china law blog

Mitigating China Supply Chain Risk: Should I Stay or Should I Go, Part 2

This is Part 2 in the series Mitigating China Supply Chain Risk: Should I Stay or Should I Go? by David Alexander* This part gets into the nitty-gritty of what it takes to find new suppliers. We have an American client who has approached us several times over the past 5-7 years with questions or

International manufacturing lawyers for molds and tooling

A Template International Tooling Ownership Agreement

One of my law firm’s international manufacturing lawyers recently completed a template Tooling [Mold] Ownership Agreement for one of our clients that is having its products manufactured in factories located in multiple countries. This Tooling Ownership Agreement is essentially a template for this one client, and it has yet to be particularized for this one

china law blog

China Law: Do Not Try This at Home

Got an email yesterday with a link to an old discussion on a Reddit group regarding the cost of setting up and doing business in China. The discussion began with someone seeking information regarding the best way to set up a business in China and information about what that will cost. I am not going

TedX Orcas Island

Suing Your China Manufacturer for Bad Quality Product

Our international litigation lawyers long ago developed template emails for responding to companies that write us about their China product quality problems. The below is the one we use for U.S. companies that write us with a China product quality problem and the contract provided us is not good at all. Most of the time

shipping imports

When the Feds Don’t Like the Ambiance: Customs Fraud Can Get Importers in a World of Trouble

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)

guards

Your China Risk Factors in These Tense Times

China is (again) in the midst of a concerted government crackdown against foreign companies doing business in China. And if that is not bad enough, if your country has been deemed by China to have disrespected it by speaking out against forced labor or enhancing diplomatic relations with Taiwan, your own expatriate staff themselves may

china law blog

China Forced Labor: Be On the Right Side of History

By Roberto De Vido* The Economist recently noted in a column headline that Forced labour in China presents dilemmas for fashion brands. The writer introduced the Xinjiang Production and Construction Corps (XPCC), which he described as “a nearly 3m-strong paramilitary-style business in western China” founded in 1954 to provide economic incentives for recently demobilized soldiers

China contract damages

China Contract Damages Done Right

Crafting Contract Damages in China: Experience, Art, and Prudence As I was going through my overflowing email inbox last weekend, three emails about contract damages really jumped out at me. But before I dive into those emails, I will first seek to demystify the concept of contract damages and explain why it’s so important for

China manufacturing contracts

International Manufacturing Contracts: The Basics

International contract writing is complex. A good contract will ensure that your foreign manufacturer meets your requirements and protect your company when things go wrong. This post can help you understand what goes into the drafting of an effective international manufacturing agreement. International Manufacturing Agreements Our international manufacturing lawyers use a fairly standard initial questionnaire when

International manufacturing lawyers

Verifying and Monitoring Your Chinese Suppliers

The below post is by Renaud Anjoran, CEO of Sofeast, a leading Asia-focused quality assurance, product engineering, and supply chain management solutions company. Our law firm’s international manufacturing lawyers have worked with Renaud on countless Asian sourcing and manufacturing transactions over the last fifteen or so years.  Most China commentators have been focusing on the

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