Visit Your Overseas Factories One of the things my law firm’s international manufacturing lawyers always tell our clients is to visit their overseas factories, if at all possible. Factory Visits Show You Care Such a trip is critical for the following four reasons: Visiting your foreign factory emphasizes that you care. Why should your factory
You should have a China-centric contract when doing business in China or even with China. See China Contracts: Make Them Enforceable Or Don’t Bother. This holds doubly true for employment contracts with China employees because those agreements are highly local. And though I should not have to say this, translating your existing employment agreements into
Your company is a service provider. Let’s say your business assists domestic and foreign entities register drugs with the FDA. You are contacted by a Chinese entity to do a registration. You submit a written, signed invoice to the Chinese entity and you require payment in advance. Within five days, you receive payment. But you
According to the Hong Kong Free Press (and a number of other newspapers) The Shanghai government this week “ordered the closure of one of the city’s top maternity hospitals saying it was illegally built on land owned by the armed forces, according to an official notice.” According to the article, the hospital, Shanghai International Women’s
The China legal world has been abuzz this last weekend about a Chinese court in Wuhan enforcing a California judgment against a couple of Chinese citizens. On one level this is indeed a huge deal, but on a practical level, this really does not change anything with respect to what you as an American company
The Trump Administration is claiming China’s government forces American companies to relinquish its IP to China. Having worked on hundreds of China transactions that involve IP, I view things rather differently. I have never been involved in a China transaction where it has been clear that the Chinese government has forced our client to relinquish
China does not like direct marketing and its direct marketing laws are so restrictive the direct marketing industry has little in common with direct marketing in the United States or even Europe. The other day, one of my law firm’s international corporate lawyers received an email from a potential client with a link to a
Hong Kong courts are world class and most companies would rather have their disputes against their Mainland China counter-parties resolved in Hong Kong instead of in Wuxi or Harbin. Hong Kong as jurisdiction of choice is alluring. But for all sorts of reasons, it’s a trap. Let me explain. In 2008, China and Hong Kong
China has adopted a plan to establish a cyberspace court in Hangzhou. The plan is for this court to accept filings electronically, try cases via livestream and hear only e-commerce and Internet related cases. Why Hangzhou? Under Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s domicile. For companies, domicile
One of the joys of blogging is finding gems in unlikely places. The gem is a post entitled Jewelry and Gold Plating Problems: Can You Trust Chinese Factories? I say unlikely because neither (nor I would bet, most of our readers) have much interest in jewelry plating problems. The post is written by a Shenzhen-based
