Arlo Kipfer

Arlo is based in Bogotá, where he advises clients on Latin America and China business issues. In addition, Arlo has advised clients on the establishment of several independent and joint venture international schools and he is a frequent speaker at international school conferences.

Shutting down a China WFOE

Shutting Down a China WFOE: Don’t Go There

For reasons that ought to be apparent to anyone who reads the news, our China lawyers have of late been getting many emails from foreign companies looking at shutting down their China WFOE or just flee from China. Reduced to their essence, these emails usually focus on one of the following questions: 1. How do I do it correctly? 2. If I don't do it correctly, what are the possible repercussions? Will I be safe in China? We answer both questions in this post.

China Cyber Hacking

China Cyber Hacking: The Full Story

China cyber hacking obviously affects companies that do business in or with China but it is becoming increasingly apparent that it also impacts companies with no direct business connections to China. This post explains the Chinese government's cyber hacking goals, how it does its hacking, and why it is virtually impossible for foreign companies to avoid being hacked by the Chinese government or to fight back against it.

China Employment Contracts With Enforceable Provisions

China Employment Contracts With Enforceable Provisions

If you are a China employer, you need written employment contracts with enforceable provisions for all of your China employees. But merely putting the terms and conditions regarding the employment relationship in writing is not sufficient to protect you. An unenforceable employment contract or even an unenforceable provision in an otherwise well-written employment contract can hurt you as the employer.

China Employee Contract Renewals

China Employee Contract Renewals

When our employer clients seek our counsel on new China employee hires, we usually (but not always) advise they use an initial fixed term of three years. We also recommend that before the initial employment term is up, they consider whether to extend the employee’s contract for a second employment term.

Keep your IP safe from China by using an appropriate NNN agreement

China NNN Agreements

China NNN Agreements are usually THE key to protecting your IP against China. Done right, they are nearly flawless. Done wrong (which nearly all are) they are worse than nothing at all. In this post, I explain the basics on how to draft a China NNN Agreement that will work. 

China online gaming laws

China Online Gaming Laws

China's online gaming market is the largest in the world in terms of revenue, but its online gaming laws, market access restrictions, and censorship make it difficult for non-Chinese developers to sell their online games into China. This post sets out the basics on what it takes for foreign companies to get their online games into China.

Mutual China NDA versus China NNN Agreement

Beware the China Mutual NDA

1. A China Mutual NDA Will Not Help YOU Should I Sign a Mutual NDA With a China factory? Our international manufacturing lawyers get this question once a week, which is up from maybe once a year only a few years ago. Our usual answer is no, mostly because these agreements are usually just a

foreign company due diligence

Due Diligence on Foreign Transactions

Due diligence is an investigation of a business or person prior to entering a contract. It often involves a comprehensive appraisal to establish assets and liabilities or to evaluate commercial potential. Though due diligence is important anywhere, it is doubly important when dealing with companies in countries where things are often not what they seem and where the legal system is less than ideal.

China employee non compete agreements

China Employee Non-Compete Agreements

Be careful with your China employee non-compete agreements. Do not just insert a non-compete provision into your China employment contracts without first thinking through the repercussions of doing so. You also need to be careful to act on any non-competes before any impending employee termination.