Quarles & Brady LLP China Law Experience
For the most part, 80 percent of business conducted anywhere is the same. Business goals, negotiation skills and contracting issues are at the core of most transactions. However, it is the 20 percent that is different (culture, laws, regulations, government structure), especially when dealing with business overseas, that can mean the difference between success and failure. The China Law Group at Quarles & Brady understands that 20 percent difference and has the expertise to help your organization accomplish its business goals.
Our group advises Chinese companies who are doing or plan to do business in the U.S. and American companies who are doing or plan to do business in China. We are ready to counsel you on important issues such as the protection of confidential information; intellectual property protection and enforcement; technology transfers; corporate matters (including mergers and acquisitions, venture capital and private equity investments and securities and capital markets); regulatory matters related to market access and barriers, government approval and registration and license/permit requirements; establishing and operating foreign investment enterprises; and the many considerations in structuring a transaction, including structure, payment terms, tax structure, intellectual property licensing, governing law and venue, and enforceability. Our clients include major national and multinational corporations, educational and research institutions, municipalities and government agencies, nonprofits, charitable organizations, industry executives and high-net-worth individuals. Our Chinese clients include large state-owned enterprises as well as private-owned entities principally in the green/alternate energy, high-technology, pharmaceutical, biotech, real estate, automotive and manufacturing sectors.
Quarles & Brady’s China Law attorneys not only have extensive experience providing clients with cross-border assistance involving China-related legal matters, but they have the far-reaching relationships with local and national government leaders necessary to assist clients in the most effective and efficient manner possible. Of particular note, our attorneys have and maintain working relationships with numerous provincial and municipal governments, industry organizations, and with regulatory and approval bodies, throughout China. We understand the importance of doing things locally and getting the support, when necessary, of local officials and governmental entities.
Most importantly, our attorneys maintain the types of working relationships with Chinese lawyers and China law firms, as well as accounting firms and business consultants, that are important to establishing operations in China. We also work with privately owned (i.e., nongovernmental) consultants in the United States along with consultants in Beijing, Shanghai, Chongqing and Chengdu who specialize in China business development and outsourcing.
We can help our clients understand the cultural and political nuances of doing business in China and can guide them through the many obstacles of doing business there. We use our network to assist our clients in establishing and maintaining the relationships necessary for success. Through our network we can provide introductions, facilitate meetings, and help with the intricacies of relationship building. We would be happy to put this network to work for you to help you build relationships and networks tailored to your business objectives in China.
Our experience includes:
- Representation of a joint venture company which acts as a purchasing agent for customers in the transportation industry in sourcing fabricated steel products from a Chinese manufacturer.
- Assistance in selling off, via a fully-negotiated stock purchase agreement, a half-interest in a privately-held and very profitable Chinese joint venture. Our American-born clients managed the business operations on the ground in China, and their family has been doing business in China since the early ‘80’s through their own companies.
- Regular work with Invest Hong Kong, the special government agency responsible for helping companies set up business in Hong Kong and the nearby Pearl River Delta on the Mainland.
- Managing dual-jurisdiction litigation in Hong Kong and the United States regarding employee misappropriation of trade secrets from mainland Chinese factory operations of Hong Kong company.
- Drafting and negotiating a Chinese-exclusive distributor agreement between a company which produces therapeutic equipment, and a Chinese distributor.
- Advice to mid-size U.S. seller of communication systems in reviewing potential legal entity set-up and joint ventures in China.
- Advice to major commercial building construction company in negotiation with Singapore supplier of curtain walls with Chinese manufacturing.
- Assisting clients with product sourcing agreements with Chinese suppliers.
- Assisting U.S. clients with protection of trademark, copyright and patent assets in China.
- Providing informative training sessions for clients that include a basic review of Chinese commercial and intellectual property law, review of client’s goals and business strategies, and review of agreements to identify provisions addressing issues under Chinese law.
|Tips For Setting Up Business In China|
- Understand business goals before doing the deal or choosing a Chinese entity structure.
- Understand international business sophistication of Chinese parties.
- Be an educated user of local counsel and use local counsel with international experience.
- Use a banker that understands letters of credit, foreign exchange and China.
- Remember the cultural differences – your fundamental assumptions may (will likely) be wrong.
- Do your due diligence - make sure you understand the background of both the company and the individual owners.
- Set expectations – your deal or company organization will likely cost more and take much longer than in the U.S.
- Requirements will change over time - track detailed requirements and update during process.
- Remember to protect your intellectual property.
- Seek advice from your local U.S. Commercial Service office or state commerce department.
- Patience, patience, patience.
For more information on how Quarles & Brady's China lawyers can help you create long-term success in China, please contact Fred Lautz at (414) 277-5309 /
, Thomas Stiebel, Jr. at (312) 715-5244 /
, Karen Dickinson at (602) 230-5511 /
or your local Quarles & Brady attorney.