A Checklist for Avoiding China Employment Problems
A checklist for getting into compliance with China's employment laws
China Contracts and the Unknown Counterparty
Whenever one of our China lawyers drafts an agreement for a client doing business in China, one of the first things we ask is the identity of the Chinese counterparty. It’s a deceptively simple question. The typical Chinese manufacturer (for example) is composed of multiple entities, with complicated lines of ownership. One entity may run
Forced Labor: What’s Coming
Last week I participated in a call on the topic of forced labor and I thought I’d share three key takeaways. First, the issue is not going to go away, certainly in the context of China, and more specifically Xinjiang. In fact, enforcement is ramping up. Forced labor WROs and findings are non-tariff trade weapons.
Exporting Products from the United States? Save on Your US Taxes With a DISC Election
If you export products from the United States you can save on your US Taxes with a DISC Election
Solar Panels from China: The Next Forced Labor Battleground
In January 2020, we warned American companies about potential problems stemming from forced labor in China: Forced labor is a reality in China. And if you source from China, you need to keep close tabs on your supply chain to avoid forced labor becoming a part of it. In addition to the ethical and reputational
Avoiding China Company Formation Problems
Every so often, someone about to have their Chinese company shut down by the Chinese government contacts us. These sorts of contacts accelerate during economic slowdowns and times of tension and that has been the case of late as well. The following is a composite of some of the emails we have received relating to
China Factory Indemnification: Yeah, Whatever
American and European lawyers love indemnification provisions in product manufacturing agreements. They love them so much they often use them in China manufacturing contracts (OEM Agreements) even though they do not work well there. American and European lawyers will put in a provision stating that if a product defect leads to a recall or injures
International Law Advice, Correct Mindsets, and the Role of the Grapevine
Every so often I go deep into the backend of this blog to review and delete draft blog posts (some little more than an idea) that have yet to see the light of the Internet page, and shouldn’t. I did that today and came across a draft post from way back on a great article
Who Should Own Your China IP? Maybe NOT You
Our China dispute resolution lawyers have been handling way more than the usual number of disputes between Chinese factories and their foreign product buyers. In many of these cases, the foreign companies have come to our law firm after their Chinese factory claims they owe money for bad product. In none of these cases did
Key China Employment Documents
I recently read an email to one of my firm’s clients from one of our China employment lawyers. The email explained a large set of employment documents prepared initially just for the in-country China WFOE manager, but written to be used with various imminent China employee hires as well. Because this email so nicely sets