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International Law

China Law Blog

Focuses on business law in China.
By Dan Harris and Steve Dickinson

Post Frequency: 5.3/day

Last Entry: November 04, 2020 at 13:55:07

Berkeley Asia Business Conference: Glass Ceilings, Clint Eastwood, Nice People, And Vietnam Over China.

Posted on February 25, 2010
When I was in college, I would need to take a bus across a number of Midwestern states to get home for many of the breaks. I hated it with such a passion that upon graduation, I promised myself I would never again take a bus for more than an hour again and I lived up to that promise until last year when I absolutely had to take a 7...

Why Non Disclosures (NDAs) Alone Are Not Enough For China, Part II. At Least Make It Enforceable.

Posted on February 24, 2010
This is part II of our series on what are commonly referred to as non disclosure agreements or NDAs. In Part I, "Why Non Disclosures (NDAs) Alone Are Not Enough For China," we talked about how far too many companies are using inadequate, off the shelf American NDAs in China...

China's Hummer "Purchase." Yeah, We Bad. We Bad.

Posted on February 24, 2010
I hate to gloat (that's a lie, I really love to) but I cannot resist mentioning that way back in September, 2009, we came out and, in our post entitled, "Our First China Hummer Post. Our Silence Said It All," we emphatically stated that the Hummer deal would never go through: Which brings me to Hummer...

The Basics On China Retail -- Creating Your Own Customers Is The Key.

Posted on February 23, 2010
As China moves from being the "factory to the world" to a growth engine for the world, the number of foreign businesses wanting to sell into and in China is rapidly increasing. Product companies are just as likely to ask me about selling their product in China as to ask how to make it there...

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Why Non Disclosures (NDAs) Alone Are Not Enough For China.

Posted on February 22, 2010
The other day, I did a post on why non disclosures are so often critical for those doing business with China. Within a few hours of that post, entitled, "China Non Disclosure Agreements (NDA). A Really Good Thing," my co-blogger, Steve Dickinson, was pointing out how if we were going to talk about non disclosure agreements (commonly referred to as an NDA), we should also discuss how and why we nearly always recommend such agreements...

China Outsourcing 101. The Legal Basics.

Posted on February 21, 2010
This latest recession has only caused even more small and medium sized businesses to look to cut costs by outsourcing their product manufacturing to China. Unfortunately, many of these companies now engaging in OEM (original equipment manufacturing) outsourcing to China are failing to take some or all of the minimal legal steps necessary to protect themselves...

Up Close And Personal With A Chinese "Investment Factory."

Posted on February 20, 2010
I have been to factories in China that look like they could be in Denmark. They appear safe and clean, and their workers appear to be wearing the latest safety equipment. I have also been to "factories" in China that are really nothing more than room with people assembling things and I have been to factories in China where I want to leave as quickly as possible for fear of my own health and the...

China-US Spying, Killing Terrorists In Dubai, And Computer Hacking. Like It's A Big Deal.

Posted on February 19, 2010
I was not going to write about it, but based on my three email rule, I am. My rule says if three people email me on a topic, I write about it, especially if the emails begins with something along the lines of "I'm surprised you've remained silent on....

How To Violate Chinese Law And Get Away With It. Don't Even Go There.

Posted on February 19, 2010
CNN has an article on how business for Virtual Private Network (VPN) software companies is booming these days, thanks largely to China and Iran. The article is entitled, "Cashing in on Internet Censorship," and it discusses how foreign companies are profiting from software that allows circumvention of government internet controls...

China As Mother Of All Black Swans. I Dunno.

Posted on February 18, 2010
There seem to be two schools of thoughts regarding China's economy. One school says everything is fine, China is different, and we should expect 10% GDP growth for the foreseeable future. Hakuna Matata. Then there are those who say China's economy is a bubble and a meltdown is coming...

Google Buzz As China Play. Is Google REALLY Raising The Stakes?

Posted on February 17, 2010
For many reasons, we have so far pretty much stayed away from the Google-China kerfuffle. The most important reason for our not writing about it is that we simply do not see ourselves as having anything new or noteworthy to add to the debate. That has not really changed in that about all I am doing today is cribbing from a really thought provoking Absurdity, Allegory and China (AAC) post, entitled, "Google Buzz and China...

Giving China Due Diligence Its Due, Part II. Don't Be A Sucker.

Posted on February 16, 2010
I could tell you story after story that would cause your toes to curl. And I will. Some of these are composites, but all are true: 1. Sixty year old Illinois farmer contacts us to tell us that his 22 year old (absolutely unbelievably gorgeous "girlfriend" -- I saw the pictures) is being told by the Moscow airport authorities that she cannot leave the country without putting $10,000 into a bank in Russia to prove...

China Non Disclosure Agreements (NDA). A Really Good Thing.

Posted on February 16, 2010
Someone over on the China Law Blog Linkedin Group just posed a question about using non disclosure agreements (NDAs) in China. My first thought was to refer them over to one of our posts on the subject, but then I realized we have not really written anything on them since 2006...

Is China Finally Ready To Revalue The Yuan?

Posted on February 15, 2010
One of the things I (and many others) are always saying is that China is ultra-paranoid about its economic growth. The Chinese government knows/believes it must have growth of at least eight percent a year to keep its job engine running and it knows/believes it must keep its job engine running to keep its populace happy...

Does China Beat India For Sourcing, Hands Down?

Posted on February 14, 2010
Yesterday, we did a recommended reading post on a China Sourcing Blog post comparing India and China for sourcing, using statistics to do so. We very quickly received a comment from Joel Waldbaum making very clear that sourcing product from China is far superior and far cheaper than sourcing product (or really anything) from India: Having lived in, and sourced from India for 30 years, and now China, for the past 5 years, I strongly...

