Publications and Media

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What Chinese Investors Must Know About the CFIUS New Rules

What are the main take-away lessons of the new CFIUS rules?

With the passage of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), CFIUS will undergo the following changes:

Is Your Company a “Boiling Frog?” What Should Be Done Before It’s Too Late?

There is a popular metaphor in business circles about a 19th century experiment in which researchers concluded that frogs, when thrown into a pot of boiling water, would jump out to survive; but if the frog was placed in a pot of cold water where the temperature was raised slowly, the frog would be unable to sense the small changes in temperature and would eventually boil to death.

By Nicholas V.

Update on US EB-5 Program

As of December 15, 2015

By Nicholas V. Chen

The US EB-5 investor immigration program, which has been a widely used channel for Chinese families to apply for US citizenship program, has been the subject of US Congressional review for a variety of proposed improvements and changes to the program.

There are four of these proposed changes (H.R. 616, H.R. 3370, S. 1501, and S. 2122) which are still in undergoing review in Congressional Committees.

China's Enforcement Against Offshore Assets Potentially About to Change

As signatory to the OECD CRS scheme, China's government will automatically receive financial, deposit, securities and banking information of its citizens from governments and banks from 96 countries

By Nicholas V.

EB-5 Proposed Law Changes: Implications for Potential Investor Immigrants to USA

We summarize the proposed changes to the current EB-5 program. Our goal is to help families make informed balanced decisions about their future without being victimized by inaccuracies spread by unscrupulous local broker/agent rumor mills.

By Nicholas V.

Managing China Risk in a Changed Business Ecosystem

 Download as PDF.

Cartoonist David Horsey earlier this year created an image of an anxious Uncle Sam asking a fortune teller, "Can you tell me about my future?" She responds: "Hmm ... I would, but I can't read Chinese."

PRC Data Privacy Laws in a Nutshell

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By Alexander May

Data privacy is relevant to all companies and their employees operating within China. Any company in China which licenses information, gathers information, engages in market research, data management or is in media, telecommunications, retail, advertising, healthcare, provides internet content, has customer lists, customer information, patient information, among others, should be aware of the changing Chinese landscape with respect to data privacy. Chinese data regulations and guidance are replete with inconsistencies, gaps and unhelpful generalities. However, new developments reflect a growing trend in China, in which maintaining the privacy of personal data and effecting reasonable compliance efforts to that end are becoming an important matter. Some argue such a regime reflects a new way for authorities to exert control over expression via over breadth and selective enforcement, while others maintain it is necessary to create a self regulatory climate due the expansive nature of data and its ease of transmission, portability and abuse.

Insider Threats: Protecting Against Rogue Employees

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Employees are typically a company’s greatest resource but can also be the greatest source of legal compliance risk. Many companies go to great expense to protect their business, assets and secrets.

Dispute Resolution Forum Selection Uncertain with Arbitration Commission Secession

By Alexander May

Arbitration has become a fundamental mechanism to resolve commercial disputes as an alternative to courts, particularly in the context of international trade and investment.  As a result of judicial impracticalities in Mainland China, arbitration has long been the favored method of dispute resolution, using tribunals within and outside of China.

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