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"The truth is rarely pure and never simple"

-Oscar Wilde

More laws needed for Internet regulation

  The Internet in China needs to be administered by additoinal laws because what was once a virtual world is now a substantial part of the real one, a senior official has said.

  "The government should make efforts to strengthen the legislation of the Internet so it can be regulated effectively," Cai Mingzhao, vice-minister of the State Council Information Office, said at the UK-China Internet Roundtable meeting yesterday.

  The Chinese government has already set up a basic legal framework that regulates Internet information, tackles cyber crime and protects network security.

  Cai said the State must continually develop legislation to deal with new Internet-related issues as they arise, so the Internet can be managed.

  There are now 338 million Internet users in China - more than a quarter of the population. Some 181 million write blogs and the Internet is increasingly being seen as a "new channel" for public opinion. Bloggers have played an important role in busting corrupt officials and reporting incidents, such as the Urumqi riot.

  But the challenge of managing blogs and bloggers has become an important issue for the government, said Liu Zhengrong, deputy director of the Internet affairs bureau of the State Council.

  "Bloggers are prohibited from leaving 'harmful' or 'unhealthy' comments on the Internet, in order to protect the general public," Liu said. "Website administrators have responsibility to monitor and control the contents that are posted on their websites by bloggers."

"Harmful" and "unhealthy" information includes the spreading of rumors, slander, porn, gambling, violence, details of murder and terror and the instigating of crime.

Original source: China Daily
Source: LawInfoChina
http://www.lawinfochina.com/News/News_Detail.asp?Id=7574
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China Culture 0 Comment July 29, 2009, 9:02 am

MANAGER KILLED IN PLANT RIOT

(China Daily)

Updated: 2009-07-27 09:47

An executive was beaten to death on Friday as 3,000 steel workers threatened with job cuts protested following the takeover of their company in Tonghua, Jilin province.

Jianlong Steel Holding Company representative Chen Guojun was killed at a facility run by Tonghua Iron and Steel Group, in northeast China's old industrial heartland.

The brawl broke out after Tonghua workers were told to expect job losses during a meeting with a delegation from Jianlong Steel, a privately owned firm based in Beijing.

It was the second time Jianlong had launched a takeover bid for the State giant and many feared the company planned to drain State assets before following up with cost-cutting measures, including redundancies.

"Employees (many of whom are shareholders) are close to enjoying financial gains as the price of steel continues to rise," said a police officer that identified herself only as Wang.

"Then, Chen disillusioned workers and provoked them by saying most of them would be laid off in three days.

"Chen, saying that a total number of 30,000 employees would be cut to 5,000, infuriated the crowd."

The angry steel workers beat Chen and then blocked ambulances, police and government officers from reaching him. He is believed to have died in the midst of the steel workers at 8 pm Friday.

"Chen, the manager, did not deserve to be killed. Unfortunately, he was targeted after unleashing the anger of the furious crowd," said Wang.

The demonstration led to a halt in production at all of the seven blast furnaces belonging to the steel manufacturer, which has a yearly throughput of about seven million tons.

Jianlong held 49 percent of shares in Tonghua between 2005 and the start of 2009, and restructured the company.

Last year, the joint venture experienced significant economic losses due to the global financial crisis, leading to a drop in production and cuts in salaries, causing discontent among workers.

One netizen said the murder at the end of last year of Song Kai, the head of a Tonghua-affiliated steel mill, allegedly at the hands of a 28-year-old worker, was another example of the friction between management and workers in the joint venture.

Jianlong left the partnership in March and workers reportedly celebrated with fireworks.

This month, Tonghua State-owned Assets Supervision and Administration Commission reported that the company, which "went through some very tough challenges in past 10 years", had made a profit of 42.7 million yuan ($6.2 million) in June.

But on July 22, workers learned that Jianlong had secured more than 50 percent of the company's shares, giving it full control.

Local government representatives announced on Friday night that the deal would now be shelved permanently and the crowd dispersed.

Jianlong and Tonghua are respectively ranked 158th and 244th in the top 500 Chinese companies.

