The China Law Podcast: All Episodes

Mar 26, 2020
The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Listen now on Apple Podcasts, Spotify, Google and Overcast
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Post-Election Special Part I – US-China Investment Under a Biden Administration

With a new U.S. presidential administration all but confirmed, all eyes now are on how a Biden presidency will differ from its predecessor in terms of its policies towards China. Jeremy Zucker and Yang Wang discuss FDI flows between the two countries, the outlook for cross-border M&A, the potential policy tools used by the Biden administration in this area, and more.

Guests:

Jeremy Zucker is co-chair of Dechert’s International Trade and Government Regulation practice based in Washington, D.C. He has extensive experience advising on national security reviews of FDI by the Committee on Foreign Investment in the United States (CFIUS).

Yang Wang is managing partner of Dechert’s Beijing office who focuses his practice on cross-border M&A, private equity, venture capital investments and capital markets.


China’s First Comprehensive Personal Data Law – Barbara Li, Rui Bai Law Firm

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Data protection has been one of the top priorities for lawmakers and regulators in China in recent years, as concerns over the commercial collection and processing of personal information have increased alongside the explosion of the country’s internet economy. Barbara Li analyzes the extraterritorial reach of the new draft PRC Law on the Protection of Personal Information (中华人民共和国个人信息保护法), its provisions on cross-border data transfer, why the law is good news for GDPR compliant international companies, and more.

Guest:

Barbara Li is Head of Corporate at Rui Bai Law Firm in Beijing, where she spearheads the TMT and FinTech practices.


“Conscience-Keeping” for a Multilateral Development Bank – Abhimanyu Ghosh, New Development Bank

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Established in 2014, the New Development Bank was set up by China and the four other BRICS countries to finance infrastructure and sustainable development projects in the BRICS and other emerging economies. Abhimanyu Ghosh discusses his role at the bank, the bank’s rapid response to COVID-19, setting environmental and social standards for their loans, as well as how working for a multilateral development bank is different from working for a law firm.

Guest:

Abhimanyu Ghosh is Senior Counsel at the NDB, based at the bank’s headquarters in Shanghai. The NDB in-house legal team was the winner of the In-House Team of the Year International at the recent 2020 China Law and Practice Awards.


Podcast #21: Delivering Value as an In-House Counsel for a Multinational in China – Myra Gao, Danfoss China GC

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Traditionally, in-house lawyers in China have not been viewed as a core component of business strategy, but this has changed massively in recent years, with in-house counsel increasingly looking to get involved in major decision-making. Myra Gao discusses her role at Danfoss China, the growing attention she pays to export control developments on both sides of the Pacific, the company’s quick and early response to COVID-19, as well as the rapid development of China’s environmental regulations.

Guest:

Myra Gao is Head of Legal at Danfoss China and winner of the General Counsel of the Year International at our recent China Law and Practice Awards 2020.


Podcast #20: China’s New Export Control Law and Redefining National Security – Nathan Bush, DLA Piper

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Export controls have been one of the main policy tools wielded by the Trump administration in its trade and technology war against China. Now, China has made its first major move in response, with a new law specifically focused on export controls. Nate Bush discusses the scope of items the new law covers, the ways in which it departs from the export control regimes of other countries, the implications for companies from third countries amid worsening US-China relations, and more.

Guest:

Nate Bush is a partner at DLA Piper in Singapore where he heads the firm’s Asia investigations as well as antitrust and competition practices.


Podcast #19: The Future of Foreign Investment in Shenzhen’s Financial Sectors – Eric Liu, Zhao Sheng

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This week, the southern major city of Shenzhen in China’s Guangdong province celebrated the 40th anniversary of the establishment of the Shenzhen Special Economic Zone, China’s first. Eric Liu discusses Shenzhen’s new five year development plan; loosening of rules surrounding foreign exchange and remittances; imminent stock market reforms, and more.

