Seyfarth Shaw LLP (LexBlog China)

中美贸易：敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies with military, surveillance, and cyber-enabled capabilities, deemed critical to US national security interests. Citing an “unusual and extraordinary threat” to the national security...

Seyfarth Shaw Hong Kong OfficeSuite 3701 & 3708-3710, 37/FEdinburgh Tower, The Landmark15 Queen’s Road CentralCentral, Hong Kong Wednesday, May 17, 20239:00am to 10:00am, with registration open and breakfast served from 8:30am Language: English Who should attend: HR Directors, Employment Counsel, General Counsel and business owners with responsibility for workforces in Hong Kong and Mainland...

By Patrick Muffo Seyfarth Synopsis: Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with Senator Chuck Schumer to...

Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with Senator Chuck Schumer to guide the statutory framework...

Seyfarth Hong Kong OfficeSuite 3701 & 3708-3710, 37FEdinburgh Tower, The Landmark15 Queen’s Road CentralCentral, Hong Kong Seyfarth Shanghai Office15th Floor, Tower 2Jing An Kerry Centre1539 Nanjing Road WestShanghai, China 200040 IN-PERSON Options May 10, 20232:45 p.m. to 3:00 p.m. (GMT+8) Registration3:00 p.m. to 4:00 p.m. (GMT+8) Program WEBINAR Option May 10, 20233:00 p.m. to 4:00...

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China. This January, six months after the Cyberspace Administration of China (“CAC”) released the Measures on Security Assessment of Outbound Data Transfers (“Measures”), the Beijing.

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China. This January, six months after the Cyberspace Administration of China (“CAC”) released the Measures on Security Assessment of Outbound Data Transfers (“Measures”), the Beijing.

Introduction On 17 February 2023, the China Securities Regulatory Commission (“CSRC“) announced the “Trial Measures for the Administration of Overseas Issuance and Listing of Securities by Domestic Enterprises” (《境内企业境外发行证券和上市管理试行办法》) (the “Trial Measures“) with five supporting guidelines (the “Guidelines“). The effective date of the Trial Measures and the Guidelines are 31 March 2023. With such...

One of the key challenges in the course of an international arbitration with a Mainland China based counterparty is the enforcement of interim measures granted by the tribunal. As a general rule, a Mainland court will not grant any interim relief or provide any assistance to parties to an arbitration outside of Mainland China. This...

One of the key challenges in the course of an international arbitration with a Mainland China based counterparty is the enforcement of interim measures granted by the tribunal. As a general rule, a Mainland court will not grant any interim relief or provide any assistance to parties to an arbitration outside of Mainland China. This...

The regulatory landscape in China around data protection and flows continues to develop. Since the 2017 Cybersecurity Law, China has been refining the legal and regulatory framework for data protection—it has implemented new laws and regulations that set comprehensive rules for data processing activities across all industries in China and cover the rules regarding cross-border...

On October 29, 2021, the Cyberspace Administration of China (“CAC“) published the “Draft Measures on Security Assessment of Cross-Border Data Transfer” (“Draft Measures“) for public comment, which outlines the requirements for security assessments on cross-border data transfers. The CAC had released previous draft measures specifying the “Security Assessment” requirements and procedures...

Introduction On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment for its second draft released on April 29,...

Introduction On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment for its second draft released on April 29,...

On April 29, 2021, the national legislator in China released the second draft of the Personal Information Protection Law (“PIPL”) to collect public comments until May 28, 2021. The updated draft substantially follows the framework of the first draft, which marks China’s comprehensive system for the protection of personal information, sets forth general rules for...

In China Agritech, Inc. v. Resh, the Supreme Court recently held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive class actions and will increase certainty for defendants sued in class actions. Background The Supreme Court had previously held that the timely...

By Christopher M. Cascino and Gerald L. Maatman, Jr. Seyfarth Synopsis: At the start of this week, the U.S. Supreme Court issued its long-awaited decision in China Agritech, Inc. v. Resh, No. 17-432 (U.S. June 11, 2018), which has important implications for employers because it will limit their exposure to successive class actions.  Specifically, the...

By Gerald L. Maatman, Jr. Seyfarth Synopsis: On Monday, March 26, the U.S. Supreme Court focused on two notable class action issues, each with the potential to significantly impact workplace litigation.  In today’s video vlog, Partner Jerry Maatman of Seyfarth Shaw breaks down the importance of class action tolling issues and the concept of “cy pres”...

By Esther Slater McDonald, Seth J. Fortin, Wan Li, Rhea Yu, and Craig B. Simonsen Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls out – if it hasn’t already. In June 2014...

By Wan Li Seyfarth Synopsis: A new Work Permit Policy (Policy) is being implemented in China.  The Policy had been initially implemented, from October 2016 to March 2017, through a pilot program in a number of regions including Shanghai, Beijing, Tianjin, and Shenzhen.  Nationwide implementation of the Policy commenced on April 1, 2017. Policy Features  The...

Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese entity, the technology provider failed to deliver the unit in a “timeframe that was agreed.” The West Mountain Environmental Corp. (WMT) had...

Cross Posted from Carpe Datum Law. China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation.  It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access, data retention, breach notification, mobile privacy, online fraud and protection of minors. There is plenty in...

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation.  It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access, data retention, breach notification, mobile privacy, online fraud and protection of minors. There is plenty in the new law to irritate international...

By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors. We have...

By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors. We have...

The U.S. Financial Crimes Enforcement Network (FinCEN) and the China Anti-Money Laundering Monitoring and Analysis Center (CAMLMAC) recently signed a Memorandum of Understanding (MOU) to create a “framework to facilitate expanded U.S.-China collaboration, communication, and cooperation” between each agency’s financial intelligence units (FIUs). News Release (December 11, 2015). In announcing the...

By Wan Li, Andrew H. Perellis, and Craig B. Simonsen In the last twelve months the Ministry of Environmental Protection (MEP) in the People’s Republic of China (PRC) has been remarkably vocal about environmental law, monitoring, and fraud, especially under the new environmental law and supplemental measures. For instance, the MEP announced on June 16,...

By Wan Li, Brent I. Clark, and Craig B. Simonsen According to Cai Renjun, an official from the People’s Republic of China, Legislative Affairs Commission, of the National People’s Congress Standing Committee, “about 70,000 people died in work safety cases last year, [with] about 60,000 of them in road accidents.” Policy Watch, China Daily (August...

By Wan Li and Craig B. Simonsen The State Council recently announced new Guidelines for pilot programs for trading emissions permits to reduce air and water pollution. Key pollutants to be traded under the pilot programs include sulfur dioxide and nitrogen oxide in the air, and chemical oxygen demand and ammonia nitrogen in wastewater. Speaking...

Renewed focus on collective agreements An increase in strikes in China, including recent campaigns at a number of international businesses has given new impetus to previous efforts to put in place a collective bargaining regime. Earlier this year, the Ministry of Human Resources and Social Security released a notice that, by the end of 2015,...