The Current State of FDI
美国企业非法解僱员工
美国律师-客户保密特权
美国的版权制度
美国的仲裁制度
中国公司出海、在美国怎么选择注册公司的州
第二部分 ： 应对中国电信服务中的外商投资。 在第二期节目中，专家们讨论了中国增值电信服务法规的改革。其中，对外国参与的潜力、对外国互联网公司的影响以及获取许可证的复杂性，都进行深入探讨。讨论内容包括历史背景、政府对外商投资的态度以及考虑进入中国市场的公司所需的实际策略。Tracey提供了宝贵的见解，帮助企业应对监管挑战，并分析了未来行业可能发生的变化，很值得借鉴。
在本期《China Business Law Podcast》中，主持人Art Dicker与嘉宾Tracey Tang深入讨论了中国关于应用程序备案要求的新规，以及对外国公司在增值电信服务（VATS）领域投资所带来的影响。第一部分：应对中国新应用程序的备案要求。作为在TMT行业具有丰富经验的法律专家，Tracey Tang详细阐述了这些法规对外国应用程序开发商，特别是数字娱乐和游戏行业的影响。对于在中国设立公司的复杂性、获得各种许可证的必要性，以及在遵守中国法律的前提下，是选择与本地合作伙伴合作，还是采用VIE等法律结构，都是重要的安排。同时，对于外国应用程序开发商在新规下面临的挑战和时间线，以及这些规定对其在中国的业务运营可能产生的影响，两位专家给出了自己的独到见解。
In this episode of the China Business Law Podcast, hosts Art Dicker and Iris Yuan interview Ying Song, Executive Partner at the law firm AnJie Broad who has personally handled numerous well-known cases as an expert in anti-monopoly law (AML). Ying provides insights into how Chinese authorities handle different types of cases and also gives us an in-depth comparison of China's AML practices with those in Europe and the U.S. 在本期《中国商法播客》中，主持人 Art Dicker 和 Iris Yuan 采访了安杰博德律师事务所执行合伙人宋迎 ，宋迎 是反垄断法 (AML) 专家，曾亲自处理过许多知名案件。宋迎 对中国当局如何处理不同类型的案件进行了深入分析，并深入比较了中国与欧洲和美国的反垄断实践。
Happy International Women’s Day! The theme for this year’s International Women’s Day is #Break The Bias. In this episode, guest host Kim speaks to Orianne Dutka, a former attorney who worked in private practice (FCPA investigations), government (education) and not for profit specializing in disability rights before finding her calling in creative writing, and is currently working on a novel as well as a screenplay! An accomplished violinist as well as an ultra-marathon runner, Orianne shared with CBLP her life changing experience in Beijing that enabled her to finally pursue what makes her heart sing. Orianne’s entire career path has been nothing short of extraordinary and she has been breaking biases along her journey. In addition, she also shared her personal story on how a supportive community in Huang Shan, Yellow Mountain in China broke the bias by supporting wheelchair users to climb the mountain; also how by constantly self-reflecting and not putting ourselves down we can stop perpetuating some of the biases that exist. We hope you enjoy this episode!
Doreen Jaeger-Soong, Managing Director at Hughes-Castell, one of Asia’s leading executive search firms, discusses the paths for lawyers and the choices they must make as they progress through their career in China. We cover both in-house and law firms, international firms and PRC firms, and the pros and cons of switching between the two. Doreen has been an authority on the legal market in China for over 30 years, and she shares those decades of wisdom using real life hypotheticals on what she would recommend for different lawyers at different stages in their careers. You won’t want to miss this episode.
In this two part interview, Boon Kim Fam talks with Kent Kedl and Tung Jung (TJ) Tan, Partners at Control Risks on have to identify and handle conflicts of interests among employees, vendors, and other business partners. Be prepared to listen to some fantastic stories on using modern forensic accounting tools combined with years of experience of knowing where to look for problems. And on how services like this in the M&A context don’t usually stop deals, but instead add value by creating better deals.
In this two part interview, Art Dicker and guest host Iris Yuan talk with Mavis Tan and Jessica Pyman, Partners at Control Risks based in Hong Kong. On how to prepare for litigation including fit-to-sue analysis, securing evidence, use of experts, and finding pressure points that help lead to a favorable settlement. Mavis and Jessica explain how lawyers can work side-by-side with someone like Control Risks for a more comprehensive and often practical approach to building and implementing an effective litigation strategy.
