China Business Law Podcast

Happy 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 shared with CBLP her life changing experience in Beijing that enabled her to finally pursue what makes her heart sing. Orianne's entire career path has been nothing short of extraordinary and she has been breaking biases along her journey. In addition, she also shared her personal story on how a supportive community in Huang Shan, Yellow Mountain in China broke the bias by supporting wheelchair users to climb the mountain; also how by constantly self-reflecting and not putting ourselves down we can stop perpetuating some of the biases that exist. We hope you enjoy this episode!

Doreen 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 she would recommend for different lawyers at different stages in their careers. You won't want to miss this episode.

In 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 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 stop deals, but instead add value by creating better deals.

In 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 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 stop deals, but instead add value by creating better deals.

In 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 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 stop deals, but instead add value by creating better deals.

In 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 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 stop deals, but instead add value by creating better deals.

In 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 effective litigation strategy.

In 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 effective litigation strategy.

In 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 effective litigation strategy.

In 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 effective litigation strategy.

Boon 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.

Boon 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.

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 a clunky workaround to deal with restrictions on foreign investment in the internet space in China, and despite its clunkiness, it’s still going strong today. We’ll get into the notorious Alipay – Softbank – Yahoo story and others where the VIE was center stage in that drama. Check it out with our guest Ma Xiaohu, one of the leading early technology lawyers in China who along with a few others had to come up with all these wonderful structures 20 years ago to enable that first batch of Chinese internet IPOs to happen…

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 a clunky workaround to deal with restrictions on foreign investment in the internet space in China, and despite its clunkiness, it's still going strong today. We'll get into the notorious Alipay – Softbank – Yahoo story and others where the VIE was center stage in that drama. Check it out with our guest Ma Xiaohu, one of the leading early technology lawyers in China who along with a few others had to come up with all these wonderful structures 20 years ago to enable that first batch of Chinese internet IPOs to happen…

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

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

我们访谈了Hughes - Castell的Sherry、Vicky, 以大中华区专业的法律猎头角度讨论律所的律师与企业的法务之间的市场情况。 3'05'' “后新冠时代 ”中国法律市场的情况7'17'' 给新手律师执业领域的建议以及一个新兴领域，财富管理的相关介绍23'30'' 从甲方企业视角给新手律师以执业领域方面的建议。延伸话题：从律所跳槽到甲方企业是否需要接受降薪34'11'' 现在的法总比起十年前的法总有什么不同42'27'' 目前内资所和外所的招聘要求分别是什么，以及优秀的律所合伙人有哪些表现50'40'' 国内民企和跨国公司分别是什么招聘要求，区别在哪

我们访谈了Hughes - Castell的Sherry、Vicky, 以大中华区专业的法律猎头角度讨论律所的律师与企业的法务之间的市场情况。 3'05'' “后新冠时代 ”中国法律市场的情况7'17'' 给新手律师执业领域的建议以及一个新兴领域，财富管理的相关介绍23'30'' 从甲方企业视角给新手律师以执业领域方面的建议。延伸话题：从律所跳槽到甲方企业是否需要接受降薪34'11'' 现在的法总比起十年前的法总有什么不同42'27'' 目前内资所和外所的招聘要求分别是什么，以及优秀的律所合伙人有哪些表现50'40'' 国内民企和跨国公司分别是什么招聘要求，区别在哪

We talk with Tim Klatte, head of Shanghai Forensic Advisory Services at Grant Thornton China and Qiao Peng, Partner at R&P China Lawyers. Tim and Qiao share best practices on conducting internal investigations, including several case studies, as well as how lawyers and forensic accountants work together for clients in the investigations process. -How has compliance practices by big companies changed over the years in China? -Is there anything about business in China that makes compliance issues and internal investigations more likely to arise? -Case studies about rogue GM and related party transactions and conflicts of interest-Issues of legal privilege, issues of cross-border cultural sensitivities -How to build and use evidence in a case for either convincing the person to leave or for court, if necessary.

