China Lawyers
China Law Blog

How to Do Business in China Without Going to Prison

1. China is Cracking Down on Foreigners China has laws and it enforces its laws. And like pretty much every country in the world, China enforces its laws unevenly. By unevenly, I mean it is not uncommon for China to enact a law and then not enforce it for a few years and then all

Doing business in China
China Law Blog

Why NOW Is a Good Time to Double Down on Doing Business IN China

1. Things are Bad Between China and the West In yesterday's post, Doing Business in China or with China: It’s All Good, I talked about how we would try to move away from focusing so much on declining relations between China and the West and focus more on China's business opportunities, of which there are still many.

China WFOE
China Law Blog

How This China Hospital Closure Impacts YOUR Business

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

China Court judgment and Hague Service
China Law Blog

China Enforces United States Judgment: This Changes Pretty Much Nothing

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

Chinese internet gambling
China Law Blog

China Online Gambling: Illegal But Everywhere

Media reports state that online gambling in China soared during the recent World Cup. The punters put their money into online gambling on the World Cup, with revenue at China's government run lottery site increasing by over 80% during this period. The general ban on gambling in China is subject to one exception. The Chinese

China WFOE lawyers
China Law Blog

Danone v. Wahaha and the China Joint Venture Lessons To Be Learned

China Joint Venture Lessons The China Economic Review recently featured an article by Steve Dickinson [a former China lawyer with our law firm, who retired in 2021] on the Danone-Wahaha dispute, an outgrowth of a presentation he gave at JP Morgan on China joint ventures. The article, titled Danone v. Wahaha: The lessons to be

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Cannabis Term

Cannabis Banking

Financial services for cannabis businesses, including the challenges and regulations around banking due to federal illegality in some countries.

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Cannabis Term

Trademarks and Service Marks

Words, names, symbols, or devices that are used in commerce to identify and distinguish goods or services. Trademark registrations are issued by the United States Patent and Trademark Office (USPTO) and state agencies, though the USPTO restricts access to trademark registrations for cannabis due to its current federal illegality. 

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Cannabis Term

Federal Illegality Waivers

Contract provisions where parties agree not to raise the illegal nature of marijuana activity as a defense to enforcement of the contract in judicial proceedings, and likely have little or no practical effect.

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Cannabis Term

Federal Illegality Doctrine

Legal doctrine representing courts’ refusal to grant relief or enforce contracts for illegal activity, including for marijuana-related activity or goods.