An overview of asset valuation, including asset based valuation, income based valuation, and market based valuation.
Foreign companies doing business in China have focused in recent days on the case of GlaxoSmithKline (“GSK”), the British multinational producer of pharmaceuticals, biologics, vaccines and consumer healthcare products headquartered in London. Articles to date, however, have been more descriptive than analytical and have focused more on the alleged acts and potential implications for the individuals allegedly involved and not as much on potential exposure for the corporate entities and those corporate officers who were not directly involved in actions violating PRC law. This article addresses those points while also placing the case in the broader context of China today.
This InfoPAK (now known as ACC Guides) gives a succinct overview of restraints of trade, monopolies and abuses of market power in China.
Use of social media and online marketing is becoming a mainstay in corporate communications. This resource outlines questions to consider when dealing with the ever-present world of social media marketing.
With over 2.55 billion people using websites such as Facebook, Twitter, and Instagram, social media websites have become popular venues for many online marketing campaigns. With this QuickCounsel, learn more about the appropriate laws to consider when dealing with social media.
Consider this checklist to help you assess compliance with the Personal Information Protection Law of China ("PIPL") adopted on 20 August 2021.
Learn about recent laws and regulations in China on the use of data and protection of cross-border data transfers.
This InfoPAK (now known as ACC Guides) provides a practical guide of data protection rules and principles, right to access personal data or object to its collection in China.
Non-Competition Agreement (China)
Investment in China has surged, particularly into the booming and reforming metropolis of Shanghai, drawn by a cost-effective workforce and a growing market. But U.S. investors still encounter legal difficulties when establishing, operating, and exiting from a China presence. Hong Kong has recently suffered from high costs and labor skill shortfalls and faces competition from Shanghai to be the leading center of business and finance in "Greater China." This article shows you how to help your company address these changes and reduce taxes through a regional structure of investments and operations by cherry-picking advantages from each city.
Learn about the Digital Markets Act that came into force on 1 November 2022 in the European Union, targeting unfair practices in the online platform economy.
China does not yet have a comprehensive law or regulation for personal information protection. In 2008, the Chinese Academy of Social Sciences submitted a draft Personal Information Protection Law to the State Council for consideration, but no further action on it has been reported. Learn more about the implications of this as China continues to take a piecemeal approach to personal data protection.
China is operating increasingly on a cashless basis, with the Chinese government posed to launch a digital currency called Digital Currency Electronic Payment (DCEP or “digital yuan”). This article provides a holistic overview and answers several key questions pertaining to the DCEP.
This InfoPAK (now known as ACC Guides) provides a high-level overview of privacy rules and principles in China..
This Top Ten outlines ten steps to fight against online defamation and restore your or your company's reputation after you or your company have been the victim of online anonymous defamation (US focus).
As the East continues to seduce business, more in-house counsel will be asked to manage legal services in China. Your new legal team will adhere to and be motivated by different cultural norms, which you as their leader should know. Learn basic cultural concepts relevant to all facets of life — including business — in China.
Managing a business dispute in China requires foresight at the time of a deal; potential issues can often be spotted during initial negotiation meetings. Most important, the key for any foreigner doing business in china is to appreciate the cultural, historical and political differences that create a dynamic, if not challenging, business landscape. This article offers practical tips to assist you in preparing and executing a deal, avoiding dispute, and how to tackle a dispute should one arise.
This article discusses how corruption is one of the critical challenges multinationals face when doing business in China, and how pharmaceutical companies and the healthcare industry have been hit hard by the Chinese anti-corruption campaign.
By using this LOI, a foreign investor can outline its intention to purchase all or part of the registered capital in a domestic Chinese company that is not listed and may have subsidiaries. An LOI is also often referred to as a heads of terms, term sheet or memorandum of understanding. The LOI China is drafted for a single buyer and a single seller. It includes legally binding provisions relating to the exclusivity of negotiations and costs, and assumes that a confidentiality agreement has already been entered into. It has been drafted from the perspective of the foreign buyer and assumes that Chinese law applies.
This "Getting the Deal Through" reference guide reviews M&A legislation and procedures in China.
List of questions to ask before doing business in China. Includes considerations of how a company makes first contact with China, the Chinese legal system, and specific legal issues like IP rights and contract enforcement.
This is a sample trademark license agreement specifically for China.
The article discusses three risk areas associated with investing in China, including a pervasive undermining of the legal system because of direct personal relationships, or “guanxi.”
This guide provides an overview of the legal framework for food safety in China.
Sample abbreviated rules for advertisements on online banners, tv and radio, and print.
On July 15, 2022, China’s antitrust authority SAMR announced a three-year pilot program beginning August 1, 2022 to delegate the review of certain simplified-procedure merger filings that the agency currently handles on its own, to five of its local branches (“AMRs”) in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi. Each of the five local AMRs will be responsible for a specific geographic area (“Territory”) within China. This article discusses this first step to implement China’s “categorized and classified” merger control review regime under the new Anti-Monopoly Law.
Learn about key issues of personal information compliance in employment and China's Personal Information Protection Law, enacted in late 2021.
At the Plainfield Healthcare Center in Plainfield, Ind., a nursing assistant was subject to unfair practice because her employer honored its patients’ racial preferences. Ensure your employees’ protection from third- party harassment; a judge won’t buy that the customer is always right.
The principles and guidelines contained in this policy should be applied to all online activities.
Learn about the Age Appropriate Design Code issued by the UK Information Commissioner's Office, which includes a set of standards for designing and providing online services to ensure that they safeguard the personal data of children.
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