China IP theft

The Huawei Indictments are the New Normal

1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei’s U.S. subsidiary under the direction

International arbitration lawyers

Arbitration in China

Chinese companies (especially SOEs) increasingly require their contracts with foreign companies provide for disputes to be resolved by arbitration in China. Our China lawyers are seeing mostly CIETAC and BAC arbitration clauses. Many of our American and European clients are uncomfortable with arbitrating against a Chinese company in China as they are convinced they cannot “get a fair

Chinese company due diligence Seal or Chop

China Company Chops: The Basics

It is nearly always a good idea to have your Chinese counter-party “chop” or “seal” your China contracts with their official China company chop. There are many types of company chops. Which one should be used? How do you know if the company chop is real? What does a real China company chop look like?

China litigation

Settlement With Chinese Companies Before Litigation or Arbitration: Good Luck with That

Chinese companies tend to view litigation and arbitration differently from Western companies. Western companies generally view litigation as expensive, risky, time-consuming, and unpleasant and they strive to avoid it. Chinese companies tend to be reluctant to engage in good faith settlement negotiations for fear the opposing side will see that as conceding that their position


China Contracts with Hong Kong Jurisdiction: No, No, No

Hong Kong courts are world class and most companies would rather have their disputes against their Mainland China counter-parties resolved in Hong Kong instead of in Wuxi or Harbin. Hong Kong as jurisdiction of choice is alluring. But for all sorts of reasons, it’s a trap. Let me explain. In 2008, China and Hong Kong

CHina Cyber Law

China Establishes a Cyber-Court

China has adopted a plan to establish a cyberspace court in Hangzhou. The plan is for this court to accept filings electronically, try cases via livestream and hear only e-commerce and Internet related cases. Why Hangzhou? Under Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s domicile. For companies, domicile

International litigation and debt collection

Suing Chinese Companies and Citizens in the United States and Canada

A German lawyer, representing a German company owed lots of money by a Chinese citizen, wrote me last week to discuss retaining my law firm to help the company collect on its debt by seizing U.S and Canada real property held by the Chinese citizen. This lawyer was coming to me because he had liked

jeremy wariner

China Employee Discipline: Your Rules and Regulations are Just a Starting Point

Every employer in China should have its own set of Rules and Regulations because without one you will have an extremely tough time terminating a China employee. Many companies doing business in China have learned the hard way that terminating China employees is difficult. Recognizing this, many foreign employers in China now have a Rules