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.

Illegal transshipping false claims act

Illegal Transshipping Can Make YOU Rich: Meet the False Claims Act

Reporting someone else for illegal transshipping under the False Claims Act can make you rich. The United States has imposed tariffs and duties against a whole slew of Chinese products, increasing the costs of those products sold to the United States.To avoid these tariffs and duties, many companies are shipping their Made in China products to countries other than China and then shipping those products to the United States, claiming those products were made in a country other than China. This is called transshipping and it is illegal.

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. 

What lawyers should know about foreign legal matters

Foreign Legal Matters: Think Different

My goal with this talk was never to explain the laws in various countries so that they could handle all of their clients' foreign legal matters. More than anything, my goal was to get the lawyers in the audience to (with apologies to Apple and to grammarians everywhere) think different. I wanted to get the lawyers in the room (and I mean this literally, these talks being pre-COVID) uncomfortable about representing companies on foreign legal matters. I wanted their discomfort to get them not to lazily assume things. 


New U.S. Anti-Corruption Strategy

Last week the White House announced the United States Strategy on Countering Corruption, which believe it or not represents the country’s first comprehensive blueprint for reducing “the ability of corrupt actors to use the U.S. and international financial systems to hide assets and launder the proceeds of corrupt acts.”

China Employer Rules and Regulations

China Employer Rules and Regulations: Now is the Time

The best time for implementing a set of China employer rules and regulations is when your China entity is being formed and you start recruiting employees. This allows you to have your first group of hires sign off on your employer rules and regulations and ensures you are fully covered. Our China employment attorneys recommend a yearly audit of every China company's employment documents (including their rules and regulations) to ensure they are up to date with all legal and company and employee changes.