1. The New Tariffs The Office of the U.S. Trade Representative (USTR) formally published a notice in the Federal Register (this means it is official) confirming President Trump’s by now famous weekend tweet: U.S. imports of Chinese products, valued at $200 billion, that have been subject to 10 percent tariff since September 24, 2018, will now be subject to
1. Selling a China WFOE In the last year or so, our China lawyers have been seeing a steady increase in emails from people inquiring about selling their China WFOEs. I have gotten three or four of these in the last month alone, including the following one this week, which is fairly typical: I have
Contents of this Article Implications and Practicalities of China’s E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China’s New E-Commerce Law? Impacts on Foreign Brands Selling to China’s Consumers via Cross-Border E-Commerce Implications
As regular readers of this blog should know, our China corporate lawyers have a long history of skepticism regarding China VIE structured entities. In 2013, in China VIEs: What Me Worry? we had this to say about them: China VIEs. In a nutshell, we don’t like them, don’t trust them, and don’t do them. Quite frankly,
1. What is an NNN Agreement? A Non-disclosure, Non-use and Non-circumvention Agreement (NNN) is an agreement used to protect confidential information, and to prevent a company or person from using your information to compete against you or go around you to your own customers. These contracts are commonly used before revealing anything important to anyone
I am sorely tempted to use the Varsity Blues college cheating scandal as a teaching moment on how we Americans need to look more deeply at the rising inequality and unfairness in our country, instead of falling back on comfortable tropes like how we are the land of opportunity. Since this is probably not the
1. Typical Boilerplate Provisions The Western world — particularly the Anglo-Saxon/common law world — is used to ultra-long contracts for everything. A contract to buy $6,000 worth of rubber duckies will include all sorts of boilerplate provisions, such as one making clear that buying rubber duckies does not make the buyer and seller parties a
It is not news that Chinese labor authorities have been cracking down on employers that fail to make social insurance payments for their employees. What is news is that Chinese labor authorities are taking that enforcement to the next level. Last week, 28 government departments (including the National Development and Reform Commission, the People’s Bank
On September 5, 2018, the PRC National People’s Congress issued a new draft of Several Sections of the PRC Civil Code (the “Draft”) for public comments until early November. The Draft would provide heightened protection against sexual harassment on a national level and would also impose more obligations on China employers. Below are a few highlights
Photo by George Baird I had a sorta friend in college who smoked like a chimney and drank like a Supreme Court Justice. When people would point out the danger of his ways, he would respond by emphatically noting that his grandfather also smoked and drank just as much and he did and his grandfather
