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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

How To Get Your Business Into China. Legally.

Posted on August 01, 2009
Spoke with a company last week that is interested in hiring people in China to oversee its China purchasing and quality control and stake a beachhold for selling its products there as well. This company asked me to set out the basics on what my firm would propose to do for them to get them going in China...

China Socialpreneurs

Posted on August 01, 2009
Crossroads blog has a post up listing China Corporate Social Responsibility related twitterers, broken out between "China Social Entrepreneurs," "China Treehuggers," and "NGOs." If you twitter and have an interest in China CSR, I urge you to check it out...

The China Company Within A Company. Been There. Done That.

Posted on July 31, 2009
FT.com wrote an interesting story the other day of a German advertising company whose employees had set up their own company within a company. The thrust of the article is that this sort of thing is peculiar to China and foreigners had better beware. I have received no fewer than three emails from people sending me the article suggesting I should write on it...

How To Avoid Getting Kidnapped In China. Plan In Advance Or Go Home.

Posted on July 28, 2009
The other day, in a post entitled, "China Hostage Situation. Now IS A Good Time To Pay Your Debts," I wrote about some U.S. executives who were being held hostage in China over nonpayment of a business debt. Their US based company had gone bankrupt and when they went over to China to explain all this to their Chinese suppliers, they were taken hostage...

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The Foreign Corrupt Practices Act. Can You Say China Relevant?

Posted on July 26, 2009
I was talking with Kevin O'Keefe the other day about law blogs. Kevin is the founder of LexBlog, which dominates the market for setting law firms up on blogs. Despite originally being from Wisconsin (he now lives in Seattle), Kevin knows more about law blogging than any guy alive...

Suing Chinese Drywall Manufacturers. Why All The Bother?

Posted on July 24, 2009
Someone just emailed me an article on Chinese Drywall, with the question, "why do you think these lawyers are spending so much to serve the Chinese defendants." My short answer is that I have no clue. I will backtrack a bit first. The article is entitled, "Chinese-Made Drywall: A Multi-Defendant, Multi-Claim, Multi-District Litigation Has Litigators Multi-Tasking," and it is more a pitch for a bunch of money making seminars than an article designed to impart...

China Hostage Situation. Now IS A Good Time To Pay Your Debts.

Posted on July 22, 2009
Just got an email from a regular and very much trusted reader. The email (with all identifiers removed) is as follows: Consumer product company had a rep office ? staffed with 2 people with US passports. Company had financial problems and needed to file Chapter 11 bankruptcy...

What's Happening With China Legal? Read Asia Legal Blog To Find Out.

Posted on July 21, 2009
When I worked in BigLaw, I, along with most of the other associates at my mega-firm, could hardly wait for the next issue of American Lawyer Magazine to hit our law firm's library. That magazine did a pretty decent job keeping us informed of what was going on in the legal world, and even within our own firm...

China Joint Ventures. Find Me A Good One....

Posted on July 16, 2009
Excellent article by Tina Wang up on Forbes.com. The article is entitled "KKR's Concrete Lessons In China" and it is subtitled, "A KKR-led group bought into a Chinese tycoon's cement business. Over a year later, who's in charge?" It is on a KKR cement industry joint venture in China and like so many stories on joint ventures (not just in China but just about everywhere), it reads like a bad spy/war novel...

China's Rio Tinto Arrests. Everyone Just Move Along....

Posted on July 14, 2009
By Steve Dickinson The recent detentions of four Rio Tinto executives has caused much concern. However, the situation has been misunderstood by most in the West because of a failure to understand the legal background. The Rio Tinto employees are accused of conducting industrial espionage...

Enforcing Contracts In China. Way, Way Better Than You Think.

Posted on July 13, 2009
By Steve Dickinson At a recent meeting of foreign businesspersons in Qingdao, I sat next to a very unhappy man who loudly stated: ?Chinese contracts are not worth the paper they are written on.? I told him: ?Your statement is not true. As a matter of fact, the Chinese courts do very well at enforcing clear written contracts...

Owe Money To A Chinese Company? No Need To Pay.

Posted on July 10, 2009
If you owe money to a Chinese company for product and you cannot pay all of your creditors, skip out on the Chinese company. Near as I can tell, there is nearly a 100% chance they will never sue you to recover. I am NOT advocating not paying your debt, but I am saying that if you have to choose among your creditors on who to pay, the Chinese company should be your choice...

Hey Sucker, We've Got Your China Trademark And Your're Goin' Down.

Posted on July 08, 2009
Over the last six months or so, my firm's work for Chinese companies going international has zoomed, and with that, my knowledge of how Chinese companies "handle" foreign companies has zoomed as well. One of the things I have learned is that Chinese companies understand the value of trademarks -- YOUR trademark...

Exporting To China 101

Posted on July 08, 2009
A client recently sent me a blogpost and asked me if I "thought it made sense." The post is entitled "Organizing Your Export Trial Run," and, yes I do. Not only does it make sense, but it also has a slew of very helpful links. So if you are in the business of exporting to China (or to anywhere else), you should check it out...

Sex! Drugs! Prostitution! China And The US By The Numbers.

