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Web Site and eCommerce Legal Issues in China

An International Counsel PowerPoint Presentation, 2006

Delivered in San Francisco at the Managing Global Websites and eCommerce Conference, sponsored by the Localization Institute  

What are the key online compliance issues in China for a company’s Web site content and e-commerce strategies? Issues include (i) licensing/registration for “Internet content providers” (covering most types of web sites), (ii) categories of Internet content restricted in China, (iii) publishing, news and advertising regulations and (iv) consumer protection issues. We also address the enforcement of online agreements and governing law and dispute resolution issues.

Commercial Agreements for Doing Business in China: Distribution and Manufacturing

An International Counsel PowerPoint Presentation, 2005

Delivered in New York at the Atlas Legal Doing Business in China Conference 

Many executives know that they must figure-out how to increase their revenues and reduce their costs with the right China strategy. What key legal issues arise in distributing and manufacturing products in China?

Many companies will find that they can avoid the set-up of a local office and direct investment issues by distributing through local Chinese sales representatives and manufacturing through contract manufacturing. We also discuss key distribution agreement terms as well as the establishment of a local distribution company, known as a FICE (Foreign Invested Commercial Enterprise)

Cross-Border Agency and Distribution Agreements

An International Counsel PowerPoint Presentation, 2005. Versions delivered in Chicago and Toronto at Atlas Legal International Business Transactions Conferences and at the Chicago Bar Association.  

North American businesses are accustomed to freedom of contract, a lack of local dealer-protection legislation and an absence of currency and other cross-border issues. Yet, international agency and distribution agreements must take into account potential local protective legislation which may make termination difficult and costly, competition law that may void standard agreement provisions and various other local law challenges.

International e-Commerce Regulation and Compliance

An Expanded Version of Our Popular White Paper - Including Developments in Europe as well as Asia, 2001

e-Commerce Regulation and Compliance in Asia

An iAsiaWorks/International Counsel White Paper. Also published in the U.S. by
e-Commerce Law Report
and in Hong Kong by e-Law Asia, 2000

What does the e-business need to know about legal and regulatory compliance issues when offering its information and products online in Asia? Whether a multinational company moving supply and consumer relationships online or a dot.com which may be international from its inception, companies need to adjust their Web site content and e-commerce strategies to comply with the laws of target countries.

Korea and Japan Legal Updates

Ongoing series published in Asian Legal Briefing, 1999-2000

International Counsel is the contributor of a monthly update on legal developments in Korea and Japan of interest to foreign investors. The update is published by Asian Legal Briefing, a Hong Kong publication devoted to corporate and commercial legal developments in Asia.

Partnering for Success: Using Strategic Alliances to Leverage Resources

r&D Enterprise - Asia Pacific, 1998

Early stage biotechnology companies face daunting odds in their quest to bring their first products to market. Strategic alliances are a sound means of leveraging scarce resources to increase the biotechnology company's ability to build a successful business. This article draws upon experience in the U.S.A. to provide a series of tips to facilitate establishing productive business alliances. It is based upon a presentation made by the author at Northwestern University's 1998 Summer Biotechnology Institute held in Chicago, U.S.A.

The Role of the In-House Counsel in Selecting Foreign Legal Counsel: Recent Experience of U.S. Mid-Market Companies

Inter-Pacific Bar Association, 1997

What is motivating in-house counsel in their decision to select foreign legal counsel? For companies in the size range of U.S. $100 million to $2 billion in annual sales, we are seeing an improved ability to make informed choices among foreign counsel and manage international projects. Companies which have such a capability are able to assemble the right in-house and "in-house equivalent" team to handle primary structuring, drafting and negotiation responsibilities and to manage and control foreign legal counsel. There is a movement away from a heavy reliance on the foreign offices of U.S. and U.K firms and toward the best independent local firms and a form of partnering by which the client and its advisors retain control over the lawyering process, requiring foreign local firms to assume more of a review and comment function.

The Future of Lawyers in Asia and the Pacific Rim

Inter-Pacific Bar Association, 1999
Also published in Asian Legal Briefing, 1999

Law firms and multi-disciplinary practices (MDPs) seeking offices in several countries often share an assumption that clients place great weight on factors such as multiple offices and sheer size. While this may be an advantage for some projects (such as security offerings involving several countries), clients may not value multiple offices or size as highly as private practitioners assume, particularly for typical corporate and commercial transactions. Also, factors such as the rise of in-house counsel, the continued strength of Asia's numerous independent law firms and even the nature of legal practice itself in Asia are likely to present challenges to expansion-minded firms and MDPs. Experienced international legal counsel who can offer cost-effectiveness and skills similar to the best in-house international counsel are one example of the legal options available to internationalizing companies.


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