Source: China Daily
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China Culture 0 Comment July 28, 2009, 2:40 pm

China venture capital market vigorous in Q2

China's venture capital market saw vigorous fund raising and investments in the second quarter, said Monday's China Daily, citing a new report from the market researcher Zero2IPO Group.

According to the report, 17 funds were established in the second quarter, among which newly raised funds available for investment in China's mainland totaled 1.37 billion U.S. dollars.

The number of new funds increased by seven from the previous quarter, and newly added capital increased by 53.8 percent.

Zero2IP Group CEO Gavin Ni said the country's robust economic recovery, pending initial public offerings (IPOs) and new rules for listing on the Growth Enterprise Board (GEB) have attracted the positive attention of investment institutions at home and abroad.

In the second quarter, 99 Chinese enterprises attracted venture capital investments, including 77 that reported investments totaling 567.89 million U.S. dollars.

The Zero2IPO report showed that both the number and amount of investment deals rose quarter-on-quarter. The number of deals increased by 46, or 86.8 percent. The amount involved increased from 319.68 million U.S. dollars in the previous quarter to 567.89 million U.S. dollars.

Five private equity (PE) funds available for investment in China completed fund raising totaling 1.82 billion U.S. dollars -- a three-fold increase from the first quarter.

A total of 13 cross-border merger and acquisition (M&A) deals were completed in the second quarter, and 10 of them disclosed a total of 4.31 billion U.S. dollars.

Compared with the same period last year, the number of cross-border M&A deals fell 40.9 percent, but the total M&A value jumped 178.5 percent.


Source: china view

http://news.xinhuanet.com/english/2009-07/27/content_11779243.htm...

China News 0 Comment July 27, 2009, 5:59 pm

Edward Lehman invited to attend Silver Summit

Published: July 8th, 2009

BEIJING C While Edward Lehman, Managing Director of leading red circle law firm Lehman, Lee & Xu is no stranger to providing counsel to diplomatic missions and financial institutions, Lehman is also widely recognized as an expert in the field of mining law. ^The mining sector in China has developed later than developed countries and the authorities have had to develop laws in a very short time ̄, states Ed Lehman, Managing Director of the firm, ^as one of the longest established law firms we have been at the forefront of legal developments in the field, giving us a unique perspective in this area. Similarly our Mongolia office is the leading firm regarding mining and resource law in that jurisdiction ̄ .

Lehman, the longest serving (and only foreign) Managing Director of any law firm in China, has long had an interest in the area and was recently appointed to the board of directors of the Shoshone mining corporation, based in Coeur d¨Alene, Idaho. ^I¨ve had a passion for the field for a long time due to its relevance to the economy and its fascinating history. To be appointed as a board member was truly an honor ̄. Lehman¨s passion for the mining sector has led to him being called upon by the business community in China to assist with mining related matters. ^I¨m always happy to help out in any way I can. My door is always open ̄.

The Silver Summit is the pinnacle event in the silver mining calendar, bringing experts from the field globally each year for to discuss the development of the global silver mining industry.

The two day conference organized by the Pan American Silver Corporation is being held in Spokane Washington, a mining centre known for its proximity to some of North America¨s largest silver mines. The summit brings together some of the most prominent names in the field including Ross Beatty, Earl Bennett, David Bond and Jeffrey Christian. ^You literally have the global silver mining industry¨s key people at this event ̄ relays Lehman. ^Bringing these names toghther with some of the leading players in the field commercially such as Bear Creek,Endeavor and First Majestic you really have an unmissable event ̄.

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China Culture 0 Comment July 23, 2009, 5:34 pm

China's largest free trade zone operator to inject realty assets to listed arm

Shanghai Waigaoqiao Group, China's largest free trade zone operator owned by the Shanghai municipal government, will inject its remaining real estate assets into its publicly traded unit, the Shanghai Waigaoqiao Free Trade Zone Development Co, reported Wednesday's China Daily.

The move follows the restructuring in June 2008 when the Shanghai-listed unit acquired a string of assets, including properties and logistics services, for 4.47 billion yuan (638.6 million U.S. dollars) from three other group affiliates in a shareswap.

