China Business Law Podcast
42 episodes - English - Latest episode: 8 days ago -The China Business Law Podcast brings you a real world perspective on how business law is applied on the ground in China. Guests include both in-house and law firm professionals. The hosts are seasoned, practicing lawyers with decades of China experience.
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Episodes
Examining Financial Services Liberalization in China with Yin Ge
July 12, 2024 05:31 - 37 minutes - 34 MBConnect with Yin Ge Visit Han Kun Connect with Art Dicker Examining Financial Services Liberalization in China: Insights from Yin Ge of Han Kun Law Firm Welcome to another vibrant episode of the China Business Law Podcast! In this episode, host Art Dicker sits down with Yin Ge, a partner at the renowned Han Kun law firm, to discuss the ongoing liberalization of the financial services and asset management industry in China. Yin Ge, with her extensive experience and accolades in the fie...
Tracey Tang pt. 2 - Navigating China's Foreign Investment in Telecom Services
July 03, 2024 23:06 - 20 minutes - 19 MBNavigating China's Foreign Investment in Telecom Services with Tracey Tang In the latest episode of the China Business Law Podcast, host Art Dicker sits down with Tracey Tang, a partner at AnJie Broad, to discuss the potential relaxation of value-added telecom services regulations in China and its implications for foreign internet companies. This conversation is especially timely, given the evolving regulatory landscape and the increasing interest of foreign businesses in the Chinese market...
Navigating China's New App Filing Requirements pt. 1
June 21, 2024 04:18 - 26 minutes - 24.5 MBTracey Tang https://www.linkedin.com/in/tracey-tang-9b294920/ Art Dicker https://www.linkedin.com/in/art-dicker/ Navigating China's New App Filing Requirements: Key Insights from Tracey Tang Welcome to another insightful episode of the China Business Law Podcast! In this episode, host Art Dicker is joined by Tracey Tang to discuss the recent changes to app filing requirements in China and their implications for foreign companies. Tracey, an expert in TMT (Technology, Media, and Telec...
Unpacking Anti-Monopoly Law Enforcement in China
June 13, 2024 01:39 - 47 minutes - 43.2 MBYing Song https://www.linkedin.com/in/ying-song-66742526/ Iris Yuan https://www.linkedin.com/in/irisjlyuan/ Art Dicker https://www.linkedin.com/in/art-dicker/ Welcome to another enlightening episode of the China Business Law Podcast! In this episode, co-hosts Art Dicker and Iris Yuan sit down with a special guest, Song Ying, to delve into the intricate world of Anti-Monopoly Law (AML) enforcement in China. As an absolute expert in this field, Ying offers a comprehensive overview ...
2022年中国大陆法律市场状况
January 09, 2023 21:37 - 57 minutes - 52.5 MB我们与全球领先的法律猎头公司Hughes Castell 的大中华区资深法律猎头Vicky 刘彦访谈关于2022年中国大陆整体法律市场状况。 Vicky 谈论了律所在疫情影响下法律业务与招聘业务的整体情况和中资所、外资所的发展趋势；以及in house的市场情况和比较受欢迎的候选人的背景能力。Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
Comparing How Internal Investigations Are Conducted In The US Vs. In Asia
October 06, 2022 18:17 - 55 minutes - 50.8 MBCo-hosts Art Dicker and Boon Kim Fam are joined by Henry Van Dyck and George Martin, partners and co-chairs of the FCPA practice at Faegre Drinker. Henry was most recently a federal prosecutor at the U.S. Department of Justice working on FCPA and other global government investigations, while George has been a partner at Faegre and co-chair of the China practice covering FCPA and other matters there. Together we cover some of the most important and relevant topics, including how to continu...
