Arlo Kipfer Attorney

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About Arlo

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Arlo Kipfer helps companies navigate the legal and commercial risks of overseas manufacturing, from vetting manufacturers and protecting intellectual property to structuring enforceable agreements and dealing with problems when they arise. He leads Harris Sliwoski's international manufacturing practice and drafts nearly all of the firm's manufacturing agreements. His clients have ranged from Fortune 50 companies to one-person startups, and from makers of advanced nuclear power products to makers of children's dolls. They manufacture in China, Vietnam, Taiwan, and elsewhere in Asia, as well as in Latin America, and Arlo gives them contracts that protect their intellectual property, tooling, and product designs and that hold their manufacturers to the deal.

Arlo Kipfer helps companies navigate the legal and commercial risks of overseas manufacturing, from vetting manufacturers and protecting intellectual property to structuring enforceable agreements and dealing with problems when they arise. He leads Harris Sliwoski's international manufacturing practice and drafts nearly all of the firm's manufacturing agreements. His clients have ranged from Fortune 50 companies to one-person startups and from companies making advanced nuclear-power products to makers of children's dolls. His clients manufacture in Latin America and across Asia, including China, Vietnam, and Taiwan, and Arlo drafts contracts designed to protect their intellectual property, tooling, and product designs and hold their manufacturers to the deal.

Arlo has spent more than 25 years working in and with China. He lived there for nearly two decades, including as the executive heading China operations for an international company. He speaks fluent Mandarin, and his years on the client side taught him how supplier relationships go wrong and what companies need in their contracts before that happens.

Arlo first came to Harris Sliwoski as a client. He later joined the firm as a paralegal, working on China manufacturing contracts under Steve Dickinson, who built much of the firm's China manufacturing practice. After Arlo passed the bar, the firm hired him as an attorney. He practiced alongside Steve for several more years and took over the practice when Steve retired.

Along with manufacturing agreements, Arlo regularly drafts NNN, product development, and mold and tooling agreements. Whatever the contract, he starts from the same premise: an international manufacturing agreement must be written with enforcement in mind. The manufacturer's location and assets, the governing law, contract language, dispute forum, and available remedies all matter. A contract that looks perfectly good to a U.S. lawyer can provide surprisingly little leverage when an overseas manufacturer breaches it.

China raises its own enforcement problems. A U.S.-style agreement written in English and governed by U.S. law does little to solve them when the factory and the assets you need to reach are in China. For China matters, Arlo drafts NNN Agreements and manufacturing contracts with Chinese law, Chinese-language drafting, and dispute provisions chosen for enforceability in China.

Arlo also advises foreign companies on China employment law, from hiring and employment contracts through restructurings, terminations, and employee disputes. Since becoming an attorney, he has led virtually all of the firm's China Hague Convention service matters.

Arlo writes regularly for the China Law Blog on China law and international manufacturing. He earned his J.D. from Purdue Global Law School and is admitted to practice in California. Outside the office, he runs and hikes with his wife, travels in his RV, and plays guitar.

International Manufacturing

Arlo's manufacturing work is about preventing problems before they become expensive disputes, and it often begins by vetting a proposed manufacturer before the client sends it any money. His due diligence examines whether the supplier is a legitimate operating business authorized to do what it claims, identifies who owns and controls it, and flags anything that should give the client pause. He does all this research in Chinese.

Depending on the transaction, the next step can be an NNN agreement, signed before the client shares sensitive information, along with clear terms on who owns the molds, tooling, product improvements, and development work. Before production begins, his manufacturing agreements set specifications, quality standards, inspection rights, and pricing, payment, and delivery terms. They also provide warranties, termination rights, a dispute resolution mechanism, and remedies for nonconforming or late products.

For foreign companies with staff in China, Arlo also handles employment contracts, employer rules and regulations, confidentiality and trade secret protection, non-compete arrangements, restructurings, terminations, and negotiated separations. Chinese employment law is highly localized, and decisions that seem routine from a U.S. perspective often call for a different approach in China.