Posted on July 07, 2009
The Aimee Barnes Blog just did a post, entitled, "Sex, Drugs, Weapons and Cash: China vs United States," comparing the United States and China on all sorts of numbers/statistics relating mostly to sex, drugs, crime and health. It makes for fascinating reading, particularly, if (like me) you are the kind of person who remembers off the top of your head, exactly what Bob Gibson's E...

Cultural Norms As Law Enforcement Mechanism. Why Demand Letters Still Work In China.

Posted on July 07, 2009
Wikipedia defines a demand letter as a "letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong." Typically, these letters conclude with the lawyer threatening to sue or the non-lawyer letter writer threatening to go his or her attorney...

The China Liability Wall. What I Meant To Say....

Posted on July 06, 2009
An East Coast lawyer contacted me the other day seeking help for his client in writing an outsourcing contract with its Chinese manufacturer. We talked for maybe 10 minutes regarding these contracts and then he told me he had called me because of what I had to say about always requiring the Chinese manufacturer to agree to buy product liability insurance...

China OEM Agreements. Why Ours Are In Chinese. Flat Out.

Posted on July 05, 2009
Had a nice conversation with a potential client last week. Company has a great new product it wants made in China. Like many companies starting out in China, this one is in the process of shopping for its China lawyers and my firm was one of four suggested to it by its regular corporate counsel...

China's Internet Censoring. Hate To Say I Told You So, But I Told You So....

Posted on June 30, 2009
Back when the media was getting all hot and heavy (sexual reference intended) on China's plans to require internet filtering software, I did a post, entitled, "Two China Things Of Which We Dare Not Speak (And Sex Is Not One of Them)." In that post, I explained why we virtually never write about proposed laws and why I had not written anything on the filtering software...

China's Labor Law. The Bark Is The Bite.

Posted on June 28, 2009
Got a call last week from the HR officer of a US company. She was looking for my firm to assist her on a labor law issue. The US company's China WFOE had laid off a female employee who had come back saying she was entitled to ten months pregnancy pay...

China's Anti-Monopoly Law. One Year On.

Posted on June 24, 2009
I actually began my legal career as an antitrust lawyer and I though there has so far been no call for it on our China matters, I have very much tried to keep up with China's slowly developing antitrust laws. So I was delighted to sit down (metaphorically speaking) with Josh Gartner Managing Editor of Publications for AmCham China for an interview on recent developments in China's anti-monopoly law...

Registering Your Trademark In The US And China On The Cheap.

Posted on June 23, 2009
Many years ago, a very good client of mine (in a China related business) called me in a panic. The client had gone to its regular US corporate counsel and asked about using a trade name on product it would be importing from China. Its corporate counsel said it saw no problems and my client went ahead and imported the product...

China. The News Is Nearly Always Mixed.

Posted on June 17, 2009
For the last couple of weeks I have been working on an outsourcing contract for a US/China company seeking to take on a very large China outsourcing project for a rapidly (even now!) growing US retailer. Negotiations have been ongoing with countless revisions...

Defective Product Recalls In China. What's That?

Posted on June 16, 2009
I have been practicing law long enough to have seen my share of product recall disasters. The most recent was a situation involving a food company client. Our client had contracted out with another company for the manufacturing of a particular processed food product...

Which Comes First, The China Trademark Or The China OEM Contract?

Posted on June 15, 2009
I am paranoid about my clients registering their trademarks in China, pretty much before they do anything else. For a few examples of my feelings on this, check out, "China Trademarks -- Do You Feel Lucky? Do You?" "China Trademark Law: Simple And Effective" and "Trademark Protection In The Global (And China) Marketplace...

Promising China Blog: Eileen Eats

Posted on June 14, 2009
Despite the global recession, I remain an unabashed foodie. I figure, if I am going to eat, I might as well eat well. I am sure Eileen Wen Mooney would agree with me on that. Ms. Mooney is the author of the books, Beijing Eats and Not Just a Good Food Guide: Beijing and the oft-cited Guardian article, "Top 10 Places to Eat in Beijing...

Western Companies Are Frittering Away China Employees. Or Not.

Posted on June 12, 2009
Fascinating article by Paul French over at Access Asia on how Western companies are, at the exact worst time, cutting back on their employees in China. The article, "Are Foreign Brands in China About to Give It All Away??" says that many Western companies, run out of places like London and New York, are cutting back on their China operations so as to preserve cash and save money at home: By and large, in most...

Two China Things Of Which We Dare Not Speak (And Sex Is Not One of Them)

Posted on June 12, 2009
I often get emails from readers asking me to write about a particular topic. There are two topics on which I frequently receive emails and on which I virtually never write. Proposed laws and China diplomatic meetings with foreign countries. Just about every time there is a rumor of a major new Chinese law, I get an email from someone asking me to write about it...

Form Contracts In China. You've Got To Fight The Powers That Be.....

Posted on June 09, 2009
This is the second in a series of posts on Chinese contract law by co-blogger Steve Dickinson. The first post, "China Contract Law: Going All Clear On Us Now," discussed recently issued PRC Supreme Court explanations on various aspects of contract law...

Think You Have A Well Known China Trademark. Think Again.

Posted on June 08, 2009
China's Supreme Court recently confirmed what my firm has always been telling its clients: if you want to protect your trademark in China, you absolutely must register it in China. We have always said that because the likelihood is so slim of being able to prove that a trademark is a well known mark and the cost of trying to do so is so much higher than actually filing, that unless you are as well...

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