Integrity Always - Even When No One is Watching
August 17, 2022 05:13 - 24 minutes - 22.7 MBKim Yapchai is an award winning, experienced, global, C-suite leader with a substantial track record of dealing successfully with complex issues in multi-national, public companies, including Ford, Whirlpool, Masco Corporation, and Tenneco. Hear her give the "secret sauce" to an effective speak up program.Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
Law and Tech - Changing the World One Step at a Time
April 12, 2022 16:49 - 23 minutes - 21.5 MBFrom a "surgeon saving lives" (external counsel) to a "family doctor who knows everything there needs to know about each member of the family" (in-house lawyer), Di Yao, Head of Legal for Google Shanghai speaks to the China Business Law Podcast about his journey from an external counsel to an in-house lawyer. In this episode, Di talks about what prompted him to move from a law firm to an in-house role, how he adds value to a technology company and also what technology companies should be th...
Breaking the Bias - One Bias at a Time
March 07, 2022 14:14 - 44 minutes - 41.1 MBHappy 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 writing, and is currently working on a novel as well as a screenplay! An accomplished violinist as well as an ultra-marathon runner, Orianne share...
Career Paths for China-based Lawyers
December 05, 2021 18:26 - 30 minutes - 28 MBDoreen 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 been an authority on the legal market in China for over 30 years, and she shares those decades of wisdom using real life hypotheticals on what...
Building Teams and Nurturing Talent as a General Counsel - with Craig Katerberg
November 16, 2021 02:51 - 1 second - 2.49 KBWe are thrilled to have Craig Katerberg, GC and Head of Corporate Affairs for Budweiser APAC, to discuss (1) how he manages a team of over 120+ people including keeping top talent happy and motivated (2) how his team works across functional units of the company (3) how lawyers can effectively communicate within a company (4) how understanding the company's strategy can make lawyers more effective Craig is a self-described "introvert", hard to believe at first - but after you listen to him s...
Investigating Conflicts of Interest Pt. 2
October 13, 2021 07:08 - 28 minutes - 25.8 MBIn 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 fraud and how its uncovered, especially using modern forensic accounting tools combined with years of experience of knowing where to look for problems. And on how services like this in the M&A context don’t usually kill dea...
Investigating Conflicts of Interest Pt. 1
October 13, 2021 07:07 - 27 minutes - 25.5 MBIn 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 fraud and how its uncovered, especially using modern forensic accounting tools combined with years of experience of knowing where to look for problems. And on how services like this in the M&A context don’t usually kill dea...
How to Prepare for Litigation Pt. 2
October 13, 2021 07:01 - 31 minutes - 28.9 MBIn 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 lawyers can work side-by-side with someone like Control Risks for a more comprehensive and often practical approach to building and implementing an...
How to Prepare for Litigation Pt. 1
October 13, 2021 06:57 - 38 minutes - 35.5 MBIn 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 lawyers can work side-by-side with someone like Control Risks for a more comprehensive and often practical approach to building and implementing an...
Running a Global Compliance Program from Shanghai
September 13, 2021 04:50 - 20 minutes - 19.1 MBBoon 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 privacy and other compliance regulations around the world.Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S2E5 - The Xiaomi Playbook: A Successful Challenge to the U.S. Ban
May 31, 2021 06:47 - 45 minutes - 41.2 MBNo matter your position on Chinese companies being put on a blacklist by the US government, you have to admire the due process these companies still get in court when a rule is challenged. Enter Xiaomi, which recently won a federal lawsuit to get off the black list banning US investors to buy and sell its stock. We talk with Tim O'Toole, Partner at Miller & Chevalier Chartered, who himself has appeared numerous times before the judge in this Xiaomi case. On whether this ruling opens up the ...
S2E4 - The Birth of the VIE - How Chinese Internet Companies First Went IPO
May 05, 2021 14:19 - 50 minutes - 46.2 MBA joint episode with our sister show "Ganbei" with guest with Xiaohu Ma, Partner at Hui Zhong Law Firm and former partner at Morrison & Foerster. 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...
