Dan Harris is a founding member of Harris Sliwoski, an international law firm where he mostly represents companies doing business in emerging market countries. Most of his time is spent helping American and European companies navigate foreign countries by working with the international lawyers at his firm in setting up companies overseas (WFOEs, Subsidiaries, Rep Offices and Joint Ventures), drafting international contracts, protecting IP, and overseeing M&A transactions.
In addition, Dan writes and speaks extensively on international law, with a focus on protecting foreign businesses in their overseas operations. He is also a prolific and widely-followed blogger, writing as the co-author of the award-winning China Law Blog.
Mastering International Payment Terms: Essential Strategies for Business Security International trade opens up a world of opportunities for businesses, but it also presents a minefield of risks, particularly with payment terms. Cross-border trade disputes commonly involve issues related to payment terms and conditions, and without proper safeguards, unfavorable payment terms can cripple a company’s cash
The Crucial Role of the Bill of Materials Manufacturing agreements between product buyers and their manufacturers typically come with all sorts of clauses dealing with choice of law, indemnification, time of delivery, failure rate, price, payment, and various other contractual provisions. The Bill of Materials can often make or break the success of a manufacturing
Vagaries of registering license agreements in China Was just cc’ed on an email from one of my law firm’s China software licensing lawyers to a client that licenses its software through a distributor in China. Our licensing lawyer was responding to a question about registering the software licensing agreement with the Chinese government. The below
China Representative Offices With so many companies becoming reluctant to go “all in on China,” our China lawyers are seeing an increase in companies looking to just “dip their toe” into China via a Representative Office. Unfortunately, there are inherent limitations on China Rep Offices, and those limitations mean they seldom make sense for most
Navigating Trademark Protection in China When dealing with China, protecting your brand’s identity is imperative. Every month, without fail, one of my law firm’s international IP lawyers are approached by companies facing a startling reality: their Chinese manufacturers have registered the company’s trademarks in China.* Understanding Trademark Theft in China The motivations behind these trademark registrations
The Misconception of Foreign Ownership of Chinese Factories A common assumption among Western companies is that partnering with a Chinese manufacturer owned by a Western entity will lower risks and simplify the transaction. However, this belief is often based on a fundamental misunderstanding of Chinese business law and ownership structures. This post aims to dispel
The U.S.-China Economic and Security Review Commission The U.S.-China Economic and Security Review Commission was created by the United States Congress in October 2000 with the legislative mandate to monitor, investigate, and submit to Congress an annual report on the national security implications of the bilateral trade and economic relationship between the United States and
China’s Economic Downturn and the Implications for YOUR Business As economic uncertainty roils China, foreign companies operating in or with China face increasing risks. From capital controls to supply chain disruptions to Chinese companies turning against their foreign company partners, businesses worldwide must navigate a more precarious China environment. This article very examines the current
Navigating China Licensing Contract Negotiations: Tactics and Countermeasures We have been drafting an increasing number of contracts for foreign companies licensing their brand name, concept, or technology for use in China. In the old days, this type of licensing was primarily in the industrial sector. These days, much of our work has involved licensing agreements
Factory Visits Help Build Strong Relationships and Ensure Product Quality Your choice of a foreign manufacturer and the relationship you build with it are critical in determining your product quality. Visiting the factory where your products are made—or appointing a trusted delegate to do so — goes a long way in improving your odds of