Boon Kim Fam talks with Shirley Zhang, Global Compliance Director at Dover Fueling Solutions. On running a global compliance program out of Shanghai for a multinational company. On the challenges of “work-life integration” and time management during COVID-19. And how Shirley and her team manage to stay on top of an ever increasing number of data privacy and other compliance regulations around the world.
The Variable Interest Entity. Sounds like a boring term an accountant or lawyer might use. Well it is an accounting term, but it’s anything but boring when you know how its used in the real world. It’s the key to how all Chinese internet companies have been structured to go IPO outside of China for the last 20 years. Let’s just say it’s a bit of a clunky workaround to deal with restrictions on foreign investment in the internet space in China, and despite its clunkiness, it’s still going strong today. We’ll get into the notorious Alipay – Softbank – Yahoo story and others where the VIE was center stage in that drama. Check it out with our guest Ma Xiaohu, one of the leading early technology lawyers in China who along with a few others had to come up with all these wonderful structures 20 years ago to enable that first batch of Chinese internet IPOs to happen…
本期我们与复星集团法务部执行总经理Iris 袁佳丽、FMC亚太区知识产权事务负责人Leo 李灵川进行了Lawyers Unscripted. (Unscripted means free flowing conversation, not overly planned out in advanced.) 10' IP律师业务模块介绍 16' in-house工作的沟通方式 对比与在律所工作的思考方式 30' 时代背景下对职业转变赋予的自由空间 以及新兴行业的发展对于跨领域/跨界人才的需求 41' 客户对外部律师的真实需求 47' MBA对软实力的培养 51' 如何建立对客户的吸引力与信任感 59' 如何看待行业选择
我们访谈了Hughes - Castell的Sherry、Vicky, 以大中华区专业的法律猎头角度讨论律所的律师与企业的法务之间的市场情况。 3'05'' “后新冠时代 ”中国法律市场的情况7'17'' 给新手律师执业领域的建议以及一个新兴领域，财富管理的相关介绍23'30'' 从甲方企业视角给新手律师以执业领域方面的建议。延伸话题：从律所跳槽到甲方企业是否需要接受降薪34'11'' 现在的法总比起十年前的法总有什么不同42'27'' 目前内资所和外所的招聘要求分别是什么，以及优秀的律所合伙人有哪些表现50'40'' 国内民企和跨国公司分别是什么招聘要求，区别在哪
We talk with Tim Klatte, head of Shanghai Forensic Advisory Services at Grant Thornton China and Qiao Peng, Partner at R&P China Lawyers. Tim and Qiao share best practices on conducting internal investigations, including several case studies, as well as how lawyers and forensic accountants work together for clients in the investigations process. -How has compliance practices by big companies changed over the years in China? -Is there anything about business in China that makes compliance issues and internal investigations more likely to arise? -Case studies about rogue GM and related party transactions and conflicts of interest-Issues of legal privilege, issues of cross-border cultural sensitivities -How to build and use evidence in a case for either convincing the person to leave or for court, if necessary.
我们邀请了高焕勇律师，美国盛智律师事务所上海代表处知识产权、诉讼业务及公司业务组的合伙人，访谈关于标准必要专利全球许可费率的管辖权： 美国，英国和中国的比较。4:12: 标准必要专利和公平合理和无歧视原则（FRAND）19:30: 标准必要专利全球许可费率的重要性19:50: 美国：TCL诉爱立信27:50: 英国：康文森无线许可诉华为和中兴36:36: 中国：中兴诉康文森无线许可（最高人民法院）43:00: 战狼精神47:00: 国际化公司的全球化应对策略。51:44: 中国：小米诉交互数字公司（武汉中级人民法院）
The host, Art Dicker, discusses the legal issues and risks surrounding mask and other PPE procurement from China. Art is joined by long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory.-Drafting precise language on product deliverables and specifications-Including dispute resolution language in the contract-Challenges of enforcing a US legal judgement in China-Challenges of collecting evidence and bringing a case directly in China-Alternative means to enforce a judgment-Benefits of arbitration instead of litigation-Specifying damages on breach, e.g. liquidated damages
We talk with long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory on multiple real world cases of sourcing PPE product from China. On some of the potential pitfalls involved and best practices to reduce risk.-Why do prices fluctuate so much and how much time do customers typically have to decide on a deal?-How can a buyer find other ways to reduce total order costs (e.g. shipping and logistics) beyond price?-How does payment work and how much must be paid upfront on orders?-How to educate buyers who are inexperienced in buying PPE or buying anything from China?-What kind of vetting and other due diligence can be done on manufacturers and trading companies that sell PPE?
