Tag: China Foreign Investment

DOJ Deal with Huawei CFO Highlights Tensions Between the Rule of Law and Geopolitical Realities

US Officials Decry China’s Use of Points of Leverage as “Geostrategic Weapons” But China Claims US Employs “Rule of Law” as Front for Transparent Bullying Tactics

Why foreign shareholders should understand the corporate veil in China?

The corporate veil or the corporate personality is a legal term used to describe the separation of the corporate entity from the shareholder for the purpose of litigation. Usually, the court renders the shareholder personally liable for the debts, negligence, or mismanagement of the business, and […]

The Meng/Michaels Conflict and Beyond … Band Aids or Proactive Solutions for Trade Conflicts?

Introduction The protracted saga of the US Justice Department’s extradition request concerning Meng Wanzhou, Huawei’s CFO, is well known.[i]  This matter by far exceeds the scope of a normal fraud case – which it formally is, albeit within the framework of US sanctions – and has […]

In conversation with Horizons Corporate Advisory Regional Partner Roberto GILARDINO

Robert Gilardino is Regional Partner with Horizons Corporate Advisory, based in Shanghai.  In this interview with Asia Law Portal, Dr. Gilardino explains what makes Horizons unique, the unique challenges he faces in an increasingly competitive legal market, how his previous government experience is leveraged to help […]

A new era in Chinese legislation: paving stronger stance in national sovereignty and interests

Deng Xiaoping initiated the Reform and Opening Up policy and opened the door to the world in 1978. As a result, China’s GDP rose from 367.9 billion yuan in 1978 to 15.45 trillion yuan in 2020 and lifted China from a third-world country to becoming a […]

Does the Meng Wanzhou case involve an abuse of process?

Should Ms. Meng Wanzhou be extradited from Canada to the US? The Canadian court overseeing her case and Canada’s Minister of Justice are responsible for determining this. If an abuse of process by either the requesting or requested state was committed during the extradition proceedings, it […]

Analysis of Legal Issues Involved in the Meng Wanzhou Case

Basic facts of the case On December 1, 2018, Canada arrested Ms. Meng Wanzhou, Huawei’s Chief Financial Officer, in Vancouver at the request of the US. On December 11, 2018, the Supreme Court of British Columbia in Canada ruled on and approved Ms. Meng’s bail application. […]

Learning From the Huawei CFO Meng Wanzhou Case: What Chinese and Other Non-U.S. Companies and Executives Should Do to Limit Exposure to Criminal Liability in the U.S.

This is the fourth and final installment in this series White collar criminal law experts who regularly represent or advise Chinese companies all agree that the arrest of Huawei CFO Meng Wanzhou was a “wake-up call” for all Chinese companies with global operations.  Compliance management is […]

The Defense of Huawei CFO Meng Wanzhou: How the Principles of the Rule of Law Extend Fundamental Protections to Non-U.S. Companies and Executives Subject to Extraterritorial Jurisdiction

This is the third in a series When Meng Wanzhou was arrested in Vancouver in December 2018, it attracted global attention.  Due to the aggressive assertion of extraterritorial jurisdiction by U.S. prosecutors, Ms. Meng found herself under house arrest in Canada fighting extradition to the U.S. […]

Tel aviv isarel

Chinese law firm Yingke enters the Israeli legal market – what’s next?

The Lawyer magazine (UK) has reported that one of China’s largest law firms, Yingke – has entered the newly liberalized Israeli legal market. The Lawyer reported that Yingke “merged with Israeli boutique firm Eyal Khayat Zolty, Neiger & Co, for its first step into the jurisdiction. The local firm has rebranded itself […]