Force Majeure lawyers

Force Majeure in the Time of Coronavirus

Way back in the pre-coronavirus days — October 30-2019 — in Do Not Let Force Majeure be a Major Force In Your China Contract, we did a post warning of force majeure provisions in contracts with Chinese companies. That post began with the following warning/joke; Pull out and look at your contract with your Chinese

hands covering a person's eyes and mouth

China’s Coronavirus Reaction: Law Trumps Medicine, Part 2

I am writing this to update my recent post on the legal response to the Covid-19 virus epidemic in China, China’s Coronavirus Solution: More Government Control Trumps More Medicine. In response to President Xi’s Statement on using law to combat the virus outbreak, the Beijing authorities have responded in a manner consistent with the theme

silhouettes of men in suits with computer screens for heads that have eyes, ears and mouths on them

China’s Coronavirus Solution: More Government Control Trumps More Medicine

In the face of the Wuhan coronavirus outbreak, Xi Jinping went into hiding. From January 28 to February 5, he made no public appearances. He briefly appeared on February 5 and promptly disappeared again. We would have expected that during his brief appearance Mr. Xi would make a stirring speech about leading China in a

hemp field in the sunshine

Will China Buy More U.S. Hemp Per the Phase One Trade Deal?

Two major President Trump-centric events have been unfolding these past few weeks, and each has alternatingly claimed the limelight and been overshadowed by the other. First, we have the ongoing Senate impeachment hearings, which began January 16, and second, phase one of the U.S.-China trade deal, which was signed and made public on January 15.

非法转运

转运:没有对付关税的神奇补救措施

几天前,在《中国制造业:"Elvis Has Left the Building "一文中,我们提到了《南华早报》的一篇文章,该文章指出,无论贸易谈判代表如何设法在紧张的美中关系上打补丁,制造业从中国外流的现象都不会减少。那篇文章包括一些关于我们的巨大吸吮声的清醒的统计数据。

Illegal transshipping false claims act

Illegal Transshipping/False Country of Origin — Help Us Help You Get Rich

Earlier this year, “Univar USA Inc. paid  U.S. $62.5 Million to Resolve Allegations that it Evaded $36 Million in Antidumping Duties on Imported Chinese Saccharin.”  My law firm profited handsomely from this case because we brought it to the government’s attention and then assisted on it. The United States Department of Justice describes this case

China company due diligence

China Employment Contracts: It’s Not Too Late to Check Yours

If you have employees in China, you must have a written employment contract with each and every one of your employees. Employing anyone (Chinese citizen or expat) in China without a current, enforceable, China-centric employment contract puts you at massive risk for financial penalties and worse. Late last month, China’s Ministry of Human Resources and

Flag of the California Republic

New California Data Privacy Law Will Affect Businesses Across the Globe

This isn’t the first time I’ve written on the China Law Blog about the California Consumer Privacy Act (or “CCPA”), California’s massive new privacy law that many compare to EU’s General Data Protection Regulation (or “GDPR”), but it’s certainly becoming more important now as CCPA takes effect in about six weeks. If you weren’t taking CCPA seriously

Walking the China tightrope

How To Survive an Increasingly Difficult China

Since October 6, 2018, one of our recurring themes has been that China has become far more difficult for foreign companies. It is what we have been calling the New Normal. This New Normal extends to all foreign companies that do business in or with China, but it has hit U.S. and Canadian companies particularly