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.

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.

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.