China Business Law Podcast

我们与全球领先的法律猎头公司Hughes Castell 的大中华区资深法律猎头Vicky 刘彦访谈关于2022年中国大陆整体法律市场状况。 Vicky 谈论了律所在疫情影响下法律业务与招聘业务的整体情况和中资所、外资所的发展趋势；以及in house的市场情况和比较受欢迎的候选人的背景能力。

Co-hosts Art Dicker and Boon Kim Fam are joined by Henry Van Dyck and George Martin, partners and co-chairs of the FCPA practice at Faegre Drinker. Henry was most recently a federal prosecutor at the U.S. Department of Justice working on FCPA and other global government investigations, while George has been a partner at Faegre and co-chair of the China practice covering FCPA and other matters there. Together we cover some of the most important and relevant topics, including how to continue conducting effective cross border investigations in view of ever evolving data privacy laws in China, and understanding to what extent the DOJ may or may not be amenable to potential limitations in terms of discovery. We also discussed what the latest Monaco memo means for executives and whether a "carrot" approach might be the way forward in assessing the effectiveness of a corporate compliance program. You won't want to miss this episode!

Kim Yapchai is an award winning, experienced, global, C-suite leader with a substantial track record of dealing successfully with complex issues in multi-national, public companies, including Ford, Whirlpool, Masco Corporation, and Tenneco. Hear her give the "secret sauce" to an effective speak up program.

From a "surgeon saving lives" (external counsel) to a "family doctor who knows everything there needs to know about each member of the family" (in-house lawyer), Di Yao, Head of Legal for Google Shanghai speaks to the China Business Law Podcast about his journey from an external counsel to an in-house lawyer. In this episode, Di talks about what prompted him to move from a law firm to an in-house role, how he adds value to a technology company and also what technology companies should be thinking about in terms of their strategy taking into account the evolving regulatory requirements. Many would say when one transitions from a law firm to an in-house role, it might be for work-life balance reasons. Not Di though - he made the switch because he wanted to change the world. And he did, by joining Google in China and becoming a gatekeeper with a difference, providing pragmatic advice and risk assessment in a fast paced technology industry. Di implored audiences to think about what makes a business successful in China and weave this into the strategy, whether or not this relates to intellectual property, data security as well as privacy. He also advocates taking a step back and truly understand the intention of legislature in developing a robust business strategy. In relation to intellectual property, Di also explained that it is no longer enough to think that a product offering delivered a couple of years ago will continue to be relevant, as continuous innovation and creativity are key drivers driving the domestic market and we all have to catch up. China also recognizes the importance of intellectual property protection, so proactive protection, instead of a defensive IP litigation strategy would be a more sustainable approach. “

Happy International Women’s Day! The theme for this year’s International Women’s Day is #Break The Bias. In this episode, guest host Kim speaks to Orianne Dutka, a former attorney who worked in private practice (FCPA investigations), government (education) and not for profit specializing in disability rights before finding her calling in creative writing, and is currently working on a novel as well as a screenplay! An accomplished violinist as well as an ultra-marathon runner, Orianne shared with CBLP her life changing experience in Beijing that enabled her to finally pursue what makes her heart sing. Orianne’s entire career path has been nothing short of extraordinary and she has been breaking biases along her journey. In addition, she also shared her personal story on how a supportive community in Huang Shan, Yellow Mountain in China broke the bias by supporting wheelchair users to climb the mountain; also how by constantly self-reflecting and not putting ourselves down we can stop perpetuating some of the biases that exist. We hope you enjoy this episode!

Doreen Jaeger-Soong, Managing Director at Hughes-Castell, one of Asia’s leading executive search firms, discusses the paths for lawyers and the choices they must make as they progress through their career in China. We cover both in-house and law firms, international firms and PRC firms, and the pros and cons of switching between the two. Doreen has been an authority on the legal market in China for over 30 years, and she shares those decades of wisdom using real life hypotheticals on what she would recommend for different lawyers at different stages in their careers. You won’t want to miss this episode.

In this two part interview, Boon Kim Fam talks with Kent Kedl and Tung Jung (TJ) Tan, Partners at Control Risks on have to identify and handle conflicts of interests among employees, vendors, and other business partners. Be prepared to listen to some fantastic stories on fraud and how its uncovered, especially using modern forensic accounting tools combined with years of experience of knowing where to look for problems. And on how services like this in the M&A context don’t usually kill deals but instead add value by creating better deals.

In this two part interview, Boon Kim Fam talks with Kent Kedl and Tung Jung (TJ) Tan, Partners at Control Risks on have to identify and handle conflicts of interests among employees, vendors, and other business partners. Be prepared to listen to some fantastic stories on fraud and how its uncovered, especially using modern forensic accounting tools combined with years of experience of knowing where to look for problems. And on how services like this in the M&A context don’t usually kill deals but instead add value by creating better deals.