China Versus India For Sourcing. Tell Me Who Do You Love

Posted on February 14, 2010
The China Sourcing Blog has an interesting post, entitled, "China and India: A Comparison in Sourcing Potential," on the similarities and differences between China and India when it comes to product sourcing: There are many similarities between China and India in today's global-economic climate...

Excellent China Blogs Gone AWOL. Where have you gone, Joe DiMaggio?

Posted on February 14, 2010
Just cleaned up my feed reader, which meant deleting blogs that no longer post and deleting blogs that no longer interest me. I use Feed Demon as my blog reader (I know Feed Demon is somewhat antiquated, but I have been using it since forever and I like it) and one of the things it does is list "dinosaur blogs" that have not posted for at least 60 days...

Berkeley Asia Business Conference. February 20, 2010.

Posted on February 13, 2010
I am going to be on a panel at the upcoming Berkeley Asia Business Conference 2010, taking place on February 20, at the Haas School of Business, University of California, Berkeley, 2220 Piedmont Avenue, Berkeley CA. The theme of this years conference is ?Asia: Shifting the Global Center of Gravity,? and the discussion will center around "whether major business and commercial activities are increasingly centered on the Asian region...

Yes Virginia, There Is IP Protection In China.

Posted on February 13, 2010
A couple weeks ago, I did a post entitled, No IP Enforcement In China. That Cannot Be True, in which I talked about how it is just not true that Chinese courts will not enforce a foreign company's intellectual property rights against a Chinese defendant...

US-China Relations. The Iran (Non Issue????) And Please Pardon Stan's Swearing.

Posted on February 12, 2010
The other day I did a post, entitled "On Not "Antagonizing" China. Or How Many Enemies Does The US Need?" expressing my frustration with a United States foreign policy that seems more interested in calling China out for trade and Google issues than in dealing with the far more troubling and potentially existential issue of Islamic extremism/Iranian nukes...

Happy New Year China In A Culturally Sensitive Way. Please Don't Gung Hey Fat Choy It!

Posted on February 12, 2010
Regular readers know that we seldom write about Chinese etiquette/cultural mores, figuring the real key is treating people with respect and just doing business. For examples of this view, check out our posts, entitled, China Cultural Awareness: Going Beyond Not Being An Asshole and Chinese Cultural Awareness Simplified: Don't Be An Asshole...

Four Tips For Keeping Your (Marketing) Business China Legal.

Posted on February 11, 2010
Article I wrote for Advertising Age/Ad Age Chinais now online. It is entitled, "Four Tips to Avoid Breaking the Law in China" and though its focus is on the legal issues that arise from marketing in China, it (if I do say so myself) does provide a good, though very basic, foundation of the common legal issues foreign businesses face in China...

Getting All Personal About Doing Business In China.

Posted on February 11, 2010
A few months ago, Damjan DeNoble of the China HB, wrote me, asking me to review his "personal statement" for his law school application to University of Michigan. I reviewed it and liked it so much I asked him if I could run it on the blog. He said yes, but wanted to hear back on his application to Michigan first...

It's Not Just Toyota. Do Asian And Chinese Companies Generally Not Know PR?

Posted on February 10, 2010
PR guru David Wolf of Silicon Hutong just did a great post, enititled, "It Is Not Just Toyota," in which he lambastes Asian (including Chinese) companies for not properly preparing for or handling crisis. Wolf starts out by commenting on a Wall Street Journal article that sees Toyota's mishandling of its quality recall as "just one more example" of another "otherwise outstanding Japanese" company turning into a "headlight-bedazzled deer in the face of crisis...

Jeremy Goldkorn On China's Internet.

Posted on February 10, 2010
Just listened to an excellent podcast interview of Jeremy Goldkorn, the founder and force behind the must-read Danwei blog. Josh Gartner, AmCham China's Director of Policy Communications (and a darn good interviewer) conducted the interview, which focused on the Chinese government's "treatment" of internet websites and, in particular, those websites which write things the Chinese government would prefer its citizens not see...

25+ China People You Should Follow On Twitter. Not One "China Expert" Among Them.

Posted on February 09, 2010
A few weeks ago, a client who will be opening a factory in China within a couple of months told me how much he has been learning about China by following people on Twitter and following their news links. He then asked me who if I had a list of "China people" he should be following...

China Business And Regulation. The Times They Are A Changing.

Posted on February 09, 2010
The Asia Business Media Blog just did a post, entitled, "China's attitude hift," on a James McGregor talk Woodward attended today in Hong Kong. McGregor, a "journalist, media entrepreneur, investor and long-time resident of China gave a sobering talk" on how China is beginning to treat foreign businesses in its midst: McGregor says that he loves both countries, but he thinks there has been an unsettling attitude shift in China recently...

On The Deeper Meaning Of China And International Lawyers. And The Training Required.

Posted on February 08, 2010
I hate it when I have to get all philosophical, but since China Tax Insights has thrown down the gauntlet, I feel I must. What is an international lawyer and what exactly do international lawyers do and what exactly should international lawyers do. Please bear with me here as I swear this post is going to be very relevant to more than just navel gazers and lawyers...

Clean Energy Trade Mission To China. May 15-25.

Posted on February 08, 2010
US Commerce Secretary Gary Locke will be leading a clean energy business development mission to China from May 15 to May 21 (h/t AmCham China News). According to the Department of Commerce's website regarding this trip, the cost will be as follows: After a company has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required...

China Product Quality. What It's Gonna Take.

Posted on February 07, 2010
Every so often an inexperienced US start-up company will contact me with a plan to manufacture in China that involves the Chinese manufacturer producing at a reduced rate until the product can really get off the ground. My response to those plans is always the same: I am not going to tell you that what you are proposing is impossible, because for all I know, it may be possible...

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