These assets constituted a major share of Waigaoqiao Group's core businesses and accounted for 82 percent of the company's total income.

The latest asset transfer is seen to be in line with the local government's urge to reform the State-owned enterprises through assets injection and equity acquisition, said the newspaper, citing an unnamed senior manager of the group.

The restructuring anticipation has raised the share price of Waigaoqiao Free Trade Zone by more than 14 percent in the past three months to close at 16.12 yuan on Tuesday.

Source: Xin Hua News
http://news.xinhuanet.com/english/2009-07/22/content_11750616.htm
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China News 0 Comment July 23, 2009, 9:18 am

Eion Murdock Interviewed by CCTV 9 to Talk on the Relationship Between Federal Government and the State Governments of the United States

On July 14, 2009, Eion Murdock, Foreign Legal Counselor of Lehman, Lee & Xu Was Interviewed on the telephone by CCTV 9 to talk on the relationship between the Federal Government and the State Governments of the United States in the CCTV Dialogue program entitled "Ethnic Autonomy and economic prosperity".

Mr. Murdock gave a brief introduction on how the Federal Government of the United States and the 50 state governments deal with issues that occur between the federal government and the various states.

The program, which aired on July 14, focused on several issues relating to the recent unrest in the Xinjiang region of western China.

http://www.cctv.com/program/e_dialogue/20090714/109145.shtml...

China Culture 0 Comment July 21, 2009, 11:40 am

Banking regulator should regulate credit cards

A blanket ban that the China Banking Regulatory Commission announced on issuing credit cards to students under the age of 18 does not mount to an adequate response to the rising default risks in the credit card market.

Improved regulation of the credit card market requires China's banking regulator to press commercial lenders to carefully assess creditworthiness before issuing cards while encouraging innovations to improve consumers' advantages.

The number of credit cards in China has almost tripled in the last three years to 150 million by the end of March this year because of both aggressive promotion and more adaptation to credit consumption.

As the credit card business becomes an increasingly important source of revenue, domestic banks vie with one another to issue as many cards as possible. Some even made the number of new cards a measure of performance.

It was under such circumstances that domestic banks began to offer credit cards to students though most of them do not have a steady income.

A recent report by the People's Bank of China found that credit card debt, which is at least six months overdue, surged 133.1 percent in the first quarter from a year early to 4.97 billion yuan.

That sum looks tiny compared with new loans worth trillions of yuan that Chinese banks have lent so far this year. And, it has seemingly not even made a dent on the balance sheet of banks. By the end of June, commercial banks in the country have managed to cut down the total of non-performing loans by 42.2 billion yuan from the beginning of this year.

Nevertheless, commercial lenders still cannot afford to ignore the potential risk of overdue credit card debt. The explosive expansion of the market can lead to an upsurge in defaults that will hurt both banks and consumers in the absence of due diligence before the cards are issued.

The successful operation of student credit cards in other countries indicates that the business does not have to be a bad one. To a certain extent, it is just a financial invention that offers both benefits and risks. And, if properly administered, it adds to both consumers' welfare and banks' profits.

Denying credit cards to all students under the age of 18 regardless of their varying financial condition will spare banks the trouble of identifying the creditworthy but entail loss of revenue.

If the credit card market is to be further explored, the banking regulator should focus on correcting the skewed incentives commercial lenders adopt for expanding such business.

Besides, concrete efforts are also needed to safeguard consumers against complex financial products (which are open to abuse), that people cannot understand easily and use properly.


Original source: China Daily
Source: Xinhua Net
http://news.xinhuanet.com/english/2009-07/20/content_11736601.htm...

China Business 0 Comment July 21, 2009, 11:39 am

TRADE FRICTIONS MOUNT BETWEEN US AND CHINA

By Jiang Wei (China Daily)

On June 23, the Obama administration filed a complaint with the World Trade Organization (WTO) against China, alleging that China is restricting the exports of nine raw materials important to US manufacturing.

It is the just one example of new trade frictions developing between China and the United States.