Guest:

Eric Liu, Managing Partner of Zhao Sheng Law Firm based in Beijing and Shanghai, where it is in a joint operation with global law firm Linklaters. Eric’s work focuses on cross-border M&A and joint ventures, in particular the financial markets and insurance sectors


Podcast #18: Navigating Business Expansion, COVID-19 in China as a General Counsel – Judy Wong, Tricor Group

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In-house legal departments around the world are under more stress than ever, with the COVID-19 pandemic causing massive upheavals to businesses’ operations, often at breakneck speed. Judy Wong discusses Tricor’s operations and strategy in mainland China, as well as the impact of the pandemic on her work.

Guest:

Judy Wong, group chief legal counsel and chief compliance officer for Tricor, a business expansion consultancy in Asia based in Hong Kong, with 47 offices and 2,700 employees spread out across 21 countries and territories around the world


Podcast #17: Arbitration in China and its Growing Internationalization

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With arbitration being the preferred method of dispute resolution globally for international commercial contracts, China has recognized the need to modernize its arbitration system and bring it in line with international best practice as it embarks on high-value global investment projects. Hu Ke shares insights about Beijing’s pro-arbitration strategy; its ties to the Belt and Road and the Greater Bay Area initiatives; major reforms opening up the mainland market to foreign arbitral institutions, and more.

Guest:

Hu Ke, a Beijing-based disputes partner at Jingtian and Gongcheng who specializes in international litigation and arbitration


Podcast #16: Turning Tides – EU Foreign Investment Screening, COVID-19, and Growing Scrutiny on China

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Chinese FDI in the European Union has skyrocketed over the last decade, increasing by almost 50 times between 2008 and 2016. However, investment levels have since flatlined and even fallen as a result of both a downturn in China’s domestic economy as well as growing political headwinds in the global business landscape. Caroline Thomas and Jay Modrall discuss the new FDI screening regulation coming into effect next month in the EU, as well as an implementation guideline for the regulation issued in March by the EU’s executive arm, the European Commission, in response to the pandemic. On the UK side, we discuss what the country’s foreign investment landscape post-Brexit might look like particularly with a new foreign investment screening regime to be introduced in the form of a new piece of legislation set to be tabled in the coming months.

Guests:

Caroline Thomas, a competition partner at Norton Rose Fulbright based in London with 15 years of experience in advising companies on all aspects of UK and EU competition law, including merger control and state aid

Jay Modrall, a competition partner at Norton Rose Fulbright based in Brussels with 27 years of experience advising companies on EU and international competition work, in particular the review and clearance of international mergers and acquisitions


Podcast #15: Data War – China’s Cross-Border Data Controls Compared with the EU, US

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The rapid growth of the internet economy over recent years has ushered in a new frontier in the ongoing battle between the world’s biggest superpowers: data protection. Dr Bo Zhao draws on his comparative research background to share insights on China’s rules and regulations surrounding the cross-border transfer of data and how they compare with other jurisdictions, including the EU and the US. Moreover, we discuss what limits there are on the Chinese government to access data stored in China by Chinese and foreign companies.

Guest:

Dr Bo Zhao, Senior Research Fellow at the Tilburg University School of Law in the Netherlands. Bo’s research covers comparative data privacy protection law, especially cross-border data protection and cybersecurity law and policy issues in China.


Podcast #14: CFIUS and its Impact on Chinese Investment in the US

Apple Podcasts    Spotify    Google Play

With news about Chinese video-sharing platform TikTok dominating headlines, attention is being paid once again to the government body at the center of reviewing inbound foreign investment into the U.S., the Committee on Foreign Investment in the United States (CFIUS).

Guests:

Jeremy Zucker, Washington, D.C.-based partner at Dechert, where he is co-chair of the firm’s International Trade and Government Regulation practice

Darshak Dholakia, Washington, D.C.-based partner at Dechert, part of the firm’s CFIUS team


Podcast #13: The Challenges of Regulating US-Listed Chinese Companies

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On May 20, the U.S. Senate unanimously passed the Holding Foreign Companies Accountable Act, a bill that threatens to delist from U.S. stock exchanges foreign companies that use accounting firms that cannot be inspected by U.S. regulators. Although the bill’s provisions apply globally, some apply especially to Chinese companies.

