第二部分 ： 应对中国电信服务中的外商投资。 在第二期节目中，专家们讨论了中国增值电信服务法规的改革。其中，对外国参与的潜力、对外国互联网公司的影响以及获取许可证的复杂性，都进行深入探讨。 讨论内容包括历史背景、政府对外商投资的态度以及考虑进入中国市场的公司所需的实际策略。Tracey提供了宝贵的见解，帮助企业应对监管挑战，并分析了未来行业可能发生的变化，很值得借鉴。

在本期《China Business Law Podcast》中，主持人Art Dicker与嘉宾Tracey Tang深入讨论了中国关于应用程序备案要求的新规，以及对外国公司在增值电信服务（VATS）领域投资所带来的影响。 第一部分：应对中国新应用程序的备案要求。 作为在TMT行业具有丰富经验的法律专家，Tracey Tang详细阐述了这些法规对外国应用程序开发商，特别是数字娱乐和游戏行业的影响。 对于在中国设立公司的复杂性、获得各种许可证的必要性，以及在遵守中国法律的前提下，是选择与本地合作伙伴合作，还是采用VIE等法律结构，都是重要的安排。同时，对于外国应用程序开发商在新规下面临的挑战和时间线，以及这些规定对其在中国的业务运营可能产生的影响，两位专家给出了自己的独到见解。…

在本期《中国商法播客》中，主持人 Art Dicker 和 Iris Yuan 采访了安杰博德律师事务所执行合伙人宋颖，宋颖是反垄断法 (AML) 专家，曾亲自处理过许多知名案件。宋颖对中国当局如何处理不同类型的案件进行了深入分析，并深入比较了中国与欧洲和美国的反垄断实践。

Happy International Women’s Day! The theme for this year’s International Women’s Day is #Break The Bias. In this episode, guest host Kim speaks to Orianne Dutka, a former attorney who worked in private practice (FCPA investigations), government (education) and not for profit specializing in disability rights before finding her calling in creative w…

Doreen Jaeger-Soong, Managing Director at Hughes-Castell, one of Asia’s leading executive search firms, discusses the paths for lawyers and the choices they must make as they progress through their career in China. We cover both in-house and law firms, international firms and PRC firms, and the pros and cons of switching between the two. Doreen has…

In this two part interview, Boon Kim Fam talks with Kent Kedl and Tung Jung (TJ) Tan, Partners at Control Risks on have to identify and handle conflicts of interests among employees, vendors, and other business partners. Be prepared to listen to some fantastic stories on using modern forensic accounting tools combined with years of experience of kn…

In this two part interview, Boon Kim Fam talks with Kent Kedl and Tung Jung (TJ) Tan, Partners at Control Risks on have to identify and handle conflicts of interests among employees, vendors, and other business partners. Be prepared to listen to some fantastic stories on using modern forensic accounting tools combined with years of experience of kn…

In this two part interview, Art Dicker and guest host Iris Yuan talk with Mavis Tan and Jessica Pyman, Partners at Control Risks based in Hong Kong. On how to prepare for litigation including fit-to-sue analysis, securing evidence, use of experts, and finding pressure points that help lead to a favorable settlement. Mavis and Jessica explain how la…

In this two part interview, Art Dicker and guest host Iris Yuan talk with Mavis Tan and Jessica Pyman, Partners at Control Risks based in Hong Kong. On how to prepare for litigation including fit-to-sue analysis, securing evidence, use of experts, and finding pressure points that help lead to a favorable settlement. Mavis and Jessica explain how la…

Boon Kim Fam talks with Shirley Zhang, Global Compliance Director at Dover Fueling Solutions. On running a global compliance program out of Shanghai for a multinational company. On the challenges of “work-life integration” and time management during COVID-19. And how Shirley and her team manage to stay on top of an ever increasing number of data pr…

In June, China enacted the PRC Anti-Foreign Sanctions Law (中华人民共和国反外国制裁法) following an expedited drafting process, the country’s first national statute specifically combating foreign sanctions against Chinese companies and individuals. The law states that companies in China may not implement or enforce foreign sanctions against Chinese entities, an…

In May, BlackRock CCB Wealth Management became the second foreign-controlled wealth management joint-venture to be granted an operating license by the Chinese government. The JV is majority-owned by the world's biggest asset manager BlackRock with 50.1% stake, while China Construction Bank and Singapore state investor Temasek own 40% and 9.9% respe…

