Unknown

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

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.

Solar panel on a red roof

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

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 indemnification

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 IP Lawyer

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