我们访谈了戴冠春律师，竞天公诚律师事务所合伙人，钱伯斯亚太地区公司/并购第四梯队，ALB中国十佳并购律师。3:10 介绍怎么选择了IPO业务领域5:30 IPO业务领域的发展趋势 9:30 在美国、香港、大陆上市的区别，以及律师的业务重心26:16 科创板IPO的特殊性，以及律师的业务重心36:50 中概股二次上市42:00 财务问题对企业的影响46:40 IPO业务的律师流程，以及法律层面重要的问题56:50 体育行业经验分享
We are joined on our sister show Ganbei by Brian Fleming, Member at leading Washington DC law firm, Miller & Chevalier. Before joining the firm, Brian spent several years at the US Department of Justice working on national security issues related to export control, CFIUS investigations, and other compliance and enforcement efforts on international trade.Brian and Art discuss the recent Executive Orders restricting the use of WeChat and TikTok and the ongoing discussions about a potential sale of TikTok and the concurrent CFIUS investigation.-What is the legal basis behind the TikTok and WeChat Executive Orders?-How will the 45 day time frame and process work for the Commerce Department to identify transactions subject to these orders?-Are US companies' China subsidiaries covered by the order on WeChat? -Will US citizens really fall under this rule and be prevented from using WeChat from a practical perspective, even in China? Can they really enforce this rule on a person-by-person basis? Who is really being targeted by this rule? -Will the app stores like Apple and Google be forced to take down the app?-Why was the Executive Order for WeChat limited to transactions with WeChat and not transactions with Tencent, whereas the order on TikTok was much broader to include all transactions with Bytedance?-How hard will big business be lobbying to get this rule narrowly applied? -Is there a license exemption process for companies to use and what can we learn from the Huawei experience with similar licenses? -Can Tencent and Bytedance appeal these Executive Orders?-What is the status of the CFIUS investigation into Bytedance and its 2017 acquisition of Musical.ly and how does that interplay with the discussions now on banning TikTok? -What is coming next with respect to a potential sale to Microsoft or Twitter?-How have CFIUS investigations driven other companies to be sold when held by Chinese buyers?-How is the Administration using the Executive Order and the CFIUS investigation together as a coherent strategy? -Was it obvious back in 2017 that Bytedance should have made a CFIUS filing for its acquisition of Musical.ly?-How does the acquisition of a lip-synching app like Musical.ly trigger national security concerns?-Can any Chinese company that handles a large amount of personal data on US citizens put in place mitigation measures to that will actually satisfy CFIUS in the current political environment?-Is CFIUS really the right tool to be using to screen foreign companies and especially Chinese companies from doing business with large amounts of data or acquiring sensitive technology in the US?
Joey tells us about his story of moving to the US as a young kid and learning through mentors and internships to find what he loved to do in life. Art Dicker joins the discussion as well, and Joey and Art discuss how people can make wise career decisions and avoid mistakes when deciding to enter professional fields like finance or law.
We talk with Boon Kim Fam, Senior Legal Counsel, Compliance, Asia Pacific at PVH Corp. (parent company of Calvin Klein and Tommy Hilfiger).2:10 How prior government experience helped Kim in her compliance role today.3:13 What kind of compliance issues are unique to a retail business?4:26 Is the scope of a typical compliance role becoming broader now to cover things like data privacy?8:20 How do you get your message across in training the business teams?12:04 How do you do trainings for 3rd party business partners such as vendors and distributors?13:18 Any differences between working with the business teams in China and in other parts of Asia Pacific?16:38 How to get the senior management to help drive and support the compliance program?21:21 How about empowering middle management who are often the first to encounter problems?23:40 Making your presence felt in the region when the compliance team sits in the regional headquarters.26:38 Is face time still important in a compliance program with the prolific use of video conferencing now?28:20 Business is getting done despite a dramatic reduction in travel and entertainment with clients because of COVID-19. Will this lead to a permanent reduction in compliance risk to the company?29:05 What do you see as changing trends for compliance in Asia Pacific?
Art Dicker is interviewed by Xnode's Ian Yu on how corporate venture capital operates, how its different from institutional venture capital funds, and how startups should approach and work with venture capital investors.
Amcham's Kate Magill and I host Jeffrey Wilson, counsel at Junhe on commonly asked questions on key employment law issues that have arisen for foreigners in China. Including if a company can force you to be tested or quarantined and if a company can fire you if you're stuck outside the country.