Guest:

Shaun Wu, Hong Kong-based partner at Paul Hastings. He leads the firm’s Investigations and White Collar Defense and International Litigation practices in Greater China, representing multinational corporations in high-stakes investigations and regulatory enforcement across the Asia-Pacific.


Podcast #12: How China’s Cybersecurity Review Poses Challenges to Foreign Suppliers

 

Just as the United States is beefing up its scrutiny of the supply chains of its critical infrastructure, China has also launched a new cybersecurity review for mitigating the national security risks posed by theirs. Barbara Li and Zhou Yang explain the scope and process of the cybersecurity review, the basic steps parties must take in order to comply, the implications for foreign suppliers, and more.

Guests:

Barbara Li, Head of Corporate at Rui Bai Law Firm in Beijing, where she spearheads the TMT and FinTech practices. Former vice chair of the Cybersecurity Sub-Working Group of the EU Chamber of Commerce in China

Zhou Yang, a Shanghai-based partner at Zhong Lun Law Firm specializing in TMT and cybersecurity issues


Podcast #11: What the PRC Civil Code Means for Doing Business in China

China finally has a Civil Code after multiple failed attempts at creating one. The Code defines the rights and duties of China’s 1.4 billion citizens and has implications for all segments of Chinese society, from consumers to investors to businesses. Ulrike Glueck and Michael Munzinger break down the gigantic piece of legislation into key takeaways for businesses and investors in China.

Guests:

Ulrike Glueck, Managing Partner and Head of Corporate of global law firm CMS’ Shanghai office

Michael Munzinger, counsel for CMS in Shanghai


Podcast #10: Special Roundtable on Hong Kong’s National Security Law and the US Response

A strict new national security law has arrived in Hong Kong, marking the most significant shakeup to the city’s relationship with the mainland since the handover more than two decades ago. In this special roundtable episode, three lawyers dissect the implications for businesses of the new law as well as the Trump administration’s response in the form of sanctions and greater export control restrictions.

Guests:

Thomas So, a Hong Kong-based partner of Mayer Brown and a member of the National Committee of the Chinese People’s Political Consultative Conference

Wendy Wysong, Hong Kong managing partner at Steptoe & Johnson and former Deputy Assistant Secretary for Export Enforcement in the U.S. Department of Commerce

Nick Turner, Hong Kong-based of counsel at Steptoe & Johnson and former regional sanctions officer, senior vice president at Citibank in Hong Kong


Podcast #9: What Does Hong Kong’s Special Trade Status Really Mean?

 

Hong Kong’s special trade status is in jeopardy, but what does it actually mean? Wendy Wysong and Ali Burney explain what Hong Kong could lose if its special treatment under U.S. law is revoked, especially when it comes to U.S. export control regulations — a key area of U.S. law that has been front and center of the Trump administration’s campaign against Chinese businesses, most notably ZTE and Huawei.

Guests:

Wendy Wysong, Hong Kong managing partner at Steptoe & Johnson and former Deputy Assistant Secretary for Export Enforcement in the U.S. Department of Commerce

Ali Burney, a Hong Kong partner at Steptoe & Johnson and former analyst at the Office of Foreign Assets Control in the U.S. Department of Treasury


Podcast #8: The Unreliable Entity List, China’s Tit-for-Tat Retaliation

 

The China-U.S. trade and tech war has heated up significantly in recent weeks as the U.S. has ramped up export controls and made moves on Hong Kong. Lester Ross and Kenneth Zhou discuss China’s “unreliable entity list,” widely considered China’s main retaliatory weapon against U.S. companies. They analyze the potential legal bases for the List, the possible consequences for those companies listed, as well as lobbying efforts by American companies in both Beijing and Washington D.C.

Guests:

Lester Ross, head of WilmerHale’s Beijing office and Chair of AmCham China’s Policy Committee and Insurance Forum

Kenneth Zhou, a Beijing partner at WilmerHale and member of AmCham China’s Board of Governors


Podcast #7: ‘Unbundling’ China’s New Data Protection Standards

 

The Chinese regulators have finalized a new Personal Information Security Specification that lawyers recommend businesses comply fully with. Sherry Gong and Mark Parsons dissect the new national standard: the concept of unbundled consent, the impact on biometric data and targeted advertising, comparisons with the GDPR, and more.

