China NNN Agreements

China NNN Agreements: The Questions We Get

When our China lawyers are tasked with drafting a China NNN Agreement, they start by sending the client a tailored questionnaire. Then once they have the answers they draft the NNN Agreement in English (for the client) and in Chinese (the official version). Most of the time, our clients at that point take the NNN

Doing Business in China

China Updates its Negative Lists, Dropping Restricted Categories by Nearly 25%

In late June, China provided its 2020 updates to its Special Administrative Measures on Access to Foreign Investment (the “Negative List”), which outlines the economic sectors where foreign investment is prohibited or limited in some way. These 2020 updates were jointly issued by the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce

Checklist for buying good from China

A Legal Checklist for Doing Business Internationally

Contents of this Article: Confirm Legality Create a Contract Protect Your Intellectual Property Comply With Export Control Laws Understand Employment Laws Comply With Tax Rules Lawyers love checklists, and we international business lawyers are no exception. Me, I love clients, not only because they are the lifeblood of my law firm and thus my livelihood,

China trademark movies

Chinese Entertainment Law: A New Audiovisual Work On The Horizon

China’s copyright law, in its present form, has been in place since 2010 and numerous proposals for amendments have been floated since that time. The National People’s Congress recently released another draft amendment and solicited public comment. As far as I can tell, this would be the 5th draft since 2010. In a recent post

china law blog

A Reality Check and a Word of Encouragement to the Aspiring International Lawyer

It has been eight years since my graduation from law school and business school. I started law school in the Fall of 2008 before the world fell apart . . . the last time. The reverberations of the financial crisis that started roiling the world in 2008 continued into 2012 when I graduated and started

China employment lawyer

China Employee Lawsuits for Late Salary Payments

China presumes employers are more powerful than their employees and so it explicitly favors employees. For example, not only does the law permit employees to unilaterally terminate their employment contracts by giving notice of leaving (unless one of the very limited exception applies), employees also may terminate their employment contract and demand statutory severance for

hong kong protest

After the National Security Law: What Next for Hong Kong?

On May 28, China’s primary legislative body, the National People’s Congress (NPC), announced a new law that, if imposed, will allow Beijing to tighten its authoritative hold over Hong Kong. Passed in the NPC by a vote of 2878 to 1, the national security law has bypassed Hong Kong’s own legislative procedures, and could have serious

expect the unexpected sign

Doing Business Overseas: The Trust Thing

As a business lawyer who specializes in international transactions, I spend about half of my time working on legal strategy with my clients. I describe legal strategy as figuring out what the right way is to get from A to B, and those are often separated by international borders, vast oceans, and language and cultural

young people in Hong Kong protesting for their independence

On Secession

One of the Chinese Communist Party’s (CCP) most persistent bugbears are separatist threats—real or imagined—on the fringes of its empire. The most recent manifestation of this concern has been the CCP’s response to the ongoing unrest in Hong Kong. On May 20, 2020, the National People’s Congress adopted a decision regarding “national security” in Hong

China FCPA

Criminal Law And Business In China: Too Often the Twain do Meet

In the United States and Europe, it is uncommon for a dispute between two business people to become subject to criminal law enforcement. This is not true in China. In doing business in China, you need to be aware of two things: the scope of economic crime there is far broader than you probably expect