Stop sign no deal

Why China Deals Do NOT Get Done

We have put the kibosh on many China-related deals, and that is what this post is about, especially in this environment with financially distressed companies popping up all around thanks to the trade war and Covid. For ease of explanation and to camouflage the identities of those involved, I have amalgamated a bunch of them into one. This scenario is incredibly typical, including the retirement of the owner precipitating the need for the deal.

forced labor sanctions

Raising the Ante on China Trade: Complying With and Making Claims Under the UFLPA

Citing the ongoing genocide, crimes against humanity, and other human rights abuses committed by the People’s Republic of China (China) against ethnic and religious minority groups in the western part of the country, Congress acted to strengthen CBP’s ability to enforce the forced labor prohibitions set forth in Section 307 of the Tariff Act of 1930 by enacting the Uyghur Forced Labor Protection Act (UFLPA) on 23 December 2021. To this end, the UFLPA applies a presumption that goods produced/manufactured (either wholly or in part) or mined in the Xinjiang Uyghur Autonomous Region (XUAR) or by entities designated on the UFLPA Entity List are made with forced labor and prohibited from entering the U.S.

China trademarks

China Similar Trademarks: What to Do?

When applying to register trademarks in China, it is not uncommon for brands to have their applications denied because of a similar trademark that has a prior right. This prior right may be an existing registration, or a pending application to register that was filed at an earlier date than yours. What to do if your brand finds itself in that situation?

China trademark squatting

Is There a Squatter on My China Trademark and if There is What Should I Do?

A number of Chinese trademark law firms have of late been trying to drum up American clients on China trademark matters. I say this because my firm's China trademark lawyers have been getting a steady stream of emails from U.S. lawyers and companies contacted by these Chinese trademark law firms. The Chinese law firms are writing to U.S. lawyers and companies to alert them of trademark filings in China of the same trademarks owned by the company in the United States. These emails from the Chinese trademark attorneys to U.S. trademark attorneys usually go as follows:

Selling Products Overseas

Selling Your Product Overseas: The Business Basics

A startup U.S. consumer product company with an ultra-hot new product line wrote one of my law firm's international lawyers asking what they should do to sell their product through a Chinese company that had expressed interest in being the U.S. company's "Chinese representative." After a few emails on various different legal subjects, our international lawyer wrote the following email (modified a bit) that provides such good and basic business advice that I wanted to share it here.