Asia

Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: asia@kinneyrecruiting.com.

Our advice to any Mandarin speaking 2L summer associate who is interested in a future transfer or lateral US associate move to Hong Kong / China: It’s not just about corporate and other transactional practices any more. If you are more interested in litigation than transactional, don’t hesitate to choose litigation or a litigation-related practice area. There is a sharply growing need at top US firms in Hong Kong / China for laterals and transfers in US litigation (mostly FCPA / White Collar work), Anti-Trust, and Disputes / Arbitration. This is not just a trend, it’s a permanent change on the landscape. We find it exciting that Mandarin speaking JDs now have more options to choose from in positioning themselves for a future Hong Kong / China move. Feel free to contact us at asia@kinneyrecruiting.com if you are a summer associate interested in Asia and have any questions about choosing a practice. It can be one of the biggest decisions you make in your career and yet one usually made without much analysis. Also, feel free to contact us if you are an associate interested in joining an FCPA / White Collar practice or Disputes practice in Asia. We have made numerous such placements in the past few years and a number of our candidates are interviewing for FCPA / White Collar positions at present in Asia.

Check out this relevant recent Legal Week article by Elizabeth Broomhall, where Kinney Recruiting’s Evan Jowers is quoted several times: Courting Eastern promise – the drive by international firms to recruit more disputes lawyers in Asia.

I am writing this from Hanoi, Vietnam, where I have been for the last week, working on legal matters for American companies doing business in Vietnam. Viewing firsthand how Vietnam has responded to this week’s anti-Chinese riots has prompted me to write on the impact those riots and the sentiments that led to them might have for American businesses in Vietnam.

Many American companies doing business in China have what is commonly referred to as a “China plus one strategy.” Such companies will have the bulk of their Asian operations in China, but will also be active in at least one other Asian country to hold down costs or reduce over-dependence on China. The increasing cost of labor (and other inputs) in China has accelerated the number of companies considering this strategy.

If you do a Google search for “China plus one,” Vietnam is listed one, two and three as the “plus one” that specifically mentions another country. It is also the country my law firm’s clients most often mention when considering where to go outside China.

Why do I see Vietnam as the ideal plus one country?

double red triangle arrows Continue reading “China Plus One: How Vietnam’s Riots Help American Businesses”

I re-watched the movie The Painted Veil (the 2006 version with Naomi Watts and Edward Norton) this weekend. It’s a decent movie with a pretty thin plot, but I love its cinematography and its depiction of 1920s China.

I also love the lessons it teaches for surviving China.

The movie does a good job conveying how China viewed its foreigners back then. That is, China belongs to the Chinese, and they do not particularly want foreigners there — even doctors there to save lives. Foreigners are in China only to the extent that it makes sense to have them there, and they will never be treated the same as Chinese people.

When it comes to modern-day Chinese commercial law enforcement, the perceptions and the treatment of foreigners have not changed all that much…

double red triangle arrows Continue reading “How To Do Business In China Without Jail Time? Kill A Chicken”

How often do you stop to think about the ubiquitous “Made in China” label? If you’re a China lawyer, you should think about it almost every day.

To convince recalcitrant clients of the need for product liability protection for the products they are having made in China, I sometimes send them the following deposition questions asked of a U.S. manufacturer whose China-made product had badly injured a child:

double red triangle arrows Continue reading “How To Prevent ‘Made In China’ Product Labels From Leading To Lawsuits Made In The U.S.A.”

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Abby Gordon is a Director with Lateral Link’s New York office. Abby works with attorney candidates on law firm and in-house searches, primarily in New York, Boston, and Europe. Prior to joining Lateral Link, Abby spent seven years as a corporate associate with Cleary Gottlieb, focusing on capital markets transactions for Latin American clients in New York and for the last five years for European clients in Paris. A native of Boston, Abby holds a J.D., cum laude, from Georgetown University Law Center and a B.A. in government and romance languages, magna cum laude, from Dartmouth College. Abby also worked with the International Rescue Committee as a Fulbright Scholar in Madrid, Spain. She is a member of the New York Bar and is fluent in French and Spanish (and dabbles in Portuguese and Italian).

In the first part of this series, I discussed picking the right practice area and picking the right firm to optimize your opportunities for working overseas.

In this second part of the series, I will touch on the importance of language skills for various regions and practice areas. I will then discuss the potential downsides and sacrifices involved in working overseas for a portion of your career. Finally, I will talk about what you can be doing now to best position yourself for a move overseas….

double red triangle arrows Continue reading “Planning For A Legal Career Overseas (Part II): Language Skills, Caveats, And What You Can Be Doing Now”

Dan Harris

I figured my first Above the Law post should be something aimed squarely at those who generally read this blog: American lawyers. I also figured I should lead with what I do best and that is scaring the heck out of people.

So I am going to write about four common and egregious mistakes my law firm’s China lawyers often see American domestic lawyers make when representing their clients in doing business with or in China, along with a very brief analysis of what causes American lawyers to make each sort of mistake.

