The High Cost of “Free” Legal Advice: Why AI, Forums, and Blogs Aren’t Your Lawyer for International Business
Years ago, a Canadian company called me in a panic. Chinese authorities had just raided their office, shut down their manufacturing facility, and detained their general manager for questioning.
The reason? They had followed “legal advice” from
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Molds and Tooling in International Manufacturing: The 30 Essential FAQs
By Arlo Kipfer
Molds and Tooling in International Manufacturing: 30 Essential FAQs
On May 25, we published The Guide to Molds and Tooling in International Manufacturing, laying out just about everything we thought you need to know about molds, tooling, and the contracts that protect them—along with practical steps to secure your supply chain.
The response was…
U.S. Foreign Investment and the New CFIUS Rules
By Dan Harris
U.S. Foreign Direct Investment and the New CFIUS Rules
The Committee on Foreign Investment in the United States (CFIUS) is the front line of America’s national security defense in an era of volatile geopolitics. For many technology companies, understanding CFIUS is essential to raising capital, structuring deals, and ensuring long-term viability.
Established in 1975, CFIUS…
China vs. Vietnam for Manufacturing
By Dan Harris
China vs. Vietnam for Manufacturing
To say the global manufacturing landscape is in flux would be an understatement. What was once a relatively straightforward comparison of labor costs has evolved into a far more nuanced and strategic decision-making process. Geopolitical tensions, shifting trade and tariff regimes, technological disruption, environmental concerns, and changing consumer expectations have…
Trump’s Second Term Immigration Impacts: A Guide for Businesses
Business Immigration Impacts
On January 20, 2025, President Donald Trump began his second term with a staunch America-first agenda aimed at reshaping immigration policies and tightening border controls. These sweeping changes have far-reaching implications for businesses that rely on employment-based immigration.
Are you prepared for these changes?
In this post, I outline the steps businesses…
China 2025: Navigating Uncertainty and Capturing Opportunities
By Dan Harris
China 2025: Navigating Uncertainty and Capturing Opportunities
Since 2015, the business environment in and with China has grown increasingly risky and complex with each passing year. I am confident that 2025 will be the most challenging and unpredictable year yet—by a significant margin.
For businesses operating in or with China, this landscape is shaped by…
The TikTok Ban: Just Another Brick in the US-China Decoupling Wall
I have previously written on the TikTok Ban. Legislation passed by congress and signed into law by President Biden earlier in 2024 would require TikTok’s parent company ByteDance to sell TikTok to a US company or face an outright ban in the United States. ByteDance has until January 19, 2025, to sell the app before…
U.S. Department of Treasury Implements Final Rule on Investment in Sensitive Technologies in China
By Dan Harris
The U.S. Outbound Investment Final Rule: What It Means for American Business
Executive Summary
Executive Summary
- Effective Date: January 2, 2025
- Key Impact: Restricts U.S. investments in Chinese tech sectors
- Affected Industries: Semiconductors, quantum computing, AI
- Penalties: Up to $368,136 or 2x transaction value
- Required Action: New compliance programs by January 2025
On October 28, 2024, the
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There Is No Spoon: IP Licensing of NFTs, Decentralized Disney, and the SEC’s Jurisdiction Over “Investment Contracts”
No one can be told what the Matrix is.
Similarly vexing, if perhaps somewhat less adaptable to the big screen, is telling someone what an NFT is. It ends up being easier to start with what it is not.
An NFT is not cryptocurrency. Currency, crypto or otherwise, must be fungible. For any monetary…
Quick Question Tuesday, Part 11: What Do China’s Latest Negative List Changes Mean for My Business?
As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people ask us, along with our answers.…