The US Department of Commerce on June 26 opened a probe into whether China has dumped or subsidized wire decking sold in the US market.

The probe followed the initiation of similar investigations into wire strand and steel grating products earlier in June.

Experts said rising trade protectionism tends to accompany economic recessions.

Following the three US anti-dumping and countervailing investigations into imports of Chinese steel products in June, China's Ministry of Commerce posted a strongly worded statement on its website expressing its concerns about what it believes is protectionism.

"China is shocked at the frequency of the cases and the strength of the targeting. Chinese industry is extremely dissatisfied and the government deeply concerned," the Ministry of Commerce statement read.

"These actions are sending the wrong signals about trade protectionism within the United States to the international community," the statement read.

US authorities have said the goal is simply to protect the rights of domestic industries.

In another development, China last month rejected US and European charges that its restrictions on raw materials exports violate international trade rules, saying that its policies were in keeping with WTO regulations.

The European Union and the United States said they were taking a complaint to the World Trade Organization over China's export curbs on some industrial raw materials used in steel, cars, microchips, planes and other products.

By arguing that the export taxes and quotas keep a lid on Chinese firms' costs, the WTO complaint takes the view that they are essentially a subsidy and distort competition for chemical, steel and non-ferrous metal producers outside China.

"The main objective of China's relevant export policies is to protect the environment and natural resources. China believes the policies in question are in keeping with WTO rules," the Ministry of Commerce press office said in a mildly-worded response.

Despite such frictions, Sino-US trade still represents one of the world's more important trade relationships.

In the first half of this year, the United States remained China's second-largest trade partner, with bilateral trade volume totaling $132.09 billion -- down 16.6 percent from a year ago.

During the same period, China's trade with major trade partners saw a bigger decline, including a 20.9 percent drop in trade with the European Union, a 23.1 percent decline with Japan and 23.8 percent fall with the Association of Southeast Asian Nations.

The trade imbalance between the United States and China is not sustainable, and the two countries have a joint responsibility to reduce greenhouse gas emissions, US Commerce Secretary Gary Locke said last Wednesday in Beijing.

"There do exist some issues in our bilateral trade relations, including cooperation on high-tech products," Chinese commerce ministry spokesman Yao Jian told a press conference last Wednesday in Beijing.

China's big surplus in its trade with the United States has become a global concern, he said.

"Of course, it's a separate issue as to how to interpret the trade surplus. In a globalized world today, trade surplus does not necessarily mean trade benefits," Yao said, pointing out that China mainly exports labor-intensive products.

Assistant Minister of Commerce Wang Chao said "Made in China" products have become more important to US consumers, adding that the massive Chinese market also is translating into more profits for US enterprises.

He cited a report from the US Chamber of Commerce on the business environment in China.

That report stated that 74 percent of US enterprises investing in China are making a profit in China, and that 91 percent of those businesses plan to expand in China.

"US trade and investment in China also helps China upgrade its industries," Wang said.

He estimated bilateral trade between the two countries will exceed $500 billion in the next five years, and that relations will be more in balance within that time period.

As for trade frictions, Wang said China is not pursuing a trade surplus and is not taking measures to increase imports from the United States.

Wang did call on the United States to remove restrictions on exports to China to narrow the trade gap between the two countries.

Zhang Lijuan, a professor at the School of Economics at Shandong University, said trade relations likely will be a major topic during the first round of the Sino-US Strategic and Economic Dialogue scheduled later this month in Washington, DC.

"Free trade is no longer a keynote for the Obama administration, and instead, 'Buy American' is a focus of US stimulus bills," Zhang said.

"The 'free but fair' trade policy initiative can be interpreted as a new type of trade protectionism," she said.

Zhang said China has urged the United States to lift its ban on technology exports to partially offset its trade deficit with China, although the US-China trade imbalance won't be at the top of the agenda.

Inevitably, trade promotion and expansion will drive the direction of bilateral trade talks, she said.

Zhang said trade-related issues likely will be discussed at greater length at the fall meeting of the high-level Joint Commission on Commerce and Trade (JCCT).

