Category Archives: China Law

Baidu Wins New York Seach Results Lawsuit, and I’m Perplexed

March 28, 2014

This case goes back a few years. Some activist types in New York filed a federal suit against Baidu because their propaganda political speech did not pop up in search results. Claimants said that Baidu had violated their right to free speech. At the time, I responded with a rant, “Baidu vs. NYC Dissidents: Why [...]

Wherefore Bribery and Corruption: Another GSK Post

August 28, 2013

A lot of folks are talking about the spectacle of expat investigators Peter Humphrey and Yu Yinzeng, who have been caught up in the GSK bribery scandal: On Tuesday, the couple appeared on China’s central broadcaster CNTV handcuffed and wearing orange prison vests, their faces blurred, admitting to “buying and selling” information in the course of various [...]

GSK: Should Have Seen It Coming?

August 6, 2013

Until now I haven’t written anything on the corruption scandal rocking pharma giant GlaxoSmithKline, partially due to other commitments but also because I didn’t really see an interesting angle. Let’s face it, this is not the first corruption story to hit the China foreign investment community, and it will not be the last. Neither is [...]

Why Are Lawyers in Asia So Cheap?

June 25, 2013

To be clear, it’s not so much the lawyers who are cheap, just legal fees, at least compared to the U.S. and EU. This is the topic of “Asia’s Low Legal Stakes,” a recent article in The Asian Lawyer. Now wait, I know what you’re thinking. During this busy time of the year (for me), [...]

Protesting Too Much

June 9, 2013

China will continue to create fair, justified and open conditions for foreign businesses, Vice Premier Zhang Gaoli said in Chengdu on Thursday. Zhang made the remarks while meeting with attendees of the 2013 Fortune Global Forum, which opened on Thursday in Chengdu, capital of southwest China’s Sichuan province. (Xinhua) You see one of these stories [...]

‘Meat Is Murder’ and Other Meat-related Crimes

May 7, 2013

No one is talking about murder yet, but it’s just a matter of time. The latest food quality scandal in China is humming along steadily at the moment, with accusations flying, arrests being made, and protestations being hastily issued by restauranteurs and others in the food biz. All this turmoil just because mutton was replaced [...]

A Writing Tip for Lawyers Doing Newsletters

May 1, 2013

As someone who has been writing legal newsletters (or similar) for about 15 years, I speak with authority on this subject. I’ve also helped to train a boatload of lawyers with respect to drafting a variety of documents, both formal and informal. The problem is that most lawyers are wholly unfamiliar with the concept of [...]

China Arbitration Follies

April 28, 2013

A while back, I wrote about the feud between the China International Economic and Trade Arbitration Commission (CIETAC) and, well, itself, specifically Beijing (aka headquarters) and its sub-commissions in Shanghai and Shenzhen. The latter two went rogue, with Beijing saying that the “CIETAC” moniker was no longer available to them and that anyone choosing to [...]

China’s Lawyer Leaders and the Rule of Law

March 23, 2013

Great post by Rachel at Tea Leaf Nation on whether China’s new leaders, some of which have law degrees, will be more likely to work on rule of law issues. My conclusion: maybe, but not because they have law degrees. Most of the post is devoted to netizen chatter on this issue, and I particularly enjoyed [...]

Railroads, Restructuring and Priorities

March 22, 2013

The decision by China’s government last week to abolish its railways ministry could have three possible consequences, which have raised concerns among the public after plans to scrap the debt-laden and scandal-ridden ministry were initially welcomed. (WantChinaTimes) The article from which I grabbed that quote is entitled “Public fear higher prices as China’s railways ministry [...]

Back in Beijing

March 17, 2013

OK, time to catch up with a few admin issues, not to mention the news. As I mentioned previously, I’ve been spending the past couple weeks in Pennsylvania at corporate HQ getting up to speed on the new professional gig (FYI: I finally updated my bio with details). I’ve been enjoying such learning opportunities as: [...]

China Word of the Day: “Restructuring”

March 10, 2013

I’m feeling like a big cliche at the moment, sitting here at a Starbucks in scenic Exton, Pennsylvania and trying to get a little blogging in between other commitments. Blogging at a Starbucks, surrounded by suburban Americans with their bizarre custom coffee orders — it’s like the first half hour of a Rom Com. Anyway, [...]

China Gets Serious About Diagnosing Online Game Addiction. I Am Not Making This Up.

February 19, 2013

Okay, so I’ve done my part over the years making fun of anyone who thinks Internet/online game addiction is a real disease that deserves diagnostic criteria, special facilities, trained health care professionals, etc. Regardless, there is a constituency here in China who takes this very seriously, probably the same folks who think that if a [...]

InBev-AB Acquisition of Jiangxi Brewery. Any AML Implications?

February 1, 2013

You might not have caught the news from early in the week about a possible acquisition of a Chinese brewery by beer colossus InBev-AB. I didn’t see much coverage of the deal, and to be honest, it is a fairly run-of-the-mill M&A transaction that probably means little to folks outside of the beer/beverage market. Moreover, the story [...]

Promoting China Law to Foreigners. Wait, What?

February 1, 2013

See if you can figure out what all this means: Local television should broadcast an English-language legal program to make foreign residents more aware of Chinese law, a partner from a local law firm proposed Tuesday at the annual meeting of the Shanghai People’s Congress. “If Shanghai wants to become an international finance and shipping [...]

In Defense of China’s Golden Week

January 17, 2013

There is a lot to dislike about China’s ginormous week-long holidays, one of which, Spring Festival/New Year, is coming up in a few weeks. The crowds are larger than you can imagine, requiring some sort of logarithmic scale of imagination to comprehend, the weird system of moving around weekend days is bizarre and uncomfortable, and [...]

Rolls-Royce Faces China Bribery Probe

January 7, 2013

Uh oh. Stop me if you’ve heard this story before: foreign multinational, State-dominated industry sector, and State-owned enterprises. Corruption? You better believe it’s possible. We won’t know whether this particular smoke will lead to an actual fire, but at this point, it doesn’t look like the allegations concerning bribes from Rolls-Royce to an executive at [...]