March 2013 Stories of foreign investors in China falling victim to strategic rent-seekers are not uncommon, and often arise because the investors did not adequately employ corporate controls, thereby creating a lax environment that escalated into chaos. With proper understanding, preparation, and maintenance, foreign investors in China can establish a [...]

December 2012 Importing into China requires familiarity with relevant procedures, certifications, and regulations, as well as corresponding challenges. This is all the more crucial when importing food products, which are highly regulated. This CS alert discusses key steps to import food products into China, as well as strategic considerations for [...]

October 2012 A well-designed and enforceable contract increases the likelihood of a successful commercial exchange in China. As in any economy, China’s legal, regulatory, and commercial environment carries unique characteristics that can translate into significant risks for those unaware. A contract can become a platform from which to mitigate risk [...]

August 2012 The employment contract is the center of China’s employment system and is the basis for establishing an employment relationship between an employer and employee, and for setting out respective rights, responsibilities, and duties. In this Alert we discuss various contract-related matters that an organization engaging employees in China must [...]

June 2012   Background The People’s Republic of China (the “PRC”) has been faced with booming economic growth and, in this context, there have been a number of product liability episodes in the last few years, ranging from infant formula tainted with melamine to escalators unexpectedly reversing direction. Such product [...]

February 2012   Background The new Social Insurance Law (effective as of 1 July 2011) requires non-Chinese national employees to participate in China’s social insurance system, placing costs on the employee and the employer. The “Interim Measures for Participation in Social Insurance by Foreigners Employed in China” (effective 10 October [...]

November 2011 Non-Chinese companies that engage original equipment manufacturers (“OEMs”) in the People’s Republic of China (the “PRC”) may be unaware that they or the OEMs are infringing on the PRC-based exclusive trademark rights of third parties. Given varied interpretations of existing PRC trademark legislation, non-Chinese companies should carefully analyze [...]

June 2011 A new social insurance law (the “SI Law”) passed by the National People’s Congress will become effective on 1 July 2011 and be applicable throughout the People’s Republic of China (the “PRC”). The SI Law will have a direct impact on employment costs as it alters administrative and [...]

April 2011 Engaging in international trade with commercial counterparts in the People’s Republic of China (“PRC”) has the potential to be extremely rewarding; however, there is also corresponding risk. In order to mitigate this risk, buyers placing cross-border purchasing orders from Chinese manufacturers must consider a number of critical issues [...]

March 2011 New regulations regarding representative offices (“ROs”) became effective this month (the “New Regulations”), (Regulations on the Administration of the Registration of Resident Representative Offices of Foreign Enterprises, promulgated on 19 November 2010 by the Order of the State Council of the People’s Republic of China.) providing clarity on [...]