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China Employee Non-Compete Agreements: The Price You’ll Pay

A Non-Compete Agreement is a contract where one party agrees not to compete with the other. These agreements reduce the likelihood of someone using information you provide them to compete against you. Non-compete agreements are fairly common between Western companies and their more important employees and it is common for those Western companies to want

international litigation and arbitration

How to Write a Bad International Arbitration Clause

Yesterday, I attended a fantastic webinar on alternative dispute resolution. Its focus was on arbitration and mediation in Latin America, but pretty much all of what was said applies worldwide. I wrote down one thing said at the event, thinking I would use it for a blog post and today I am. That one thing

The Eight Core Issues in Forming a China WFOE

China was the largest recipient of FDI in 2020 and for China lawyers that translates into WFOE formations. In Why NOW Is a Good Time to Double Down on Doing Business IN China we essentially predicted this trend. We talked about how companies that manufacture in China are looking to get out (COVID has slowed

Check Your China Registrations

I should have run this post earlier and talked about it as a New Year’s resolution, but it did not occur to me until I learned over the weekend that a Canadian company that thought it had a Chinese trademark didn’t really have that trademark at all. At least once a year, one of our

China Employer Audits and Signed Employment Agreements

No foreign employer is too small for China’s employment law regulators and in some respects the smaller you are, the greater your risks. I say this because when a company with 5,000 employees has a problem with five employees, it’s not that big a deal, but when a five-employee company has a problem with two

China employee termination because of the economy

China Employee Terminations when Economic Circumstances Change

Terminating a China-based employee usually requires good cause. A serious breach of employer rules and regulations can be a basis for an employer’s unilateral termination of an employee, but China employers have other options as well. A China-based employer may terminate an employment contract if the economic circumstances which formed the basis for the parties signing the

China Contract Chops: Tencent vs. Lao Gan Ma and China Due Diligence

It is officially 2021, but don’t fool yourself that some things change just because the calendar does. At China Law Blog we often post about fraud or attempted fraud that takes place in China; companies doing business there, or with Chinese counter-parties, should consider due diligence an evergreen topic, the importance of which cannot be

China Bank Accounts and Financial Records: I See Some Bad Fraud Rising

U.S. companies’ relationships with their Chinese business partners have been strained in the past year, and that has only accelerated the past few months, as we have noted in prior blog posts (see The US-China Trade War: What’s Next?, When Will the US-China Trade War End? It’s the New Normal, and The US-China Trade War:

China Contract Damages Done Right

This must be China contract damages week. I say that because in cleaning up months of emails I came across three interesting emails on contract damages (similar to liquidated damages under common law). Before I discuss those three emails, I will explain what contract damages are and why they are so important in just about

Handle your China employee contracts with care

China Mergers and Acquisitions: When Your Due Diligence Says Don’t Do It

My law firm’s international lawyers do a significant amount of transactional work, which we call “happy law.” It’s generally happy because the buyer and seller largely know what they want from the other side and they have already agreed in principle on what the deal will look like. Both sides bring in transactional lawyers like

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China Employee Non-Compete Agreements: The Price You’ll Pay

How to Write a Bad International Arbitration Clause

The Eight Core Issues in Forming a China WFOE

Check Your China Registrations

China Employer Audits and Signed Employment Agreements

China Employee Terminations when Economic Circumstances Change

China Contract Chops: Tencent vs. Lao Gan Ma and China Due Diligence

China Bank Accounts and Financial Records: I See Some Bad Fraud Rising

China Contract Damages Done Right

China Mergers and Acquisitions: When Your Due Diligence Says Don’t Do It

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Archives

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Subscribe By Email

Search Our Blog

China Employee Non-Compete Agreements: The Price You’ll Pay

How to Write a Bad International Arbitration Clause

The Eight Core Issues in Forming a China WFOE

Check Your China Registrations

China Employer Audits and Signed Employment Agreements

China Employee Terminations when Economic Circumstances Change

China Contract Chops: Tencent vs. Lao Gan Ma and China Due Diligence

China Bank Accounts and Financial Records: I See Some Bad Fraud Rising

China Contract Damages Done Right

China Mergers and Acquisitions: When Your Due Diligence Says Don’t Do It