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Home Tags Posts tagged with "China insights"

Tag: China insights

How actual controllers of listed companies ward off criminal risks

By Cai Zhenghua, Shanghai Elite Law Firm

When listed companies become involved in serious misconduct like tax evasion or bribery, the actual controller is often the first to be held accountable

Compensation not contingent upon actual sale in patent infringement

By Guo Xiaojun, CCPIT Patent & Trademark Law Office

Latest guiding case from the Supreme People’s Court views “offer for sale” as its own infringing act and penalty cannot be averted by reason of “no sale”

How to properly manage sick leave

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Managing sick leave and medical treatment periods can be a big headache for companies – cured only by preemptive policy clarification

Corporate criminal risk: Pitfalls and course corrections

By Wang Siwei, Bohe & Hansen

Criminal exposure is the risk companies can least afford

Latest cautious steps in China’s maturing bankruptcy law

By Nafisa Nihmat, Zhong Lun Law Firm

With fear for bankruptcy reorganisation largely dissipated and cities exploring personal bankruptcy, China is slowly but surely maturing its insolvency scheme

Navigating mining dispute resolution

By Zhao Yue, Bairui Law Firm

A long-time legal adviser to the coal and energy sector, the author has navigated multiple episodes of upheaveal in mining

Using SPVs to control founder risks in VAM agreements

By Peng Guopeng, W&H Law Firm

In investment and M&A deals, valuation adjustment mechanism (VAM) agreements, also known as bet-on agreements, are increasingly used to bind the parties’ interests and drive the target’s performance

Trade secret crime deadlock solutions and compliance protection

By Mitchell Liu and Lu Shijiao, AllBright Law Offices

Learn technical comparisons, evidence exclusion and court coordination to secure criminal remedies in trade secret criminal cases

Highlights of China’s new Commercial Mediation Regulation

By Zou Hongli and Liu Xuanxuan, Guantao Law Firm

China’s new commercial mediation rules build a full loop: mediation scope, confidentiality, mediator liability and enforceable settlements at home and abroad

Importance of evidence organisation to a court’s application of law

By Liu Jun and Jin Ronghua, Kangda Law Firm

Even without an entry in the shareholder register, an equity transferee may still be treated as a shareholder

Determining shareholder status in equity transfers

By Huo Jincheng and Wang Xuechen, Kangda Law Firm

A co-shareholder sued to void a multibillion-renminbi equity transfer on right-of-first-refusal grounds

Demise of Fu Jing 001: Marine insurance liability and risk control

By Li Ling, Guantao Law Firm

As the insurers’ bid to deny coverage for Fu Jing 001’s typhoon sinking failed in court, force majeure is no blank cheque for avoidance of liability

Administrative dispute over dictionary pen design patent

By Su Zhifu, Hui Zhong Law Firm

Hard-fought patent rights can still be snatched away via invalidation. Netease Youdao, online dictionary operator and smartpen maker, faced this risk in a recent administrative dispute    

How 2025 redefined listed company reorganisation

By Gao Meili, Dacheng Law Offices

Listed company reorganisation enters new phase in 2025. Pre?procedures stretch. Industry upgrade becomes core

Judicial logic behind shareholder derivative actions

By Zhao Hanqing and Pan Hongkun, Trophy Law Firm

When corporate governance falters, how should courts respond?

Investment models and risk mitigation in distressed real estate

By Peng Shaohua, Tahota Law Firm

As China’s real estate sector continues its downward adjustment, multiple developers are entangled in debt distress

How protection funds compensate bankrupt financial institutions

By Du Wenle and Pang Yadan, Han Kun Law Offices

As China’s financial risk landscape evolves, the draft revision of the Enterprise Bankruptcy Law introduces critical rules for protection funds

Joint and several liability for capital increase defects

By Li Yansheng and Xu Chuanyuan, Guantao Law Firm

In bankruptcy if a shareholder cannot cure defective capital, creditors may seek joint and several liability from others

Legal support behind Chengdu’s manufacturing push abroad

By Gan Jianming and Zheng Wenwen, Tahota Law Firm

As Chengdu pushes its “Brands Going Global” strategy, manufacturers shift from exports to global value chains

Trusted data spaces: New path to managing medical data risks

By Jessie Zhang, Wintell & Co

As medical data disputes grow, Trusted Data Space offers a path to protect privacy while unlocking data’s value

Evolving dispute resolution for securities misrepresentation

By Li Fang, Tiantai Law Firm

China’s push to codify capital market rules is making securities market governance increasingly systematic and structured

