Features & Analyses

Aaron Cutler, Partner at Hogan Lovells, Washington, D.C. speaks to Jacelyn Johnson on the new CFIUS rulings and its potential impact on Chinese investments in the U.S. Lawyers and in-house counsels should potentially understand the stricter controls imposed as FIRRMA will significantly increase the number of transactions subject to CFIUS’ review.

By Dieter Gericke, Gregor Bühler, Felix Dasser, Marcel Dietrich, Martin Grod and Reto Heuberger of Homburger AG

Xun Yang, partner, and Jianqi Yang, associate, at Llinks Law Offices in Shanghai discuss the key developments of the newly minted E-commerce Law, which showcases China’s determination to protect intellectual property rights, consumer interest and personal data, and what this means for e-commerce platform operators and online merchants.

As more U.S. and Chinese companies enter into business relationships, contractual arbitration provisions are becoming more important. Susan Leader, Brett Manisco, and Kristen Chin of Akin Gump Strauss Hauer & Feld consider the differences between US and Chinese litigation in court and private arbitration.

William Marshall of Tiang & Co speaks to Jacelyn Johnson about the exciting times of being a trade lawyer amidst a burgeoning trade war between US and China, the impact of tariffs, and what lawyers should expect and be mindful of when negotiating or advising on export and import matters, foreign investments, tax and customs regulations and other trade related issues when dealing with China.

The opening up of China’s legal services market to international law firms in the free trade zones has brought with it the unique opportunity for clients to have access to legal advice on both PRC regulations and international law from a single source. Baker McKenzie partners Milton Cheng, Stanley Jia and Danian Zhang and partner Yingzhe Wang of FenXun Partners talk about the opportunities and challenges forming the very first Joint Operation Office between a global law firm and a Chinese law firm in the Shanghai Free Trade Zone.

The Supreme People’s Court (SPC) 2017 Annual Report on Intellectual Property not only serves as guidance for the lower courts but also provides insight for predictable outcomes of future disputes.

Justina Zhang, Senior Partner of Beijing’s TransAsia Lawyers discusses the risks and liabilities faced by e-commerce platform providers and safeguard measures that can be employed to protect against potential infringement disputes from third-party sale of counterfeit goods on their platforms.

David Dingfa Liu, Partner and Tianxiao Jin, Associate at Fujae Partners in Shanghai discuss the newly passed Individual Income Tax Law. The law that will come in force on January 1, 2019 would have a significant impact on taxpayers.

William Marshall of Tiang & Co analyzes the proposed Export Control Law and China’s competitive advantage over the US, especially in relation to technology, should this legislation come into force.