China has launched a national carbon emissions trading system for the first time, with trading set to begin imminently. Multinationals can expect to be significantly affected by the compliance requirements laid out by the new market, while also standing to profit from the new investment opportunities it presents. Nancy Sun and Andrew Westgate discu…

Human genetic resources such as organs, cells, and tissue are crucial to the clinical trials that pharmaceutical multinationals conduct in order to get their products registered for use in China, whether it be a new drug or medical device. China's HGR regime was recently elevated to the level of a national statute for the first time when the PRC Bi…

With more than 10,000 restaurants in over 1,500 cities in China, Yum China is the biggest restaurant company in China, owning some of the most popular fast-food brands in the country including KFC and Pizza Hut. In 2020, it became the first restaurant company and the first non-TMT company to have a secondary listing in Hong Kong. Joseph Chan, Yum C…

The Variable Interest Entity. Sounds like a boring term an accountant or lawyer might use. Well it is an accounting term, but it’s anything but boring when you know how its used in the real world. It’s the key to how all Chinese internet companies have been structured to go IPO outside of China for the last 20 years. Let’s just say it’s a bit of a …

National security has driven reforms to foreign direct investment regimes around the world, including the United States, Australia, the EU and China. The U.K. is the latest major economy to join in on the act with its new National Security and Investment Bill, which will for the first time in the country’s history introduce a standalone foreign inv…

本期我们与复星集团法务部执行总经理Iris 袁佳丽、FMC亚太区知识产权事务负责人Leo 李灵川进行了Lawyers Unscripted. (Unscripted means free flowing conversation, not overly planned out in advanced.) 10' IP律师业务模块介绍 16' in-house工作的沟通方式 对比与在律所工作的思考方式 30' 时代背景下对职业转变赋予的自由空间 以及新兴行业的发展对于跨领域/跨界人才的需求 41' 客户对外部律师的真实需求 47' MBA对软实力的培养 51' 如何建立对客户的吸引力与信任感 59' 如何看待行业选择…

A year ago, the Supreme People’s Court issued three guiding opinions providing guidance to lower courts on a range of litigation and disputes issues arising from the COVID-19 pandemic. Diane Peng analyzes how the SPC's guidance has played out in litigation proceedings in practice; PRC courts' approach to foreign-related litigation in particular; an…

Hongkong Land is one of Asia’s leading property investment, management and development groups. The long-established real estate developer has a significant presence in mainland China, with an extensive and growing portfolio of commercial and residential projects, which attract some of the world’s biggest retailers and luxury brands. Bobo Xu, Shangh…

我们访谈了Hughes - Castell的Sherry、Vicky, 以大中华区专业的法律猎头角度讨论律所的律师与企业的法务之间的市场情况。 3'05'' “后新冠时代 ”中国法律市场的情况 7'17'' 给新手律师执业领域的建议以及一个新兴领域，财富管理的相关介绍 23'30'' 从甲方企业视角给新手律师以执业领域方面的建议。延伸话题：从律所跳槽到甲方企业是否需要接受降薪 34'11'' 现在的法总比起十年前的法总有什么不同 42'27'' 目前内资所和外所的招聘要求分别是什么，以及优秀的律所合伙人有哪些表现 50'40'' 国内民企和跨国公司分别是什么招聘要求，区别在哪

The pandemic's impact on contracts and relationships between Chinese and foreign parties will be felt in the coming months and years as disputes slowly but surely develop into litigation and arbitration. Jessica Pyman and Mavis Tan discuss what lawyers and businesses need to know to prepare for litigation in China; conducting counterparty and fit t…

The Chinese government has been outspoken in recent years about its desire to improve the business environment for both domestic and foreign companies. Part of its strategy to do so has been the promotion of arbitration by the Chinese judiciary, spearheaded by the Supreme People's Court. At the same time, the Hong Kong government led by its Secreta…

The Trump administration aggressively introduced new rules and amended existing rules to clamp down on Chinese access to U.S. technology, primarily through export controls and sanctions, throughout 2020. Wendy Wysong and Ali Burney discuss the impact of different lists compiled by the US government on Chinese companies, the heightened focus on comp…

