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

China employment law

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

Chine employment lawyer

China Vacation Pay: How not to get Sued

Foreign company employers in China constantly get sued over employee vacation days. The very short version of the general rule regarding vacation days in China is that any employee who works continuously for a year is legally entitled to annual paid leave (a/k/a paid vacation days). This is not news to China-based foreign employers as

China Joint Ventures

China Joint Ventures: This Time We Blame The Victims

We are writing about joint ventures because as doing business in and with China becomes more complicated and risky we are seeing a resurgence in companies wanting to go into Chinese joint ventures and in companies coming to us needing legal assistance with their failed and failing China joint ventures. In many cases we are

China WFOE local sales

“Going Local” to Preserve Your China Sales

Our clients in many industries that sell their products and/or services to Chinese state-owned (SOEs) and city owned companies are reporting increasing roadblocks to their sales. They are telling us that the Chinese government is increasingly favoring Chinese domestic companies over them, based on “orders” they are getting from on high. The Chinese government has

Transfer Pricing China

China Transfer Pricing Laws: Because They Matter

If you had told me ten years ago that I would one day be writing on transfer pricing, I would never have believed it. Heck, if you had told me ten years ago that I would one day be writing on transfer pricing, I might have considered going into a different field. Even three years

How to avoid going to jail when traveling internationally

How to stay out of Foreign Jails and What to do if Arrested

Yesterday, in Americans, Australians, British and Canadians Are Being Singled Out in China and I’ve Got Proof I wrote how the CCP singles out people for arrest on criminal charges based on their nationalities. In response to that post, I got the following email: I am an Australian citizen and you are right that we