"The two sides will exchange views on trade policies and attempt to intensify cooperation on global economic and financial issues," Zhang said.

"Trade-related issues such as intellectual property rights and standards on the environment, labor, and product safety will be addressed at both meetings," she said.

Source: China Daily
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China News 0 Comment July 20, 2009, 4:34 pm

ECONOMY HAS TURNED A CORNER, ANALYSTS SAY

Jane Cai in Beijing
Jul 17, 2009

The mainland's economic recovery is real and the stimulus has taken effect, economists said yesterday after it reported growth of 7.9 per cent in the second quarter, bringing Beijing's 8 per cent goal for the full year in sight.
The growth in output was sharply higher than the 6.1 per cent in the first three months of the year, and raised first-half growth to 7.1 per cent. Still, officials cautioned the recovery was uneven, benefiting mostly big state-owned enterprises (SOEs) rather than the private sector.

Analysts agreed the 4 trillion yuan (HK$4.54 trillion) stimulus package was largely responsible for the pickup in GDP growth. Several raised their projections for full-year growth.

"Recovery is quite real now, not just green shoots," said Lu Ting, an economist with Merrill Lynch.

UBS economist Wang Tao said: "The GDP will send a reassuring signal to the authorities that their economic stimulus has taken effect."

Despite the strong performance, Li Xiaochao , spokesman for the National Statistics Bureau, said there were uncertainties. "The foundation of recovery is still unstable and unbalanced as far as different enterprises, regions and groups of people are concerned."

Beijinger Cui Jinhua, 26, can attest to the difficulties. He was hired last month after seeking a job related to his training in computer science for almost a year. "It was so hard to find a job," he said. "I think I should be grateful to earn a living selling floorboards for 2,000 yuan a month and free lodging."

Economists have said the private sector - with small and medium-sized enterprises the main players and crucial for employment - has been left further behind.

SOEs have soaked up much of the funds, as well as a record-high 7.37 trillion yuan in bank loans extended in the first half. These have sent fixed-asset investment soaring, and funds flooding into railways, roads and property. Urban fixed-asset investment grew 33.6 per cent year on year in the first half, the most in five years.

Industrial output rose a better-than-expected 10.7 per cent last month from a year earlier, as this investment and retail sales more than offset a 21.4 per cent year-on-year fall in exports; retail sales grew 15 per cent from a year earlier. As evidence of that, the China Internet Network Information Centre yesterday reported 38 million more people are surfing the Web using mobile phones than six months earlier. And computer maker Lenovo (SEHK: 0992, announcements, news) 's sales grew in the second quarter after six months of decline.

The world economy is still trailing China's but the 30-nation Organisation for Economic Co-operation and Development has raised its forecast for member economies for the first time in two years, citing China's growth. Still, some question whether China's momentum can be sustained and real demand can support continued strong growth. Prices dipped more than expected last month.

"China should pay attention to the sustainability of economic growth," said Zuo Xiaolei, of Beijing-based Galaxy Securities. "The effect of the stimulus may not last for long."

Source: South China Morning Post...

China News 0 Comment July 17, 2009, 1:59 pm

Judge Faces Punishment for Handcuffing Attorney

Senior officials in Yuxi intermediate court of southwest China's Yunan Province vowed on Sunday to punish a judge in Chengjiang county of Yuxi city who handcuffed an attorney to basketball stands in the burning sun for 40 minutes for his refusing to sign a court record that failed to completely record what the attorney had testified in court.

During a civil trial in Chengjiang county court on Friday, attorney He voiced an opinion on a legal procedure that differed from that of judge Hong, according to a report by Beijing Times.

After the trial, attorney He refused to sign his name on the court record because it did not include his key opinion on the legal procedure, and he believed he had a right to refuse to sign it.

But the judge, angry over He's refusal to sign the document, asked the court police to detain the lawyer, although He told him that the detention order had to be approved by the court's chief judge, according to Chinese law. But the court police handcuffed He under a nearby basketball stand for 40 minutes in line with Hong's order until the court chief judge came to release him and apologized.