Guests:

Sherry Gong, a Beijing-based partner at Hogan Lovells recognized as a leading lawyer in China’s higher education sector

Mark Parsons, head of corporate in Hong Kong for Hogan Lovells specializing in TMT sectors across the Asia-Pacific


 Podcast #6: Legal Issues Surrounding China’s Self-Driving Cars

 

The self-driving revolution is underway. Carmakers around the world are planning to have fully autonomous vehicles on the road by 2030. In China alone, it is estimated that there will be more than eight million autonomous vehicles on the roads by 2035. Mark Schaub discusses the opportunities for foreign carmakers in China, how autonomous vehicles and national security are linked, the emergence of self-driving car fleets, and more.

Guest:

Mark Schaub, a London-based senior partner at King & Wood Mallesons who specializes in cross border M&A, intellectual property, and private equity investment in China


 Podcast #5: Discussing new US Controls on Tech Exports to China with Amanda DeBusk, Former Commerce Department Official

 

The prospect of U.S.-China decoupling is looking more probable by the day as the Trump administration ramps up its controls on exports of sensitive technology to China. In this episode, Amanda DeBusk discusses the impact of new U.S. controls on Hong Kong, China’s military-civilian fusion, fears surrounding Chinese involvement in core U.S. infrastructure, and much more.

Guest:

Amanda DeBusk, chair of Dechert’s global International Trade and Government Regulation practice based in Washington D.C; former U.S. Commerce Department assistant secretary for Export Enforcement from 1997 to 2001


 Podcast #4: Michael Jordan’s Battle for his Name in China

 

Michael Jordan is a household name throughout the world, but in China, his name is at the center of a protracted dispute over the trademark rights to his name in Chinese. In this episode, we do a deep dive into Jordan’s eight-year battle to protect his brand in China: how it all began, the trademarks at stake, the legal arguments from both sides, and the courts’ rulings.

Guest:

Laura Wen-Yu Young, Managing Partner at Wang and Wang, a U.S. law firm specializing in intellectual property and investment in China.


Podcast #3: Pandemic Impact on Deals and Disputes – From Beijing to New York

 

More than 100 days after China first announced the emergence of a mysterious “pneumonia of unknown cause,” the virus has caused one of the largest lockdowns in human history and brought several major economies to a standstill. Scott Yu in Beijing and Meg Utterback in New York share their insights on the impact of the pandemic on international M&A and disputes.

Guests:

Scott Yu, a senior partner in Beijing co-heading the corporate and competition practice group at Zhong Lun Law Firm

Meg Utterback, a disputes and compliance partner at King & Wood Mallesons in New York


Podcast #2: Employers’ Coronavirus Obligations As Business Resumes in China

 

With the novel coronavirus outbreak now largely contained in China, growing attention is being paid to getting businesses back into normal operation and revitalizing a stuttering economy. Jonathan Isaacs discusses what obligations employers in China have as they resume operations, from providing sanitary equipment at work to reporting suspected cases of infection to the authorities. He also shares his analysis of employers’ liability if an employee contracts the virus, as well as the possible ways through which struggling businesses can reduce their costs during these tough times.

Guest:

Jonathan Isaacs, head of Baker McKenzie’s China employment practice based in Hong Kong


Podcast #1: Force Majeure in China – What It Means and How to Fight It

 

The coronavirus outbreak has caused massive disruption to businesses across China, leading many of them to issue force majeure claims to seek emergency exemptions to their contracts. In this episode, Edward Liu dissects the issue of force majeure from the perspectives of both the Chinese and foreign counterparties, shares insights on what role the Chinese government is playing, and provides practical advice on the steps you should take when faced with a force majeure claim.

Guest:

Edward Liu, a Hong Kong-based legal director at Hill Dickinson advising on disputes and maritime law matters, and an arbitrator of the Hong Kong International Arbitration Centre