robert

China online video laws

Wanda Exits The Qingdao Film Metropolis: What Next?

I wrote the below post regarding the Qingdao Film Metropolis project in April of 2018. After we ran the post, I received threats of legal action and of violence against both me and my family. That led us to take the post down but now that Wanda has completely pulled out of the Film Metropolis

China lawyers

Getting Money Out of China: NOT This Way

Every month or so, someone calls one of our China lawyers wanting to discuss “working with you to help your clients get money out of China.” These are nearly always phone calls (not emails) and we typically do not take the calls. We’ve been doing this long enough (and discussing this long enough with ultra-high

China criminal lawyers

What to Do if You are Arrested in China

Before I explain what to do if arrested in China, I should set out the following “whys” behind this post: 1. Foreigners get arrested overseas all the time. Not just in China. 2. Foreigners get arrested all the time in China, for all sorts of things, including for things that would not be crimes in

china law blog

How to Avoid Being Detained in China

Yesterday, in Would the Last Foreign Company in China Please Turn Off the Lights, Part 2, I discussed the recent arrest of Meng Wanzhou and Chinese government threats by the Chinese government against the United States and Canada for that arrest. A lot has been written about how China may retaliate against US and Canadian

How to form a china wfoe

How to Form a China WFOE: A Roadmap

My law firm’s China company formation lawyers are often asked about the steps it takes to form a China WFOE. So often, in fact, that we long along drafted a stock response to that question. Figuring this response would be helpful to our faithful readers, I am running it below. Please note that the below

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