China’s new Arbitration Law: Modernised and internationalised

By Vincent Sun and Zhao Yuxian, Han Kun Law Offices

China passes major Arbitration Law revision, effective 1 March 2026, marking its first full overhaul since 1995

Good faith in commercial arbitration: China’s evolving approach

By Ren Kaiyu, Langfang Arbitration Commission

China’s approach to good faith in commercial arbitration is evolving as arbitration depends on tribunal neutrality and party integrity

Cross-border debt recovery: Lessons from a guarantee dispute

By Armstrong Chen and Wang Xin, Dacheng Law Offices

As global finance integrates, Chinese firms often secure offshore loans or bonds backed by outbound domestic guarantees

Countering RE dilemma of ‘nominated subcontractors’

By Tony Wang and Hussein Hu, Wintell

This article systematically analyses prevailing judicial trends and compliance essentials, offering practical strategies for risk isolation and contract management

Guide to criminal risk for enterprises

By Xia Yu, Kangda

Enterprises face rising criminal and compliance risks, highlighting the need for stronger legal safeguards and risk prevention

Arbitration v litigation in commercial dispute resolution

By Wang Baohua, W&H Law Firm

Dispute resolution unlocked: Finding your business’ perfect fit

Navigating administrative legal risks and dispute resolution

By Edwin Cao, Yong Sun Law Offices

Businesses face rising administrative risks and need smart dispute resolution strategies

Compliance, recommendations for addressing occupational hazards

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Employers must arrange health exams for workers exposed to occupational hazards, as required by law

Case analysis: Patent dispute settled with compensation

By Nancy Qu and Rose Xu, Chang Tsi & Partners

With rising competition and patent infringements, resolving disputes swiftly and efficiently is now a key concern for firms

Pharma market access and compliance in Pakistan

By Donna Tang and Syed Abdullah Anwer, TAHOTA Law Firm

Chinese firm with Pakistan office shares insights for pharma groups and investors eyeing Pakistan’s healthcare market

Integrating public and commercial health insurance

By Xiang Fubin and Zhang Xinyi, W&H Law Firm

NHSA’s late-2024 policies aim to boost commercial insurance via public health insurance, marking a new phase in China’s system

Compliance under China’s new AFSL rules

By Wu Hao, W&H Law Firm

China’s new AFSL rules tighten sanctions enforcement and reshape corporate compliance duties

Upgraded new rules countering foreign sanctions

By Li Guogang, Tahota Law Firm

As the State Council releases new rules countering foreign sanctions, this article explains details of their scope, specific measures and accountability mechanisms.

Sanctions compliance for multinational enterprises

By Mervyn Chen and Vicky Wang, Wintell & Co

Sanctions, export controls, and countermeasures now shape global business beyond diplomacy and trade policy

Dissecting China’s new rules on Anti-Foreign Sanctions Law

By Ni Jianlin and Wu Anqi, Dacheng Law Offices

China enacts new rules enhancing enforcement and legal remedies against foreign sanctions

Income indicators and risks for pharma IPOs

By Zhang Nan, W&H Law Firm

How income indicators and sales expenses impact risks in pharmaceutical IPOs under regulatory scrutiny

New rules on listed companies’ governance

By Zhang Qiwei and Lu Tongtong, Kangda Law Firm

China updates governance rules for listed firms, abolishing supervisory boards and redefining shareholder rights

Understanding new rules on share disposal

By Wang Zhenyu, Han Kun Law Offices

China tightens rules on share disposals by major shareholders to enhance market integrity and investor protection

Responding to SSE feedback on new bond issuance rules

By Bao Weihua, Guantao Law Firm

Key legal insights and practical guidance on responding to SSE feedback under the 2025 corporate bond issuance rules

New rules for securities misrepresentation cases

By Li Amin and Sheng Weirong, Commerce & Finance Law Offices

New 2025 guidelines reshape securities misrepresentation cases in China

Compliance for adjusting compensation structures

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Compliance factors for AI computing centres

