Risk of Class Actions due to Data Breaches rises quickly
SUMMARY I. Data breach landmark ruling from London At the end of 2018, the Court of Appeal in London made a significant decision that seemed to have serious consequences, even beyond the borders of England (Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339). According to this ruling, an employer is liable for […]
The Regulatory Regime for Hainan FTP has been Relaxed
SUMMARY I. Gigantic port project – Hainan FTPII. Hainan FTP 2035: World leading commercial heavyweight?III. Background of the expansion of Hainan FTPIV. Which bans have specifically been relaxed or lifted?V. Conclusion: Hainan FTP – a new trade (sleeping) giant is awakening I. Gigantic port project – Hainan FTP The Chinese Ministry of Finance and the […]
The German Supply Chain Act – New Compliance Challenges for Companies in Germany
SUMMARY I. New German Supply Chain Act is about to be passedII. Requirements of the German Supply Chain ActIII. Duty of risk analysisIV. Duty to follow up and make an effortV. The German Supply Chain Act in an international contextVI. Evaluation of the German Supply Chain Act – What can you do? I. New German […]
SEEN FROM A GERMAN PERSPECTIVE – The Chinese Foreign Investment Law
SUMMARY I. German investors benefit from the new Chinese Foreign Investment LawII. Adapted industry catalogs offer opportunitiesIII. The most important advantages for German investorsIV. Uncertainties remain, but risks are controllableV. Special problem -National Security Review-?VI. The leap to China is possible on firmer legal ground I. German investors benefit from the new Chinese Foreign Investment […]
How Foreign Enterprises Set up Branches (Representative Offices) in China
SUMMARY 1. Differences between representative offices and foreign-invested enterprises i. Is the establishment subject to approval? ii. Is there any restriction on the industry available for them? iii. Is there any restriction on the proportion of shares held by investors?2. What is a representative office?3. What can a representative office do?4. Under what circumstances can […]
How Can A Foreign Investor Set up A Limited Liability Company in China?
SUMMARY As explained in my previous post, if foreign investors wish to enter the Chinese market, they may consider setting up a branch (representative office) first. If foreign investors want to further localize their businesses in China, they may then consider setting up a limited liability company. This post will focus on how a foreign […]
How can You Take Chinese Companies Successfully to Court for Product Liability?
SUMMARY I. Suing Chinese companies for product liability is possible Many enterprises try to bring an action against Chinese enterprises for products that have been manufactured in China and caused physical injury to customers. Often foreign importers or retailers had been successfully sued by customers. These firms want to take recourse against the Chinese manufacturer. […]
Get Prepared for the Pregnant Workers Fairness Act!
SUMMARY I. The Senate is the final hurdle for the Pregnant Workers Fairness Act Pregnant workers have not really been protected by federal law and legal precedents in the US yet. The Pregnancy Discrimination Act (1978) only deals with classic discrimination. First and foremost, it forbids discrimination of pregnant workers regarding hiring, pay and firing. […]
Chinese Investments in Germany: A Good Starting Point
SUMMARY I. Team building is important for Chinese investments in Germany Chinese investors are very popular with German shareholders. However, with their help, German entrepreneurs are able to not only enter the huge Chinese market, but also Asia-Pacific. Therefore, the future of a company can be secured with Chinese support. Chinese investors enjoy a great […]
Business in China: International Lawyer or Local Counsel?
SUMMARY I. You know the mentality of an international lawyer Foreign investors and companies engaging in China need to think about whether to seek legal advice with an international lawyer or Chinese law firm. Vice versa, Chinese companies have to deal with this very same question, too. It has to be decided whether an investment […]