On Sunday, the Yuxi intermediate court, the superior court of Chengjiang county court, issued a statement after its investigation that the judge had done wrong and that it would deal with him sternly.

He posted a letter of accusation on the Internet on Sunday night and decided to send it to the provincial procuratorates on Monday.

In the letter, He said that without the chief judge's permission, Hong had wrongfully detained him under the basketball stands in the burning sun for 40 minutes and Hong also deleted the file in his cell phone. He said he believed Hong's actions infringed upon his legal rights. He said according to Chinese criminal law, Hong should be charged with unlawful detention.

Source CRIENGLISH.com
2009-07-13
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China Law 0 Comment July 16, 2009, 9:27 am

Lehman Lee & Xu presents to students

BEIJING C Attorneys and summer associates from Lehman Lee & Xu presented a variety of topics today to students from the CBL International China Business School. The students at CBL - coming from Germany, the Netherlands, Switzerland, the United Kingdom, the United States, Singapore, and Australia - have been in China for a few weeks now learning about issues arising when doing business in China.

Andrew Lillis, Foreign Legal Counselor at Lehman Lee & Xu, introduced the students to the firm before opening the floor to the firm¨s summer associates. Each summer associate gave a short presentation on a legal topic they have found interesting while working in Beijing this summer. Jackson Moller discussed the role of arbitration in resolving international commercial disputes. This was followed by a lecture on the structural legal challenges for China¨s WTO compliance presented by Robert Hart, and another lecture on the WTO and protectionism in China by Eric Langland. Sam Engutsamy discussed trademark law in China, and Richard Fleming talked about China¨s criminal law and procedure. To close the session, Andrew Lillis addressed some of the legal issues involved when doing business in China.

Although not able to attend the meeting with CBL while out of town on business, Edward Lehman, managing director of Lehman Lee & Xu, relays this message via email: ^I have always viewed CBL as an innovative program in China, allowing international students to hear from practicing attorneys about the practical aspects of doing business in China. There is only so much that can be learned in the classroom. ̄ Lehman continues, ^I look forward to meeting next years CBL class when they visit Lehman Lee & Xu. ̄

Lehman Lee & Xu, one of China¨s largest law firms, is a leader in the field of corporate law and also specializes in intellectual property. If you have any questions about this presentation, or would like Lehman Lee & Xu to present to your school, please email mail@lehmanlaw.com and we will be sure to get back to you right away.
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China News 0 Comment July 15, 2009, 5:03 pm

Warmest Welcome to New Interns from CUPL-BJ office

Dear all,

We are pleased to announce that we have six Chinese interns from China University of Political Science and Law (CUPL) to place their internship in our firm since today.

Mr. Wang Yu (藍嚴)

http://blawg.lehmanlaw.com/english//uploadfiles/wang yu_86467.jpg


Ms. Li Wanwan (川淀淀)

http://blawg.lehmanlaw.com/english//uploadfiles/li wanwan_24172.jpg


Ms. Yu Yaqi (噤囘范)

http://blawg.lehmanlaw.com/english//uploadfiles/yu yaqi_45875.jpg


Ms. Luo Lili (袋栓栓)

http://blawg.lehmanlaw.com/english//uploadfiles/luo lili_84457.jpg


Ms. Wang Shiyuan(藍弊坩)

http://blawg.lehmanlaw.com/english//uploadfiles/wang shiyuan_35076.jpg


Ms. Wen Xin (梁椣)

http://blawg.lehmanlaw.com/english//uploadfiles/wen xin_69013.jpg


Please join us to welcome them....

China Blawg (en) 0 Comment July 15, 2009, 12:20 pm

Lehman, Lee & Xu comments on Beijing¨s Clean-tech Conference

Published: July 14th, 2009

BEIJING C Experts from a wide range of industries gathered together at the China Cleantech Business Forum conference held at the Shangri-La Hotel in Beijing on July 8th, 2009. Lehman, Lee & Xu¨s managing director Edward Lehman, head of the Energy & Resources practice at the firm, was satisfied with the results of the conference. He commented that ^the fast-growing clean energy and clean technology industry brings in new challenges and opportunities for businesses and law firms. It is our goal to stay ahead of the curve and we believe that networking with the key players is the best way to achieve this end ̄.