By Li Tianhang and Shi Yuhang, Hui Ye Law Firm

Tightening oversight of trademark non-use cancellation applications

By Kathy Zhao and Zhang Shufang, CCPIT Patent and Trademark Law Office

Protection of trade secrets through conduct preservation

By Wang Yan and Zhang Yue, Han Kun Law Offices

Recognising copyright of AI-generated works

By Zhang Meijian and Liang Qiang, Zhong Ce Law Firm

Resolving a contractual dispute over policy changes

By Lian Gaobo and Xia Hai, Kangda Law Firm

Case study: Judian Travel Technology’s liquidation

By Liu Peifeng, Zhonglun W&D Law Firm

Priority of claims in bankruptcy proceedings

By Kimberly Liu, Hui Ye Law Firm

Practical advantages of pre-reorganisation in corporate rescue

By Zhang Yao and Wang Xiang, Han Kun Law Offices

Solving trade secret disputes via arbitration

By Guo Xiaoqi, Kangda Law Firm

Derivative arbitration by shareholders under Common Law

By Liu Long and Kuang Chen, Han Kun Law Offices

Compliance framework pending for SOEs

By Wang Xiaotao, W&H Law Firm

SASAC mandates SOEs to implement compliance systems by 2025

Tougher enforcement measures on cyber fraud

By Philip Wang, Hui Ye Law Firm

China's new measures impose strict penalties on companies involved in cyber fraud

Dilemma in applying DR clauses in multiple contracts

By Zhang Yaxing and San Bing, Han Kun Law Offices

Arbitration challenges in cross-border mergers and share swaps

By Vicky Zhang and Missan Leung, Dacheng Law Offices

Co-ordinating IP cases between administrative, criminal proceedings

By Wang Xiao and Kelly Liu, Tahota Law Firm

China's system integrates administrative and criminal mechanisms to enhance IP rights enforcement

Infringement risks and legal paths in large AI model training

By Wang Yan and Bie Yanghong, Han Kun Law Offices

Establishing compliance system for corporate data assets

By Zhong Yu and Liang Shuyi, Kangda Law Firm

A robust data compliance system is vital for financial firms to manage risks and ensure security

Understanding the valuation adjustment mechanism

By Liang Qiang and Gong Youchao, Zhong Ce Law Firm

Preventing greenwashing

By Zhang Xiuxiu and Nicole Zhang, Hui Ye Law Firm

Protecting creditor interests by disregarding corporate personality

By Qu Jianjun and Song Yanhong, Ronly & Tenwen Partners

Obstacles and risk control in executing share buyback agreements

By Cui Qiang, Commerce & Finance Law Offices

Bond issuance regulations for Chinese companies listed overseas

By Wang Jin and Patrick Hu, Han Kun Law Offices

Risk of unfair competition in platform data capture

By Chen Jing and Meng Xiaodi, Commerce & Finance Law Offices

Safeguarding innovation with IP litigation

By Luo Rui and Zhang Yue, Han Kun Law Offices

Getting to the regulatory heart of medical parallel imports

By Che Xiaoyan and Wang Xi, Llinks Law Offices

Compliance on notification threshold for anti-monopoly filing

By Pan Zhicheng and Li Qingqing, Hui Ye Law Firm

Upgrading data breach prevention and response

By Kevin Duan and Hu Minzhe, Han Kun Law Offices

Company Law amendments: highlights and shortcomings

By Wu Dong and Wang Zhengqian, Hui Ye Law Firm

Practice, prospects of substantive consolidation

By Amy Ren and Shawn Xu, Llinks Law Offices

Advice on bankruptcy reorganisation of MSEs

By Cheng Ruomiao, Lianggao Law Firm

The sunny future of carbon financing

By Chen Sheng and Li Mingyue, Tian Yuan Law Firm

Key concepts analysis of new Company Law

By Dai Haiying, W&H Law Firm

Challenges facing PE funds in buyout investments

By Xiao Fei and Li Wen, Guantao Law Firm

Reduction rules for VCFs in the capital market

By Michelle Lu, Brightstone Lawyers

Path of proof in cases of corporate surplus distribution

By Pan Dingchun and Shui Zhenyu, Ronly & Tenwen Partners

Excluding frozen dividends and bonuses from debt enforcement

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Correspondents

Board Observer Regulationvideo

RBI scrutiny tightens over NBFC ‘board observers’

By Swathi Girimaji and Theertha Aiyappa, Bharucha & Partners
Foreign Decree Enforcement Indiavideo

Paper reciprocity undermines foreign decrees

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners
Biosimilar Patent Litigation India

Trends in biologic patent litigation

By Swati Sharma and Gitika Suri, Cyril Amarchand Mangaldas
konektadong-pinoy-act-expanding-access-redefining-competition

Konektadong Pinoy Act: Expanding access, redefining competition

By Jayson P Baltazar, ACCRALAW

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