S2E3 - 喜乐会Lawyers Unscripted
April 16, 2021 08:19 - 1 hour - 61.9 MB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Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S2E2 - 讨论律师与法务的法律市场情况
March 16, 2021 08:37 - 57 minutes - 52.7 MBProducer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S2E1 - Timeless Wisdom From Season 1
February 03, 2021 07:33 - 22 minutes - 20.3 MBProducer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S1E21 - Defending Chinese Companies in Global Litigation & Arbitration
December 01, 2020 14:25 - 41 minutes - 37.8 MBWe interview Amiad Kushner, chair of the litigation practice at Seiden Law Group, a boutique law firm based in New York that specializes in complex commercial litigation, often on behalf of clients based in Europe and Asia. Amiad has a special focus on representing Chinese clients in these matters. Foreign companies sue Chinese companies and often are in disbelief at how little documentation a Chinese company produces during the discovery process. And this may simply be because Chinese com...
S1E20 - Best Practices for Conducting Internal Investigations
November 09, 2020 12:54 - 1 hour - 55.2 MBTim Klatte - https://www.linkedin.com/in/dr-tim-klatte-2358964/ Qiao Peng - https://www.linkedin.com/in/qiao-alice-peng-9110221b2/ Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S1E19 - Jurisdiction re Deciding Global Royalty Rate for Standard Essential Patents (SEP): A comparison of US, UK and China.
October 10, 2020 08:14 - 1 hour - 55.2 MB4:12: 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） Producer Jacob Thomas Follow Us LinkedIn Apple Podcasts
S1E18 - The Legal Side of Buying Masks and other PPE from China
September 23, 2020 04:34 - 33 minutes - 30.7 MB-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
S1E17 - The Business Side of Buying Masks and other PPE from China
September 23, 2020 04:33 - 38 minutes - 35.6 MBWhy 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 - htt...
S1E16 - A Legal Comparison of IPOs in the US, Hong Kong, and Mainland China(Chinese)
August 21, 2020 07:28 - 1 hour - 62 MB3:10 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
S1E15 - WeChat and TikTok - A Deep Dive on the Executive Orders and CFIUS
August 12, 2020 03:27 - 1 hour - 57.3 MBWe 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 s...
S1E14 - Making Wise Career Decisions
July 31, 2020 09:28 - 29 minutes - 26.6 MBJoey 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
S1E13 - Managing an Effective Compliance Program in Asia
July 07, 2020 05:57 - 32 minutes - 30.2 MB2:10 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 an...
S1E12 - Corporate Venture Capital
June 24, 2020 14:57 - 48 minutes - 44.3 MBArt 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
S1E11 - Employment Law for Expats in China
June 09, 2020 02:45 - 36 minutes - 29.6 MBJeffrey 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 Thom...
S1E10 - How a Startup Manages its Stakeholders
May 26, 2020 13:54 - 31 minutes - 28.9 MBA 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 Busines...
S1E9 - Deciding to Go In-house in a Changing Legal Industry
May 04, 2020 01:58 - 1 hour - 56.9 MB1:58 – 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 them...
S1E8 - Due Diligence on Suppliers in China
April 21, 2020 05:53 - 39 minutes - 35.7 MB3:50 – 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...
Startup Fundraising in Difficult Times
April 15, 2020 05:40 - 32 minutes - 29.3 MB1:45 – 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 Appl...
The Current State of Data Privacy Law in China
March 04, 2020 00:08 - 36 minutes - 33 MB1:35 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...
Force Majeure and Contract Non-performance During the Coronavirus Crisis
February 26, 2020 16:41 - 38 minutes - 35 MB3:00 - 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 claus...
The Legal Department's Role in Responding to the COVID-19 Crisis
February 17, 2020 23:08 - 38 minutes - 35 MB1:15 – 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 opportuni...
Effectively Communicating With Clients - with Jon Hicks, Counsel at Netflix
February 12, 2020 22:54 - 31 minutes - 29.2 MB3:00 - 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 s...
Terminating Employees in China - with Lesli Ligorner, Partner at Morgan Lewis
February 12, 2020 22:47 - 30 minutes - 28 MB1:05 - 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 as...
The New Foreign Investment Law - with Yvonne Cheng, King & Wood Mallesons
February 06, 2020 16:34 - 31 minutes - 28.7 MB1:05 - 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