Fast Facts

Education

  • Purdue University Global, Concord Law School (J.D.)
  • Purdue University (M.S. Communications)
  • Xinjiang Agricultural University (Certificate in Mandarin Chinese)
  • Western Governors University (B.S. Business Management)

Languages

  • Mandarin (Fluent)
  • Spanish (Proficient)

Bar & Court Admissions

  • California

More About Arlo

  • Web3 Crossover: NFTs, DAOs, and Tokens, MyLawCLE, May 27, 2022.
  • Delta-8 and other Cannabinoids, Regulated or Not? Panel Discussion, and the Impact of Cannabis NFT’s and Web3 Crossover, MyLawCLE, April 22, 2022.
  • Opening a Sister School Overseas, National Association of Independent Schools Annual Conference, Atlanta, GA, March 7, 2018.
  • How the Revised Law is Effecting the Private Education Market in China – Review of Main Policy Provisions, ISC Research Annual One-Day Conference, Oxfordshire, UK, January 9, 2018.
  • The Expanding International Schools Market – A Global Viewpoint and a Focus on China, School Success China, Shanghai, China, December 4, 2017.
  • Implications of the New National Law on Private Education in China, International Schools China, Shanghai, China, November 22, 2017.
  • Consultant – School Establishment & Legal, ISC Research (2017-2020)
  • Director of Development, Asia & Americas, China Region, Quality Schools International (2011-2017)
  • International Sourcing Director, LW Stores, Inc. (2009-2011)
  • Vice President of Global Sourcing, Lava Lite (2010-2011)
  • Manager, Buyer Events & Services, Global Sources (2007-2009)
  • Project Manager, Global Advancement Corporation (2002-2007)

What Clients Have To Say About Arlo

When we reached out to Harris Sliwoski we were a start-up concerned about protecting our intellectual property internationally. Harris Sliwoski, in particular, Arlo Kipfer, ended up helping us with a couple of international NNN Agreements to use with our manufacturers in Asia. Harris Sliwoski’s international lawyers were invaluable in helping us lay a strong international IP protection foundation at a reasonable cost. The lawyers with whom I worked all had extensive familiarity with our IP issues and knew how to resolve them. What I most appreciated is the time they spent at no charge to help educate me on how to best operate internationally.

- Elonia McHenry, Founder | Mejève

Proven Expertise for Challenging China Legal Issues

Find Arlo Recently Featured In...

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China's mass layoff laws in tough times

Arlo Kipfer in HRD

Arlo Kipfer's post on Human Resources Director (HRD) explains China’s mass layoff rules, including the grounds on which employers can initiate mass layoffs, the procedures employers must follow, and the potential consequences for non-compliance.

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The Door to China’s Ed. Market Slammed Shut. Can Companies Pry It Open?

Arlo Kipfer in Ed Week Market Brief

In sectors such as information technology, which has an overlap with education, foreigners are not allowed to set up wholly foreign-owned enterprises. A Chinese joint-venture partner is required, said Arlo Kipfer, an attorney at law firm Harris Sliwoski.

Kipfer focuses on helping international school and business clients navigate foreign regulatory environments.

In these situations, navigating compliance is key, he said, and companies would need to work with an expert in Chinese regulations to answer questions such as how government officials in specific regions handle foreign direct investment opportunities, and the sensitivities of the education infrastructure under the Chinese government.

“There are certainly still opportunities, but you have to have someone who knows if you’re set up properly — with a Chinese partner being a majority partner in control,” he said, “and knowing all the laws about how your data has to be accessible to the government.”

Many government-imposed regulations can complicate the work of foreign education providers. For instance, a series of Chinese laws enacted over the past decade mandate that Chinese businesses and citizens support and facilitate government access to the collection, transmission, and storage of data.

That means that there are no restrictions against the Chinese government obtaining data from any company’s server at any given time, whereas in the U.S., a legal process must be followed to justify their access.

Western companies who work in China must realize that their stored information can be accessed by the government at any time, Kipfer said.
“There are no access protections, which means there are no secrets,” he said. “Your company information can be used against you.”

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Apple And Google Are Hosting Fake Crypto Apps Designed To ‘Defraud Investors,’ Senator Says

Arlo Kipfer in Forbes

“I’ve talked to 50 people in the last six months,” said Arlo Kipfer, a Seattle attorney who has also consulted with scam victims on how to move forward.

“The most heartbreaking thing is they bleed the victims dry—the odds of recovery are still low.”

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British-branded schools in China forced to teach Beijing curriculum in bid to ensure ‘right’ thinking

Arlo Kipfer in Telegraph

Some have before tried to “blend the curriculum – the British and the national Chinese – but now it looks like that’s not even a good idea,” said Arlo Kipfer, an attorney at US law firm Harris Sliwoski who has advised international schools in China.

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