China Business Law Podcast

We talk again with Kenny Tung, long-time China-based General Counsel in the region at companies such as PepsiCo, Goodyear, Honeywell, and Kodak. A deeper dive into how the legal industry is changing and what young lawyers should consider when deciding to go in-house.

1:58 – How has the legal industry changed in the last few years?

8:38 – How “biglaw” came about and how it is hit now in a recession.

11:30 – Clients questioning what they’re paying for from firms and how firms will adapt?

15:56 – How is this affecting people’s decision to go in-house?

21:00 – Law firms integrating into clients and self-disciplining on fees and work scopes.

24:20 – How are in-house counsel expanding their roles within companies?

32:35 – Are in-house lawyers making themselves obsolete by automating process and increasing efficiencies?

40:50 – How people and cultural skills are more important than ever for lawyers especially in-house.

45:20 – How in-house lawyers can drive the decision-making process in a big company.

51:42 – A call to making change in your legal department and its role in the company.

Amcham's Kate Magill and I host Jeffrey Wilson, counsel at Junhe on commonly asked questions on key employment law issues that have arisen for foreigners in China. Including if a company can force you to be tested or quarantined and if a company can fire you if you're stuck outside the country.

We talk with a founder, and two investors/mentors about the role different stakeholders play in a company's early stages.

A startup has numerous "stakeholders" - investors, advisors and mentors, employees, customers, media, and the government. We lay out what makes good stakeholders, how they work together, and how there can be potential for conflict.

Our panel discussion includes:

-Barbara Ex is the founder of Whitespace

-Julian Mintzis is a startup investor and CEO of Panda Eagle Group

-Helen Han is a startup investor and mentor at Chinaccelerator

-Art Dicker is a lawyer and founder of the China Business Law Podcast.

This week our show is hosted by Agnes Wang, a lawyer in China and co-creator at the show.

We talk with Boon Kim Fam, Senior Legal Counsel, Compliance, Asia Pacific at PVH Corp. (parent company of Calvin Klein and Tommy Hilfiger).

2:10 How prior government experience helped Kim in her compliance role today.

3:13 What kind of compliance issues are unique to a retail business?

4:26 Is the scope of a typical compliance role becoming broader now to cover things like data privacy?

8:20 How do you get your message across in training the business teams?

12:04 How do you do trainings for 3rd party business partners such as vendors and distributors?

13:18 Any differences between working with the business teams in China and in other parts of Asia Pacific?

16:38 How to get the senior management to help drive and support the compliance program?

21:21 How about empowering middle management who are often the first to encounter problems?

23:40 Making your presence felt in the region when the compliance team sits in the regional headquarters.

26:38 Is face time still important in a compliance program with the prolific use of video conferencing now?

28:20 Business is getting done despite a dramatic reduction in travel and entertainment with clients because of COVID-19. Will this lead to a permanent reduction in compliance risk to the company?

29:05 What do you see as changing trends for compliance in Asia Pacific?

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