China Esquire

Just got an email that Haas School of Business at UC Berkeley is hosting an event, sponsored by BERC and Global Initiatives called “Can China Go Green?”

Speaker is going to be Peggy Liu, the chairperson of JUCCCE, the Joint US-China Cooperation on Clean Energy.  (a non-profit accelerating the greening of China through international collaboration on impactful programs)

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Sitting in a conference at Cooley Godward Kronish right now talking about the Foreign Corrupt Practices Act (FCPA), and I couldn’t help but laugh to myself that this is rampant in China business and law.  (which is of course, what this blog is all about)

Anyways, I just wanted to highlight some of the red flags and avoidance mechanisms that the firm’s attorneys suggested.  Here is an ounce of prevention they suggest, and my thoughts too:

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Practicing Law Institute (PLI) is having a conference on International Arbitration and Mediation on March 24, 2009.  The live program takes places in New York City, NY, but with webcast available.  (and “groupcast” in Pittsburg and Philadelphia)

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Seems like this is a trend for everyone to do some sort of year in review of their top posts, and I think it useful to do so as well.  Here is the rundown of what I think were the best posts at China Esquire in 2008, in no particular order:

• What happens when copyright violations occur abroad?  3 part series talking about the reach of U.S. federal copyright law in litigation, including an analysis of Subafilms within the 9th Circuit.  Part 1, Part 2, Part 3.
• Fraud rule under the Chinese law of letters of credit.  A quick review of relevant points from an article in the International Lawyer.  Here.
• Human rights an issue in china… but what about the US?  Just a critical view at domestic human rights in the U.S. before we start throwing stones at China.  Here.
• More ways to help in the aftermath of the earthquake!  I got hundreds of hits per day on this because of the donation sources, and it was a big event in 2008, though traumatic indeed.  Here.
• Networking for law students 101.  For anyone who wants to network within the China bar, here are some good tips.  Here.
• What do American steroids have to do with business?  Everything.  An analysis of the culture of cheating, of course in China, but in general.  Here.
• Discovery in federal litigation and your Chinese clients.  How to walk through the ugly discovery process with your Chinese clients, and how to be stern with them and why.  Here.
• Intellectual property enforcement in “four Chinas”.  A summary of an article that discusses the need for a multi-faceted approach to IP protection in China depending on your geographical region.  Here.
• China = the dominant superpower by 2015?  My skeptic’s take on why this won’t actually happen.  Here.

Enjoy!

Not China-related per se, but I did think it an interesting resource for the future.  I received notice some time ago (actually in November now!) from the International Center for Non-Profit Law (ICNL) that there was a recent release of an issue of the International Journal for Non-profit Law (IJNL).  I figured that I wanted to alert my readership to this resource on international non-profit/NGO law, since there aren’t too many publications focused on such a narrow niche.

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Like everyone else, I saw the headlines from this article at CNN entitled “ Report: China targets Web sites with ‘porn’ content“:

China has released a blacklist of 19 major online portals and Web sites, including Google and Baidu, that it claims provide and spread pornographic or obscene content, state media reported.

“The government will continue to expose, punish or even shut down those infamous Web sites that refuse to correct their wrongdoing,” Cai Mingzhao, deputy director of the State Council Information Office, said Monday at a teleconference

Authorities accused the portals, including Sina, Sohu and Netease, and the Web sites of either providing links to pornographic sites or failing to take down pornographic pictures after being notified by the China Internet Illegal Information Reporting Center.

The center said Google in Chinese had provided “a large number of links to porn Web sites” in search results for web pages and images. The center said it notified Google, but the company did not take any effective steps, according to Xinhua.

Cui Jin, a spokeswoman for Google China, told Xinhua that Google did not spread such items intentionally.

“Google is neither the owner of those Web sites and porn nor does it spread (that) information intentionally,” she said.

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Just wanted to wish everyone a Happy New Year!  (Xin nian kuai le!)  May 2009 be one that is blessed and wonderful for all of you.  (especially for my regular readers!)

I also wanted to say thank you for those who voted for my blog in the China Blog Awards 2008.  While we didn’t win, we did make a respectable finish!  (6th place if I recall correctly)  Congratulations to the winners, especially to Experience Not Logic for being the top finishing China law blog–good job, Will!  (we came in 2nd place among the law focused blogs)

And here’s to hoping that readership at China Esquire Law and Business Blog will grow in the coming year.  I hope to become somewhat more active again, though I don’t think I can match the torrid pace of my prior blogging activity in 2008.

Best wishes to you and your family & friends in 2009!