Foreign Direct Investment in the U.S. – The U.S. Legal Landscape for Foreign Investors

FREE Webinar – The United States’ Legal Landscape for Foreign Investors

Join Harris Bricken foreign direct investment attorneys Jonathan Bench Akshat Divatia, and Steve Chianglin for this FREE webinar on Thursday, January 27th at 3pm EST/12pm PST, as they explain the legal framework and discuss key issues that companies and individuals must consider in developing their United States presence.

How to Draft Enforcable China Contracts

How to Draft an Enforceable China Contract

If you want to greatly increase your chances of being able to enforce your contract with your Chinese counter-party company, you should do the below. You should do a lot more than this, both within and outside your contract, but I am limiting this post to just those things directly and nearly always necessary for enforcing a Chinese contract and its terms) Have a written contract. Have the written contract set out how disputes will be resolved and, more importantly, set forth the right forum for those disputes; Have Chinese be the official language of your contract if it is going to be enforced in China, which usually (but not always) makes sense; Have the written contract set out in excruciating detail what the Chinese company must do to comply with the contract; Set out the damages the Chinese company must pay if it fails to comply with the contract; Make sure the Chinese company signs and seals your contract.

China product development and manufacturing

Transitioning from Product Development to Mass Manufacturing

This post looks at the two most common product development choices, with a focus on how they impact the transition to mass production. At this stage, the foreign company has typically approved a final prototype -- or it is close to that stage -- and it it looking at going into mass production with their Chinese manufacturer.

How to License Your IP to China Correctly

How to License Your IP to China

For companies seeking access to the China market, an IP license is often the best way forward. However, companies need to be smart about it. Specifically, they should resist the temptation to recycle licensing agreements used in other contexts, and instead use agreements specifically drafted for use in China, taking into account China-specific conditions. 1.

China product development

China Product Development Models and Risks

China product development is fraught with risks. This post explains the two main product development models employed by Chinese companies and explains the advantages and disadvantages of both. I am writing about product development here because in my experience and that of my company, the product development stage is both the easiest and mostly likely time for your Chinese counterparty to run off with your IP or even your product. 

China online gaming IP

China Online Gaming IP

China presents a wealth of opportunities for foreign gaming companies, but (and this is true of pretty much every IP-laden industry), it also presents substantial risks. This post sets out the basics on how online gaming companies can protect their IP in China via China IP registrations. Though our law firm represents a host (sort-of-pun intended) of online gaming companies, we have been hesitant to write specifically about largely because it is not all that legally different from other industries. But because we have lately been getting emails requesting we do so, we will. Starting now.

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.