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

Bad China WFOE

U.S. Imports: Know Your Risks

Every year U.S. producers file 10-15 petitions asking the U.S. government to investigate whether certain products imported into the US are sold at unfair prices (antidumping or AD) or are unfairly subsidized (countervailing duty or CVD). Odds are good that at least two new AD/CVD petitions will be filed by Halloween and as many as

China lawyers for counterfeits

Using Section 337 Cases to Block Counterfeit Products from Entering the United States

With Amazon and Ebay having increased their efforts at bringing in Chinese sellers and with Chinese manufacturers branching out and making their own products, the number of companies contacting our international intellectual property lawyers about problems with counterfeit products and knockoffs has soared. If the problem involves infringing products being imported into the United States,

Enforcing a judgment in China

Enforcing US Judgments in China

At least once a month, one of our international litigation lawyers will get a call or an email from a U.S. lawyer seeking our help in taking a U.S. judgment (usually a default judgment) to China to enforce. The thinking of the U.S. lawyer is that all we need to do is go to a


Chinese Arbitration: A Guide for Foreign Companies

China Arbitration Clauses Chinese companies frequently require contract disputes be resolved through arbitration, often designating CIETAC in China as the arbitral institution. Many foreign companies are apprehensive about the fairness of arbitration in China. However, it’s important to understand Chinese arbitrators weigh both legal correctness and ethical equities when making decisions. This post discusses why

China corporate litigation

How to Fight Back Against China IP Infringement

My law firm’s international intellectual property lawyers are always helping companies that need help dealing with IP infringement in China. As a first step, we analyze the situation and propose a course of action. The following is an amalgamation of memoranda, done to convey both what goes on out there and how to deal with

Hague Service in China-and Taiwan

Serving a Complaint in China and Taiwan Under the Hague Convention

One of the many things that makes suing Chinese companies and individuals difficult is the requirement that service be done according to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, to which China is a party. Service of an entity or person in China under the Hague

Dueling Translations

Dueling Translations

Blog post at Letters Blogatory, entitled, Dueling Translations, expresses surprise/concern over how both parties in an ultra-high stakes international litigation matter “actually submitted dueling certified translations of the Ecuadoran appellate court’s decision. The post sees this as a waste of time and money: Really? Dueling translations? I know Randy Mastro and James Tyrrell are top

International Manufacturing Term Sheets

What to Do When You Get Bad Product from China

Our international dispute resolution lawyers must get some form of the following at least twice a week: I just received a shipment of bad product from China and my manufacturer is ignoring my refund requests. What should I do? Do I have a case? Our attorneys usually answer by saying it depends and then asking

International arbitration

China Litigation Basics

In Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation, China Law Insight discusses the lack of pretrial discovery in China court cases and why American companies and lawyers tend to be so ill-prepared for this. To grossly summarize and oversimplify the article, foreign (especially American) companies need to know the following three things about