We talk with Tim Klatte, head of Shanghai Forensic Advisory Services at Grant Thornton China and Qiao Peng, Partner at R&P China Lawyers. Tim and Qiao share best practices on conducting internal investigations, including several case studies, as well as how lawyers and forensic accountants work together for clients in the investigations process. -How has compliance practices by big companies changed over the years in China? -Is there anything about business in China that makes compliance issues and internal investigations more likely to arise? -Case studies about rogue GM and related party transactions and conflicts of interest-Issues of legal privilege, issues of cross-border cultural sensitivities -How to build and use evidence in a case for either convincing the person to leave or for court, if necessary.

我们邀请了高焕勇律师，美国盛智律师事务所上海代表处知识产权、诉讼业务及公司业务组的合伙人，访谈关于标准必要专利全球许可费率的管辖权： 美国，英国和中国的比较。4:12: 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）

我们邀请了高焕勇律师，美国盛智律师事务所上海代表处知识产权、诉讼业务及公司业务组的合伙人，访谈关于标准必要专利全球许可费率的管辖权： 美国，英国和中国的比较。4:12: 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）

The host, Art Dicker, discusses the legal issues and risks surrounding mask and other PPE procurement from China. Art is joined by long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory.-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

The host, Art Dicker, discusses the legal issues and risks surrounding mask and other PPE procurement from China. Art is joined by long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory.-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

We talk with long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory on multiple real world cases of sourcing PPE product from China. On some of the potential pitfalls involved and best practices to reduce risk.-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?

We talk with long-time China veterans Cameron Johnson of Tidal Wave Solutions and Joel Gallo of Columbia China League Business Advisory on multiple real world cases of sourcing PPE product from China. On some of the potential pitfalls involved and best practices to reduce risk.-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?

我们访谈了戴冠春律师，竞天公诚律师事务所合伙人，钱伯斯亚太地区公司/并购第四梯队，ALB中国十佳并购律师。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

我们访谈了戴冠春律师，竞天公诚律师事务所合伙人，钱伯斯亚太地区公司/并购第四梯队，ALB中国十佳并购律师。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

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 sale of TikTok and the concurrent CFIUS investigation.-What is the legal basis behind the TikTok and WeChat Executive Orders?-How will the 45 day time frame and process work for the Commerce Department to identify transactions subject to these orders?-Are US companies' China subsidiaries covered by the order on WeChat? -Will US citizens really fall under this rule and be prevented from using WeChat from a practical perspective, even in China? Can they really enforce this rule on a person-by-person basis? Who is really being targeted by this rule? -Will the app stores like Apple and Google be forced to take down the app?-Why was the Executive Order for WeChat limited to transactions with WeChat and not transactions with Tencent, whereas the order on TikTok was much broader to include all transactions with Bytedance?-How hard will big business be lobbying to get this rule narrowly applied? -Is there a license exemption process for companies to use and what can we learn from the Huawei experience with similar licenses? -Can Tencent and Bytedance appeal these Executive Orders?-What is the status of the CFIUS investigation into Bytedance and its 2017 acquisition of Musical.ly and how does that interplay with the discussions now on banning TikTok? -What is coming next with respect to a potential sale to Microsoft or Twitter?-How have CFIUS investigations driven other companies to be sold when held by Chinese buyers?-How is the Administration using the Executive Order and the CFIUS investigation together as a coherent strategy? -Was it obvious back in 2017 that Bytedance should have made a CFIUS filing for its acquisition of Musical.ly?-How does the acquisition of a lip-synching app like Musical.ly trigger national security concerns?-Can any Chinese company that handles a large amount of personal data on US citizens put in place mitigation measures to that will actually satisfy CFIUS in the current political environment?-Is CFIUS really the right tool to be using to screen foreign companies and especially Chinese companies from doing business with large amounts of data or acquiring sensitive technology in the US?

