-Drafting precise language on product deliverables and specifications -Including dispute resolution language in the contract -Challenges of enforcing a US legal judgement in China -Challenges of collecting evidence and bringing a case directly in China -Alternative means to enforce a judgment -Benefits of arbitration instead of litigation -Specifying damages on breach, e.g. liquidated damages Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts...
Sep 23, 2020•34 min•Season 1Ep. 18
Why do prices fluctuate so much and how much time do customers typically have to decide on a deal? How can a buyer find other ways to reduce total order costs (e.g. shipping and logistics) beyond price? How does payment work and how much must be paid upfront on orders? How to educate buyers who are inexperienced in buying PPE or buying anything from China? What kind of vetting and other due diligence can be done on manufacturers and trading companies that sell PPE? Cameron Johnson - https://www....
Sep 23, 2020•39 min•Season 1Ep. 17
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 Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts...
Aug 21, 2020•1 hr 8 min•Season 1Ep. 16
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 trade. Brian and Art discuss the recent Executive Orders restricting the use of WeChat and TikTok and the ongoing discussions about a potential sa...
Aug 12, 2020•1 hr 3 min•Season 1Ep. 15
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. Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts...
Jul 31, 2020•29 min•Season 1Ep. 14
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 now to cover things like data privacy? 8:20 How do you get your message across in training the business teams? 12:04 How do you do trainings for 3rd party business partners such as vendors and distributors? 13:18 Any differences between working with the business teams in China and in othe...
Jul 07, 2020•33 min•Season 1Ep. 13
Art Dicker, host of China Business Law Podcast, joined Xnode to give a live webinar about corporate venture capital.Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
Jun 24, 2020•48 min•Season 1Ep. 12
Jeffrey has a decade of experience at JunHe LLP, and specializes in China's employment and sports law. In our first episode co-hosted with the American Chamber of Commerce Shanghai's China Voices podcast, we spoke with Jeffrey about some of the key employment law issues that have arisen for foreigners in China during the COVID-19 pandemic, including if a company can force you to be tested or quarantined and if a company can fire you if you're stuck outside the country. Producer Jacob Thomas Foll...
Jun 09, 2020•36 min•Season 1Ep. 11
A startup has numerous "stakeholders" - investors, advisors and mentors, employees, customers, media, and the government. We lay out what makes good stakeholders, how they work together, and how there can be potential for conflict. Our panel discussion includes: -Barbara Ex is the founder of Whitespace -Julian Mintzis is a startup investor and CEO of Panda Eagle Group -Helen Han is a startup investor and mentor at Chinaccelerator -Art Dicker is a lawyer and founder of the China Business Law Podc...
May 26, 2020•32 min•Season 1Ep. 10
1:58 – How has the legal industry changed in the last few years? 8:38 – How “biglaw” came about and how it is hit now in a recession. 11:30 – Clients questioning what they’re paying for from firms and how firms will adapt? 15:56 – How is this affecting people’s decision to go in-house? 21:00 – Law firms integrating into clients and self-disciplining on fees and work scopes. 24:20 – How are in-house counsel expanding their roles within companies? 32:35 – Are in-house lawyers making themselves obs...
May 04, 2020•1 hr 2 min•Season 1Ep. 9
3:50 – Basic product quality and safety due diligence 9:40 – Engaging third party inspectors in China 11:50 – Engaging third party agents for sourcing product 15:55 – Anti-bribery and fraud prevention 20:06 – Diligence requests to and background research on your counterparties 25:18 – Documenting the terms of the transaction in your contract (and getting a lawyer) 30:31 – Identifying red flags and making the decision to walk away from an offer 33:55 – Reputational background search on other key ...
Apr 21, 2020•39 min•Season 1Ep. 8
1:45 – What kind of funding environment are we in now? 4:08 – Will and how would VC funds try to back out of deals? 7:05 – Why VCs may be reluctant to put in more capital to existing portfolio companies. 12:15 – Alternatives to VC funding 14:48 – Investor veto rights – fundraising, change in business models, redemption threats 22:45 – Legal issues for startups trying to reduce costs 25:50 – Predictions on what will change post-virus Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts...
Apr 15, 2020•32 min•Season 1Ep. 7
1:35 Introduction to the Cybersecurity Law 5:00 Which regulators are competing for jurisdiction? 7:14 How much adaptions do companies have to make to localize their policies? 9:00 How do smaller companies try to comply in a cost-efficient way? 15:20 Coming up with a policy doesn’t have to be rocket science. 17:20 Where do company policies break down? 22:55 Problems of the “ownership” of data policies within big companies 25:40 Companies changing data compliance from a cost center to a value prop...
Mar 04, 2020•36 min•Season 1Ep. 6
3:00 - What is force majeure? 5:28 - Are force majeure clauses always in contracts and what’s standard? 8:48 - What if the contract is silent on this issue and how does governing law matter? 11:26 - Force majeure often doesn’t totally excuse the party to perform the contract 14.16 - Chinese trade association issuing force majeure certificates now, what value do these have? 17:50 - How should foreign companies be preparing now for Chinese companies potentially using a force majeure clause in thei...
Feb 26, 2020•38 min•Season 1Ep. 5
1:15 – How today’s situation compares to Kenny’s time as Legal Director at Kodak China during SARS. 4:00 – What other kind of types of crisis can we look to for guidance here? 9:25 - How can companies use a crisis management framework to respond? 15:08 – The specific role of the legal department in responding. 21:58 – Might the Legal Department actually be one of the best equipped BU’s to address long-term issues involved in a crisis like this? 29:15 – How crisis can create an opportunity for th...
Feb 17, 2020•38 min•Season 1Ep. 4
3:00 - The most common disputes with employees at companies. 4:00 - How Jon handles disagreements with colleagues/internal clients 5:45 - Does a legal training get in the way of good communication? 11:15 - Why you should never surprise someone with your decision 12:10 - Coaching managers to communicate well on terminations 13:45 - How to impart legal concepts using non-legal language 16:00 - Lawyers and non-verbal communication mishaps 19:20 - Avoiding the temptation to want to look smart with c...
Feb 12, 2020•32 min•Season 1Ep. 3
1:05 - Typical termination case profiles 1:55 - Dealing with termination cases already in flight 4:02 - Handling situations where no clear legal grounds for termination 5:50 - How badly should a company pay to make employee go away 10:21 - Handling employees who just refuse to go 13:15 - Advance preparation for terminating employee 16:20 - Performance improvement plans 18:10 - Coordinating HQ-local cross-border termination cases 23:07 - How can outside counsel offer practical risk assessments 27...
Feb 12, 2020•31 min•Season 1Ep. 2
1:05 - Basic principles of the law 3:40 - Implementing the law on the ground 10:30 - Sectors that could come off the "Negative List" in the future 15:15 - Impact of new corporate governance rules 19:17 - Some JVs being compelled to amend corporate governance 21:30 - Opportunities for VC funds to use more domestic structures 24:45 - The law and the future of VIE structures Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts...
Feb 06, 2020•31 min•Season 1Ep. 1
