Current sanctions, the risk of future sanctions, and foreign investment controls are some of the increasingly prominent challenges facing merger & acquisition (M&A) deals involving Chinese parties this year. While there is no universal solution for each transaction, there are still ways parties and lawyers can minimize the risk of problems arising.
People's Court clarifies liability for breach of non-compete clauses
China restricts export of personalized push services based on AI algorithms; JD.com wins anti-monopoly case with record damages; and China amends Criminal Law to increase punishment for corruption
The U.S. issues renewed national security legislation focusing on defense contracts with Chinese military companies; China amends its Company Law to strengthen the rights of shareholders; and China's top court set up a case database to standardize adjudication across the country.
Public may no longer be able to access court rulings as CJO database might be closing; Analysts worry a new CSRC draft might lead to problems with start-up financing; and China proposes a four-tier classification system to deal with data breaches
Chinese court established the FRAND rate for 5G patents in Oppo v Nokia case; Regulator warns Gotion of failing to disclose conditions of its deal with Illinois; and Apps like Alibaba Marketplace and Taobao Alliance are violating data collection laws
AI content protected by Chinese copyright law due to the addition of "human investment"; A provincial appellate court rules that Shanghai's Maichilin has infringed Michelin's trademark; and the ramifications of Shein's plans to file an IPO in the U.S.
Chinese auto companies are being asked CFIUS-like questions; Hong Kong's new reciprocal enforcement regime is expected to provide more certainty to parties; and MOFCOM clears unequal treatment for foreign investors.
A recent change in rules amends the jurisdiction of the IP tribunal of China's highest court, potentially freeing up judicial resources. Fang Qi and Danlei Wu of Fangda Partners review the new rules and their impact
U.S. further restricts export of chips to curb China's technological advancement; China bans domestic brokerages from offshore trading in order to stabilize its currency; and Chinese court continues to not recognize crypto lending in civil litigation cases