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 sale of TikTok and the concurrent CFIUS investigation.-What is the legal basis behind the TikTok and WeChat Executive Orders?-How will the 45 day time frame and process work for the Commerce Department to identify transactions subject to these orders?-Are US companies' China subsidiaries covered by the order on WeChat? -Will US citizens really fall under this rule and be prevented from using WeChat from a practical perspective, even in China? Can they really enforce this rule on a person-by-person basis? Who is really being targeted by this rule? -Will the app stores like Apple and Google be forced to take down the app?-Why was the Executive Order for WeChat limited to transactions with WeChat and not transactions with Tencent, whereas the order on TikTok was much broader to include all transactions with Bytedance?-How hard will big business be lobbying to get this rule narrowly applied? -Is there a license exemption process for companies to use and what can we learn from the Huawei experience with similar licenses? -Can Tencent and Bytedance appeal these Executive Orders?-What is the status of the CFIUS investigation into Bytedance and its 2017 acquisition of Musical.ly and how does that interplay with the discussions now on banning TikTok? -What is coming next with respect to a potential sale to Microsoft or Twitter?-How have CFIUS investigations driven other companies to be sold when held by Chinese buyers?-How is the Administration using the Executive Order and the CFIUS investigation together as a coherent strategy? -Was it obvious back in 2017 that Bytedance should have made a CFIUS filing for its acquisition of Musical.ly?-How does the acquisition of a lip-synching app like Musical.ly trigger national security concerns?-Can any Chinese company that handles a large amount of personal data on US citizens put in place mitigation measures to that will actually satisfy CFIUS in the current political environment?-Is CFIUS really the right tool to be using to screen foreign companies and especially Chinese companies from doing business with large amounts of data or acquiring sensitive technology in the US?

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.

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.

We talk with Boon Kim Fam, Senior Legal Counsel, Compliance, Asia Pacific at PVH Corp. (parent company of Calvin Klein and Tommy Hilfiger).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 other parts of Asia Pacific?16:38 How to get the senior management to help drive and support the compliance program?21:21 How about empowering middle management who are often the first to encounter problems?23:40 Making your presence felt in the region when the compliance team sits in the regional headquarters.26:38 Is face time still important in a compliance program with the prolific use of video conferencing now?28:20 Business is getting done despite a dramatic reduction in travel and entertainment with clients because of COVID-19. Will this lead to a permanent reduction in compliance risk to the company?29:05 What do you see as changing trends for compliance in Asia Pacific?

Art Dicker is interviewed by Xnode's Ian Yu on how corporate venture capital operates, how its different from institutional venture capital funds, and how startups should approach and work with venture capital investors.

Amcham's Kate Magill and I host Jeffrey Wilson, counsel at Junhe on commonly asked questions on key employment law issues that have arisen for foreigners in China. 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.

Amcham's Kate Magill and I host Jeffrey Wilson, counsel at Junhe on commonly asked questions on key employment law issues that have arisen for foreigners in China. 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.

We talk with a founder, and two investors/mentors about the role different stakeholders play in a company's early stages.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 Podcast.This week our show is hosted by Agnes Wang, a lawyer in China and co-creator at the show.

We talk with a founder, and two investors/mentors about the role different stakeholders play in a company's early stages. 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 Podcast. This week our show is hosted by Agnes Wang, a lawyer in China and co-creator at the show.

We talk again with Kenny Tung, long-time China-based General Counsel in the region at companies such as PepsiCo, Goodyear, Honeywell, and Kodak. A deeper dive into how the legal industry is changing and what young lawyers should consider when deciding to go in-house. 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 obsolete by automating process and increasing efficiencies?40:50 – How people and cultural skills are more important than ever for lawyers especially in-house.45:20 – How in-house lawyers can drive the decision-making process in a big company.51:42 – A call to making change in your legal department and its role in the company.