The Trump administration has creatively used U.S. export controls and sanctions to further its foreign policy goals, most notably restricting U.S. business dealings with Chinese entities in various technological sectors. Benjamin Kostrzewa and Holly Blackwell discuss the future of the U.S. export controls and sanctions regimes under a new administr…

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 t…

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 Protectio…

We talk with Tim Klatte, head of Shanghai Forensic Advisory Services at Grant Thornton China and Qiao Peng, Partner at R&P China Lawyers. Tim and Qiao share best practices on conducting internal investigations, including several case studies, as well as how lawyers and forensic accountants work together for clients in the investigations process. -H…

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 loa…

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 bo…

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 expor…

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…

我们邀请了高焕勇律师，美国盛智律师事务所上海代表处知识产权、诉讼业务及公司业务组的合伙人，访谈关于标准必要专利全球许可费率的管辖权： 美国，英国和中国的比较。 4:12: 标准必要专利和公平合理和无歧视原则（FRAND） 19:30: 标准必要专利全球许可费率的重要性 19:50: 美国：TCL诉爱立信 27:50: 英国：康文森无线许可诉华为和中兴 36:36: 中国：中兴诉康文森无线许可（最高人民法院） 43:00: 战狼精神 47:00: 国际化公司的全球化应对策略。 51:44: 中国：小米诉交互数字公司（武汉中级人民法院）

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, group chief legal counsel and chief compliance officer for Tricor, shares insights from her work as the head of the legal team at Tricor, a business expansi…

The host, Art Dicker, discusses the legal issues and risks surrounding mask and other PPE procurement from China. Art is joined by long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory. -Drafting precise language on product deliverables and specifications -Including dispute resolu…

We talk with long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory on multiple real world cases of sourcing PPE product from China. On some of the potential pitfalls involved and best practices to reduce risk. -Why do prices fluctuate so much and how much time do customers typical…

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. In this episode, Hu Ke shares insights about Beijing's pro-…

Chinese FDI in the European Union has skyrocketed over the last decade, increasing by almost 50 times in 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. In this episode, Caroline …

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: that of data protection. With data being hailed by some as the oil of the 21st century, the battle between states and between companies is not just to see who can collect the most data, but also inc…

我们访谈了戴冠春律师，竞天公诚律师事务所合伙人，钱伯斯亚太地区公司/并购第四梯队，ALB中国十佳并购律师。 3:10 介绍怎么选择了IPO业务领域 5:30 IPO业务领域的发展趋势 9:30 在美国、香港、大陆上市的区别，以及律师的业务重心 26:16 科创板IPO的特殊性，以及律师的业务重心 36:50 中概股二次上市 42:00 财务问题对企业的影响 46:40 IPO业务的律师流程，以及法律层面重要的问题 56:50 体育行业经验分享

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). In this episode, Jeremy Zucker and Darshak Dholakia delve into the CFIUS review p…

We are joined on our sister show Ganbei by Brian Fleming, Member at leading Washington DC law firm, Miller & Chevalier. Before joining the firm, Brian spent several years at the US Department of Justice working on national security issues related to export control, CFIUS investigations, and other compliance and enforcement efforts on international …

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. In this episode, Sh…

Joey tells us about his story of moving to the US as a young kid and learning through mentors and internships to find what he loved to do in life. Art Dicker joins the discussion as well, and Joey and Art discuss how people can make wise career decisions and avoid mistakes when deciding to enter professional fields like finance or law.…

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Just as the United States has beefed up its scrutiny of the supply chains of its critical infrastructure in recent months, China has also launched a new cybersecurity review (CSR) for mitigating the national security risks posed by theirs. In this episode, Barbara Li and Zhou Yang explain the scope and process of the cybersecurity review, the basic…

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. In this episode, Ulrike Glueck and Michael Munzinger break down the gigantic piece of legislation i…

We talk with Boon Kim Fam, Senior Legal Counsel, Compliance, Asia Pacific at PVH Corp. (parent company of Calvin Klein and Tommy Hilfiger). 2:10 How prior government experience helped Kim in her compliance role today. 3:13 What kind of compliance issues are unique to a retail business? 4:26 Is the scope of a typical compliance role becoming broader…

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 episode, three lawyers analyze the implications for businesses of the new law as well as the U.S. response in the form of sanctions and greater export co…