Features & Analyses

In 2019, China has lost its top spot for U.S. foreign investment reviews, a distinction it held since 2011.

The case against TikTok is the latest example of growing U.S. scrutiny of the overseas operations of Chinese companies amid worsening relations between the two countries. The U.S. is especially concerned about potential Chinese access to the personal data of U.S. citizens.

Daisy Duan, Wang Yan, Chen Yijing and Sun Huanyu of King & Wood Mallesons discuss the newly announced individual tax policies and how it provides clarification on foreign income especially in relation to foreign tax credits, tax filing and cross-border secondments. They also provide suggestions on how to reduce compliance risk in light of the new tax policies

Scott Yu, Frank Jiang, Rachel Li, Emily Xu and Derek Liu of Zhong Lun Law Firm discuss a recent joint venture between Yum China and Mininglamp that the firm advised on involving a variable interest entity (VIE) structure that received unconditional clearance from the State Administration for Market Regulation (SAMR), which is the first case of its kind in China. They also highlight key issues arising in a merger filing involving a VIE structure and offer some key practical guidance for VIE structured companies

Jianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm discuss the main features of the Draft Data Security Law including the definition of data, clarification of the scope of regulatory power, the new data mechanism, export control measures and increased penalties

Global banks are increasingly being forced to pick a side amidst U.S.-China hostilities

China's heightened scrutiny of supply chain security for critical infrastructure threatens foreign network suppliers' sales

Jianwei (Jerry) Fang, Wenpei Yu and Yue Liu of Zhong Lun Law Firm highlight the pitfalls of M&A transactions that involve the transfer of personal information and steps that the buyer can take to limit value risk and to ensure compliance with personal data protection

Danlei Wu of Fangda Partners discusses the rise of online courts used to resolve disputes particularly in the middle of the coronavirus pandemic where areas have been under lockdown and highlights the benefits and disadvantages of the use of online trials that will likely be incorporated as a norm in legal practice