In this two part interview, Art Dicker and guest host Iris Yuan talk with Mavis Tan and Jessica Pyman, Partners at Control Risks based in Hong Kong. On how to prepare for litigation including fit-to-sue analysis, securing evidence, use of experts, and finding pressure points that help lead to a favorable settlement. Mavis and Jessica explain how lawyers can work side-by-side with someone like Control Risks for a more comprehensive and often practical approach to building and implementing an effective litigation strategy.

In this two part interview, Art Dicker and guest host Iris Yuan talk with Mavis Tan and Jessica Pyman, Partners at Control Risks based in Hong Kong. On how to prepare for litigation including fit-to-sue analysis, securing evidence, use of experts, and finding pressure points that help lead to a favorable settlement. Mavis and Jessica explain how lawyers can work side-by-side with someone like Control Risks for a more comprehensive and often practical approach to building and implementing an effective litigation strategy.

Boon Kim Fam talks with Shirley Zhang, Global Compliance Director at Dover Fueling Solutions.  On running a global compliance program out of Shanghai for a multinational company.  On the challenges of “work-life integration” and time management during COVID-19.  And how Shirley and her team manage to stay on top of an ever increasing number of data privacy and other compliance regulations around the world.

No matter your position on Chinese companies being put on a blacklist by the US government, you have to admire the due process these companies still get in court when a rule is challenged. Enter Xiaomi, which recently won a federal lawsuit to get off the black list banning US investors to buy and sell its stock. We talk with Tim O'Toole, Partner at Miller & Chevalier Chartered, who himself has appeared numerous times before the judge in this Xiaomi case. On whether this ruling opens up the floodgates for other Chinese companies to follow suit and challenge their bans.

A joint episode with our sister show "Ganbei" with guest with Xiaohu Ma, Partner at Hui Zhong Law Firm and former partner at Morrison & Foerster. The Variable Interest Entity. Sounds like a boring term an accountant or lawyer might use. Well it is an accounting term, but it’s anything but boring when you know how its used in the real world. It’s the key to how all Chinese internet companies have been structured to go IPO outside of China for the last 20 years. Let’s just say it’s a bit of a clunky workaround to deal with restrictions on foreign investment in the internet space in China, and despite its clunkiness, it’s still going strong today. We’ll get into the notorious Alipay – Softbank – Yahoo story and others where the VIE was center stage in that drama. Check it out with our guest Ma Xiaohu, one of the leading early technology lawyers in China who along with a few others had to come up with all these wonderful structures 20 years ago to enable that first batch of Chinese internet IPOs to happen…

本期我们与复星集团法务部执行总经理Iris 袁佳丽、FMC亚太区知识产权事务负责人Leo 李灵川进行了Lawyers Unscripted. (Unscripted means free flowing conversation, not overly planned out in advanced.) 10' IP律师业务模块介绍 16' in-house工作的沟通方式 对比与在律所工作的思考方式 30' 时代背景下对职业转变赋予的自由空间 以及新兴行业的发展对于跨领域/跨界人才的需求 41' 客户对外部律师的真实需求 47' MBA对软实力的培养 51' 如何建立对客户的吸引力与信任感 59' 如何看待行业选择

我们访谈了Hughes - Castell的Sherry、Vicky, 以大中华区专业的法律猎头角度讨论律所的律师与企业的法务之间的市场情况。 2'25'' 目前法律市场的情况 7'07'' 律所的专业领域，提供Junior Lawyer相应的建议 23'40'' 企业的专业领域，以in house角度说明 32'01'' 从律所的律师到企业的in house角色转变 34'05'' GC发展情况 42'30'' 律所升合伙人的创收要求以及企业对于in house的要求

We look back at some of the timeless jewels of wisdom some of our guests gave last year. (1) how lawyers can better communicate with their clients and colleagues (2) how they can become an integrated part of their company's strategic functions, (3) how young students can best prepare for a legal career, (4) how a compliance culture can permeate a company's employee base (5) how to help clients face difficult choices when faced with findings of repeated employee misconduct (6) some of the built in advantages Chinese companies may have when confronting litigation abroad

We interview Amiad Kushner, chair of the litigation practice at Seiden Law Group, a boutique law firm based in New York that specializes in complex commercial litigation, often on behalf of clients based in Europe and Asia. Amiad has a special focus on representing Chinese clients in these matters. Foreign companies sue Chinese companies and often are in disbelief at how little documentation a Chinese company produces during the discovery process. And this may simply be because Chinese companies even on major strategic matters do not have a habit of documenting their decision-making processes. And how do Chinese companies choose their external counsel like Amiad for such complex litigation matters? While one might think Chinese companies make easy targets, we instead have a fascinating in-depth discussion on the technical and cultural challenges of foreign companies bringing suit against Chinese companies around the world.