The Situation: On December 29, 2023, the Standing Committee of the National People's Congress of the People's Republic of China ("PRC" or "China") promulgated the amended Company Law of the PRC ("New Company Law"). The New...more
The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently released two rules to update export controls on advanced semiconductors, semiconductor development and production, and items that support...more
The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more
8/22/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Comment Period ,
Executive Orders ,
Final Rules ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Popular ,
U.S. Treasury
China passed its new Data Security Law ("DSL") in June 2021 and its new Personal Information Protection Law ("PIPL") in August 2021. Both new laws impact every business operating in or doing business with China, coupling...more
2/3/2022
/ Acquisition Agreements ,
China ,
Corporate Sales Transactions ,
Data Processors ,
Data Security ,
Foreign Investment ,
Indemnity Agreements ,
International Data Transfers ,
Merger Agreements ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Private Equity ,
Private Equity Funds ,
Subsidiaries
The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more
6/30/2021
/ Biden Administration ,
China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Prohibited Transactions ,
Securities Transactions ,
Supply Chain
The Development: China's National People's Congress passed the Anti-foreign Sanctions Law (the "Anti-Sanctions Law") on June 10, 2021, which took effect immediately. The legislation was adopted by China in response to certain...more
On 30 December 2020, the EU and China concluded in principle the negotiations for a wide-ranging investment treaty, the Comprehensive Agreement on Investment ("CAI"), after seven years of discussions.
The CAI is expected...more
The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more
The novel coronavirus (COVID-19) outbreak, first identified in Wuhan, China, has spread beyond China's borders to dozens of countries, infecting tens of thousands of people and causing a mounting number of fatalities. In...more
3/9/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Force Majeure Clause ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Publicly-Traded Companies ,
Risk Management ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
The Situation: The new PRC Foreign Investment Law ("FIL"), as well as its Implementing Regulations ("Implementing Regulations"), took effect on January 1, 2020. In addition to the FIL and the Implementing Regulations, the...more
2/27/2020
/ China ,
Corporate Governance ,
Foreign Acquisitions ,
Foreign Investment ,
Intellectual Property Protection ,
International Tax Issues ,
Investors ,
Joint Venture ,
Mergers ,
National Security ,
New Legislation
The Situation: The Negative List is a list of industries for which foreign investment in China is either prohibited, or subject to greater scrutiny and restrictions.
The Development: Chinese authorities have issued a...more
A MESSAGE FROM LYLE GANSKE, WORLDWIDE M&A PRACTICE LEADER -
Early expectations for an outstanding year for M&A activity in 2017 (based on the very promising conditions in place at the end of 2016) were fulfilled in part,...more
1/25/2018
/ Acquisitions ,
China ,
Client Services ,
Contract Terms ,
Cross-Border Transactions ,
EU ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Investment Adviser ,
Merger Controls ,
Mergers ,
Popular ,
Real Estate Companies ,
Technology Sector
China's State Council recently issued a new notice ("New ODI Guidelines") as a follow-up to the overseas investment control policy that it announced in December 2016. The New ODI Guidelines provide further guidance regarding...more