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.

China Manufacturing Agreements

Manufacturing in China: Minimizing Your Risks by Doing Things Right

This very long post aims to provide an overview of the challenges of manufacturing in China, as well as strategies for minimizing risks and maximizing opportunities. It outlines the administrative and regulatory requirements, process and production challenges, and specific cultural and market-specific risks.

China company chop/seal

The Chinese Company Chop Goes Digital

A China company chop is an official seal or stamp that legally binds the company to what it has agreed to in the document on which its company chop has been stamped. Under Chinese law, a company chop is strong legal evidence of the agreement of the company whose chop is on the document. The company chop (a.k.a company seal or company stamp) essentially replaces a signature on contracts and other important documents. The company chop binds the entire company, usually no matter who (if anyone) actually puts their signature on the document.

China business laws

Moving Personnel from Third-party Hiring Agencies to your China WFOE

As China increases its restrictions on hiring personnel via third party employment agencies (sometimes referred to as FESCO companies or staffing agencies), and as companies are increasingly deciding on whether to double down in China or just leave, our international employment lawyers are increasingly being tasked with helping clients move personnel from third party hiring companies to newly formed or existing WFOEs.

China NNN Agreements

China NNN Agreements: Essential and NOT for Trade Secrets

When my law firm’s international manufacturing lawyers  work on international manufacturing arrangements, we never just draft a “straight NDA.” Instead, we draft a “non-disclosure/non-use/non-circumvention agreement” that we refer to as an NNN Agreement. Why? Because a Western-style NDA is worthless or worse for China. For China, you need a China-specific NNN Agreement. 1. China NNN

China Employee Problem

China Employee Problems Rising

China employee problems are increasing. We explain how to prevent such problems from occuring and how to nip them in the bud when they do.

China rmployment law COVID lockdowns

How to Handle Your China Workforce During COVID-2

Many foreign companies with employees in China are looking to reduce their China workforce for obvious reasons. This is especially true in those cities where companies have employees that cannot work because of Chinese government mandated lockdowns and company shutdowns. But now is a not a good time for downsizing your China employee workforce, unless your plan is to leave China and never ever return.

Pig being butchered

The Butchering the Pig (Crypto – Forex) Scam: With Love from China

But lately our international litigation team has been seeing a vertible ton of a particularly sinster scam: The “Sha Zhu Pan” (Chinese: 杀猪盘) or, “Butchering the Pig” scam. The typical email we receive from a victim of this forex or crypto scam is usually something like this.

China NNN Agreements

China NNN Agreements and How to Give Them Real Teeth

As I noted in my previous post on China NNN agreements, for enforcement purposes you must make sure your China NNN agreement has teeth. To understand how enforcement works under Chinese law, we need to do a little work. The first point to realize is that the standard approach for enforcing an IP contract under the common law (this is the law in the United States and the UK and most of the British world) has no application under Chinese law. In the common law system, lawyers are mostly concerned with two issues. First, the rule that disfavors liquidated damage provisions. Second, the law/equity distinction that allows only for injunctive relief when a law (damages) remedy is not available.