Events seem to be moving in China faster than in any other country in relation to the development of green-tech and new and renewable energy. ^At least there is a strong commitment C comments Edward Lehman C and at the very least there is noticeable movement. Authorities¨ representatives, investors, and other players are working together, engaging in discussion, and building new opportunities. It doesn¨t really matter now how strong the legal framework is, and the degree to which the laws will be enforced. What really matters is that there is a will to progress ̄.

Moreover, an amazing feature of the clean-tech conference was the participation not only of experts and businesses from the clean-tech industry, but also of people not related to the clean-tech field, attending simply for personal interest and curiosity. This is a sign that clean-tech may switch from mere business to a way of living, a green-trend. And the creation of such awareness is fundamental to feed a major change for China toward a sustainable economic growth....

China News 0 Comment July 14, 2009, 5:50 pm

Legal Pioneer Edward Lehman named as regional president of Global Advertising Lawyers Alliance- Asia-Pacific

Published: July 6th, 2009

SHANGHAI C Ed Lehman, Managing Director of leading red circle law firm Lehman, Lee & Xu, has been named as the President of the Asia-Pacific grouping of the Global Advertising Lawyer Alliance.

Lehman,a long time China resident and preeminent expert on Chinese intellectual property and media/advertising law, has played a leading role in the Global Advertising Lawyer¨s Alliance since its inception and is regularly called upon to comment on developments in Chinese advertising law by members of the organization. ^Its an exciting time to assume this role ̄, relays Lehman. ^There are a number of new developments throughout the region in a number of countries, from Australia to China and the downturn is providing opportunities for a lot of smaller players in the field. ̄

The Global Advertising Lawyer¨s Alliance was founded to provide a network of the leading independent law firms in the industry. A main goal of the organization is to improve cooperation amongst firms from different regions as the industry becomes increasingly globalized. ^Client often ask about our relationships with other law firms ̄, relays Ed. ^Its always reassuring for our clients to know that they are not only getting our own expertise but additionally are getting the expertise of 57 law firms throughout six continents ̄.

Lehman¨s journey to where he is today was a long one. ^I first came to China in 1987 and stayed after the turmoil that defined 1989. ̄ Relays Ed. ^The domestic advertising industry was still in an embryonic stage C it had been less than a decade since the first licensed domestic advertisement was aired ̄. The country has come along way since then with many of the global players now established in China. ^From the sole Radar watch advertisement in 1979 to the multiple medium media blitzes seen today the industry has transformed itself and I¨m honored to have worked with some of the leading players in the industry ̄.

With contributions from Xu Jiahui



Leading Chinese law firm presents at Global Advertising Lawyers Event

Published: June 30, 2009

GUANGZHOU CWhile leading red circle law firm, Lehman, Lee & Xu regularly attends the annual meeting of Global Advertising Lawyers this year was different, as the firm presented on new developments in the Chinese advertising field to a a diverse range of multinational companies. ^It was truly an honor to present on new developments to representatives from some of the best known American brands such as Hersheys, Home Depot, Microsoft, Disney, GE and Universal Studios ̄, relays Ed Lehman, Managing Director of the firm.

With a number of recent developments in the Chinese advertising industry there is much to talk about the future direction of the industry. In October of last year the authorities loosened the regulations for the establishment of Wholly Foreign Owned Advertising Ventures. ^These rules made it more attractive for international firms to come into the local market ̄, states Lehman. ^That said though it is not as easy a market as it once was; the key local players such as Beijing Dentsu and Jiangsu DAHE are becoming increasingly competitive ̄.

A main focus of the presentation for the event at the University of Seattle was in game advertising. ^China is a nation of online gamers and the potential in this industry is huge ̄ says Mike Smith, freelance marketing consultant in the industry. ^with online gaming different ads can be placed in a game depending on the time of day; for example energy drinks and food for late night gamers ̄.