1. Many years ago, a lawyer in the Midwest called us to discuss his client’s desire to form a company in China. This lawyer did not even tell us that his client was in the room. The lawyer asked us the minimum capital the Chinese government would likely require his client put into a Chinese bank to be able to start a business (a WFOE) in China. Based on the nature and size of the business, we estimated $6 to $8 million. The lawyer asked us to confirm that a portion of the required $6 to $8 million could come from factory equipment not cash, and we assured him that it could. At that point, he said, “good,” because his client had already purchased $5 million in equipment and shipped it to China.

We then had to tell him those equipment purchases could not count because they had not been previously designated as going to the WFOE. The lawyer then complained about how his client could not afford to come up with another $5 million and how China was putting form over substance. To which we could say little more than, “yeah”…

double red triangle arrows Continue reading “China Law Mistakes To Avoid — I’m Talking To You”

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Nicholas Goseland, a Director at Lateral Link, where he oversees attorney placements and client services in California and Asia.

Seeking to chart a course for China, Fenwick & West recently moved quickly to recruit a pair of corporate partners, Eva Wang and Carmen Chang (who will serve as a part-time advisor), to spearhead the firm’s new office in Shanghai. The move is already paying dividends.

Less than two months after her arrival, Wang, who once served as VP and general counsel of Spreadtrum Communications Inc. (NASDAQ: SPRD), has secured a mandate to represent Spreadtrum in its announced acquisition by Tsinghua Unigroup Ltd. for $1.78 billion. The deal will present numerous cross-selling opportunities for Fenwick partners in the coming year and generate a lucrative stream of fees for the firm, which has already assigned 16 attorneys to the matter….

double red triangle arrows Continue reading “From Silicon Valley To China: A Tale Of Two Strategies”

Edward Snowden

* Edward Snowden, the computer technician who leaked details on the programs the NSA didn’t want you to know about, sacrificed his life to save your privacy’s soul. Thanks a bunch, Technology Jesus! [CNN]

* While we wait for Fisher, DOMA, and Prop 8, if you’d like some background info on the people behind the most controversial and talked about SCOTUS cases of the term, give this one a read. [NBC News]

* If a justice claims he’s never met a homosexual and he’s got a gay law clerk, telling him to “look around [his] chambers” to find one is the NKI. My, how times have changed since the mid-80s. [New York Times]

* In 2012, Justice Sotomayor earned $1.9 million in royalties from her memoir, My Beloved World (affiliate link). Yeah, her world is probably so beloved because she’s rolling around in money. [Blog of Legal Times]

* Howrey going to make use of this empty wall space? If you’re in the market for some art, this bankrupt firm’s decor will be up for auction in D.C. later this week. [Bankruptcy Beat / Wall Street Journal]

* When you’re dealing with the most beautiful people in Biglaw, the price for pretty is high: Davis Polk was slapped with a million-dollar lawsuit over a recruiter’s fee. [Thomson Reuters News & Insight]

* Gerald Shargel, criminal defense attorney to the Mafia stars, is retiring his shingle to join Winston & Strawn. Biglaw better keep him entertained — he gets bored easily. [DealBook / New York Times]

* Cory Booker, one of everyone’s favorite Yale Law School grads, announced his candidacy for a New Jersey Senate seat over the weekend. Best of luck in the special election! [The Note / ABC News]

* The feds are seeking a four-year sentence for former Rep. Jesse Jackson Jr. in his campaign funds misuse case. No MJ memorabilia is worth prison time, no matter how big a fan you are. [The Hill]

* “[I]f you ever call me on my cellphone again, I’ll strangle you.” Yikes. Looks like this Kentucky judge won’t have the chance to wring his hands around lawyers’ necks any time soon. [Courier-Journal]

Lawyers are obsessed with rankings and prestige, especially those that have to do with emerging markets in the eastern hemisphere. It’s a new year, so the folks at Asian Lawyer decided to start it off with a new rankings system for Biglaw firms, both American-based and those indigenous to the Asia-Pacific region.

Although Asian Lawyer evaluated firms using several different metrics (total attorney headcount of firms based in the Asia-Pacific region, biggest American firms with lawyers in the region, biggest European firms with lawyers in the region, and most attorneys by headcount of any firm in the region), we only really care about two of them.

The most some Americans know about the region is that they’re fans of the delectable cuisine, but can U.S. law firms hang with the Asiatic big boys? No matter how many firms tell you it’s the motion of the ocean that counts, size does matter for the purposes of these rankings….

double red triangle arrows Continue reading “Which U.S. Firms Ranked in the Asia 50, the Largest Law Firms in the Asia-Pacific Region?”

* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)]

* Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer]

* Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg]

* Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal]

* Remember when Rutgers-Camden Law said “many top students” were making bank after graduation? Yeah, about that: Law School Transparency just filed an ABA complaint. [Thomson Reuters News & Insight]

* Here are some law school trends to look out for in 2013. FYI, the applicant pool is smaller because no one wants to foolishly gamble on their careers anymore. [Law Admissions Lowdown / U.S. News & World Report]

* In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times]

* Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]

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