Tag: China lawyers

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 […]

Why good corporate governance is so important in China?

A major challenge for investors is maintaining proper governance of their Chinese foreign entity to generate a profitable business. Whilst there are significant improvements in the business environment, including regulatory reforms to streamline administrative procedures, investors, especially those residing abroad, face challenges in establishing the proper […]

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. […]

Do Meng Wanzhou’s acts constitute fraud?

After arresting Ms. Meng Wanzhou at the request of the US, Canada still had to decide whether to extradite her to the US. The core question for consideration behind this decision is: During the meeting with the HSBC executive in 2013, did Ms. Meng misrepresent the […]

The Bill of Attainder Clause in the U.S. Constitution: Origin, Evolution, and Reflection — From Huawei v. U.S.

Since 2018, the United States has leveraged state power and resorted to “legal means” to suppress Chinese company Huawei Technologies Co., Ltd. (hereinafter referred to as “Huawei“), a leading player in high-tech sectors such as 5G. In the legislative branch, the U.S. Congress passed The National […]

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 […]

Chance Bridge Partners welcome Robert Lewis as Senior International Consultant and enter strategic alliance with docQbot

We are pleased to announce that Chance Bridge Partners, Alliott Global Alliance (“AGA”) law firm member in Beijing has appointed Robert Lewis as Senior International Consultant. This comes as Chance Bridge also enters into a strategic cooperation agreement with docQbot, the legal technology platform co-founded by […]

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. […]

The Case Against Huawei CFO Meng Wanzhou: An Assessment of the Complex Matrix of Extraterritorial Jurisdiction, International Extradition and Global Diplomatic Relations

This is the second in a series Meng Wanzhou, CFO of Huawei and daughter of Huawei founder Ren Zhengfei, is currently in her third year under house arrest in Vancouver, British Columbia, Canada, fighting extradition to the U.S. to face charges of bank fraud relating to […]

Shanghai – A City Guide for Lawyers and Legal Professionals

Shanghai, China’s largest and most populated city is also its largest commercial and financial hub. Also known as as the New York of the east, this dynamic and cosmopolitan city is a bustling hive of activity. The city has had phenomenal growth and development in past […]

Ms. Kathy Gong, Chairwomen

Legal Startup ai.Law set to deploy “an army of robotic lawyers” in China

Beijing-based legal startup ai.Law was established on China’s Youth Day, May 4, 2016.  To date — the new company has completed its angel round of investment.  Ms. Kathy Gong Xiaosi, the Founder & CEO of ai.Law, is a serial entrepreneur who was also once China’s youngest […]