At least once a month someone will tell us they do not need a China-centric contract with their China-based manufacturer because their China-based manufacturer is owned by an American or a European company. To which I always say, “no it isn’t.” Here’s the deal. No American or European or Australian company (or any other non-Chinese
How and why to move your manufacturing from China and where to move it.
Follow these three rules for an effective China contract.
About a year ago, I spoke at a Berkeley Law School class regarding hostage taking in China. I presume I was brought on to speak about this because I helped Professor Chris Carr write an academic article on hostage taking in China, Commercial Hostages: Local vs. Foreigner Business Disputes in China. At my Berkeley talk,
Our international IP lawyers do a lot of work for clients seeking to remove listings of counterfeit goods from Chinese e-commerce sites. Most of these listings are for obviously, sometimes extravagantly counterfeit merchandise, offered in vast quantities at far-below retail prices, with pictures either lifted from the real manufacturer’s website or showing products of dubious quality,
In two recent posts, How To Succeed When Taking Your Company Overseas and Do I Always Need to Form a Company in a Foreign Country?, I discussed some common issues companies need to wrestle with when deciding whether and how to take their company overseas. Among those are the pitfalls of having a foreign entity
Got an email from an American client this morning asking me whether I was aware of how American companies that do “significant” business with China cannot receive Paycheck Protection Program (PPP2) loans. I replied that I was not, because my focus is not on domestic U.S. law or business. But then I started thinking more
China and 14 other Asia-Pacific nations recently signed the world’s largest free trade deal, the Regional Comprehensive Economic Partnership (RCEP). As discussed in Asia-Pacific RCEPonds to Trump’s Snub, the RCEP’s launch raises uncomfortable questions for Washington, though it is actually quite modest in terms of member commitments. That said, RCEP will usher in changes, and
On August 26, the U.S. Department of Justice (DOJ) announced plea agreements with Ambiance Apparel (“Ambiance”) and its owner Sang Bum “Ed” Noh. The charges against Ambiance and Noh include a duty evasion scheme, which worked like this: Ambiance imported clothing from Asian countries and submitted fraudulent invoices to U.S. Customs and Border Protection (CBP)
This is Part 2 in what will be a long-running series by Scott Holbrook and Adam-Paul Smolak on how the United States and the rest of the world can take back much of the manufacturing they sent to China and thereby bring high-level manufacturing jobs to the United States and to allied countries. Go here