We talk again with Kenny Tung, long-time China-based General Counsel in the region at companies such as PepsiCo, Goodyear, Honeywell, and Kodak. A deeper dive into how the legal industry is changing and what young lawyers should consider when deciding to go in-house. 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 obsolete by automating process and increasing efficiencies? 40:50 – How people and cultural skills are more important than ever for lawyers especially in-house. 45:20 – How in-house lawyers can drive the decision-ma...

We talk again with Jason Chang 張平真, Of Counsel at DLA Piper, on best practices for doing due diligence on suppliers.

We talk again with Jason Chang 張平真, Of Counsel at DLA Piper, on best practices for doing due diligence on suppliers.

Benjamin Qiu, partner at Loeb & Loeb, and I talk about what kind of legal issues arise when startups run into difficult economic times and funding is harder to get. 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 funding14:48 – Investor veto rights – fundraising, change in business models, redemption threats22:45 – Legal issues for startups trying to reduce costs25:50 – Predictions on what will change post-virus

Benjamin Qiu, partner at Loeb & Loeb, and I talk about what kind of legal issues arise when startups run into difficult economic times and funding is harder to get. 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

We talk with Nico Bahmanyar at LEAF on practical, cost-effective strategies for coping with China's Cybersecurity and other data privacy laws.1:35 Introduction to the Cybersecurity Law5:00 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 companies25:40 Companies changing data compliance from a cost center to a value proposition28:45 Personal liability on data protection officers and legal representatives within companies 31:18 Will the coronavirus situation impact data collection and data privacy in China?

We talk with Nico Bahmanyar at LEAF on practical, cost-effective strategies for coping with China's Cybersecurity and other data privacy laws. 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 proposition 28:45 Personal liability on data protection officers and legal representatives within companies 31:18 Will the coronavirus situation impact data collection and data privacy in China?

We talk with Jason Chang, Of Counsel at DLA Piper, on what international companies should know about force majeure in the current situation. 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 contract14.16 - 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 their contracts?Bonus questions:23:55 - A lot of parents in China, expats, etc., sending their kids to private schools in China which can't open. What can they do?31:18 - What kind of personality do you need to have to handle sticky issues like force majeure cases and compliance issues generally as a lawyer?

We talk with Jason Chang, Of Counsel at DLA Piper, on what international companies should know about force majeure in the current situation. 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 their contracts? Bonus questions: 23:55 - A lot of parents in China, expats, etc., sending their kids to private schools in China which can’t open. What can they do? 31:18 - What kind of personality do you need to have to handle sticky issues like force maje...

We interview Jon Hicks, Employment Counsel at Netflix at its headquarters in Los Gatos, California. On how lawyers can effectively communicate with clients, including internal company clients when operating as an in-house attorney.3:00 - The most common disputes with employees at companies.4:00 - How Jon handles disagreements with colleagues/internal clients5:45 - Does a legal training get in the way of good communication?11:15 - Why you should never surprise someone with your decision12:10 - Coaching managers to communicate well on terminations13:45 - How to impart legal concepts using non-legal language16:00 - Lawyers and non-verbal communication mishaps19:20 - Avoiding the temptation to want to look smart with clients21:10 - Talking about the law in terms of fairness not rules22:30 - How company policies can hinder effective decision making27:00 - Handling political correctness, bad jokes, etc within companies

We interview Lesli Ligorner, Managing Partner Beijing office of Morgan Lewis. On the best approaches in effectively dealing with employee terminations in China.1:05 - Typical termination case profiles1:55 - Dealing with termination cases already in flight4:02 - Handling situations where no clear legal grounds for termination5:50 - How badly should a company pay to make employee go away10:21 - Handling employees who just refuse to go13:15 - Advance preparation for terminating employee16:20 - Performance improvement plans18:10 - Coordinating HQ-local cross-border termination cases23:07 - How can outside counsel offer practical risk assessments27:50 - Enjoying the practice of law in China as an expatriate