China Business Law Podcast

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!

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.

The New Foreign Investment Law is effective as of January 1st. We interview Yvonne Cheng, partner at King & Wood Mallesons on the implications for foreign businesses operating in China.

1:05 - Basic principles of the law

3:40 - Implementing the law on the ground

10:30 - Sectors that could come off the "Negative List" in the future

15:15 - Impact of new corporate governance rules

19:17 - Some JVs being compelled to amend corporate governance

21:30 - Opportunities for VC funds to use more domestic structures

24:45 - The law and the future of VIE structures

We interview Jon Hicks, Employment Counsel at Netflix at its headquarters in Los Gatos, California. On how lawyers can effectively communicate with clients, including internal company clients when operating as an in-house attorney.

3:00 - The most common disputes with employees at companies.

4:00 - How Jon handles disagreements with colleagues/internal clients

5:45 - Does a legal training get in the way of good communication?

11:15 - Why you should never surprise someone with your decision

12:10 - Coaching managers to communicate well on terminations

13:45 - How to impart legal concepts using non-legal language

16:00 - Lawyers and non-verbal communication mishaps

19:20 - Avoiding the temptation to want to look smart with clients

21:10 - Talking about the law in terms of fairness not rules

22:30 - How company policies can hinder effective decision making

27:00 - Handling political correctness, bad jokes, etc within companies

We talk with Jason Chang, Of Counsel at DLA Piper, on what international companies should know about force majeure in the current situation.

3:00 - What is force majeure?

5:28 - Are force majeure clauses always in contracts and what’s standard?

8:48 - What if the contract is silent on this issue and how does governing law matter?

11:26 - Force majeure often doesn’t totally excuse the party to perform the contract

14.16 - Chinese trade association issuing force majeure certificates now, what value do these have?

17:50 - How should foreign companies be preparing now for Chinese companies potentially using a force majeure clause in their contracts?

Bonus questions:

23:55 - A lot of parents in China, expats, etc., sending their kids to private schools in China which can’t open. What can they do?

31:18 - What kind of personality do you need to have to handle sticky issues like force majeure cases and compliance issues generally as a lawyer?