Often at presentations China related topics attract significant interest, ^there were a lot attendees naturally curious as to what potential business opportunities there could be in China ̄ states Lehman. ^In addition to that though there were many there looking for trends in the Chinese market that may be applicable to the U.S. market. ̄

Other firms presenting at the event included Reed Smith, Thomson Playford Cutlers and Veirano Advogados.
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China News 0 Comment July 14, 2009, 10:23 am

Leading Chinese law firm fosters role in combating corporate fraud

Published: July 13th, 2009
BEIJING C While leading red circle law firm Lehman, Lee & Xu has built up a strong reputation in the fields of Intellectual Property and Mergers & Acquisitions, the firm also plays a key role in combating corporate fraud. ^Every year billions are lost through corporate fraud, ̄ relays Edward Lehman, managing director of the firm, ^and unfortunately a lot of is due to carelessness. ̄
Many people in business who were used to meeting targets in the boom years are now feeling pressure to achieve the same levels in spite of the downturn. ^This, unfortunately can lead to fraud ̄ states Lehman, long time China resident and Sinologist.
During the boom years businesses were successful in spite of corporate fraud. Now however businesses are suffering because of it, with recent surveys showing that fraud is a real concern for over 60% of senior managers in China. ^Its only natural to worry about receivables during tough economic times. The last thing businesses want though is to be worried about fraud ̄.
In an effort to help its clients cope with the problem the firm has began giving seminars on how to avoid fraud and the legal recourse available where business managers find themselves victims. ^Forewarned is forearmed in these situations ̄ says Lehman who has been advising companies on best business practices for over two decades. ^Senior managers need to have an awareness of potential red flags ̄. Such flags are not just related to the behavior but also to business partners and suppliers. ^What makes it so difficult to combat corporate fraud is the many forms it comes in ̄.
Although more prevalent in tough times Lehman is under no illusion as to the route cause of the problem. ^The combination of greed and carelessness is at the root of most fraud. When you look at the Bernard Madoff scandal, it was the history of poor oversight which allowed the scheme to continue for so long ̄ notes Lehman. ...

China Law 1 Comment July 13, 2009, 11:52 am

Lehman, Lee & Xu to present to students from China Business School

Published: July 13th, 2009
BEIJING C Attorneys from Lehman, Lee & Xu¨s have been asked to present to students from the China School of Business & Law. The program, which gives students from the school the chance to experience Chinese law and culture first hand demonstrates the increasing importance foreign law schools are placing on Chinese law.
A key aspect of the address is to be practical issues faced by lawyers working in China. ^The practical aspects are really the most important. There is only so much that can be learned in the classroom. It is our hope that providing an insight into the way we practice law will provide the students with an added dimension ̄, relays Edward Lehman, Managing Director of Lehman, Lee & Xu.
Such programs were virtually unheard of even several years ago however there are now a number of such programs where students from a number of countries come to China to experience first hand the explosive economic growth and meet key people from the fields of business and law.
This is the second year Lehman, Lee & Xu has been asked to present to China School of Business and Law. ^We always cherish the relationships we build with educational institutions. ̄ Relays Lehman ^CBL is an excellent example of education that is both thorough and relevant ̄.
The firm, one of China¨s largest, is a leader in the field of corporate law and also specialized in intellectual property. With a team comprised of both foreign and Chinese law styled on an American law firm model the firm offers a unique approach amongst Chinese law firms.
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China News 0 Comment July 13, 2009, 8:52 am

TRADEMARKS OF INTERNATIONAL BUSINESSES ARE WELL PROTECTED IN CHINA

Published: July 9, 2009

AMCHAM NEWS

Beijing ! With China¨s global presence increasing at a phenomenal rate abroad, and international investment flooding into the country, trademark registration is turning out to be a topic high on the agenda list of any company incorporated in China, be it domestic or international.

The Chinese legislature has recognised the growing importance of all intellectual property law rights, from trademarks to patents. The revised 2001 Trademark Law seeks to deal with changes in China¨s growing domestic market, such as an increase in the maximum statutory damages that can be awarded, and the inclusion of three dimensional marks deemed satisfactory for registration purposes. Coinciding with China¨s WTO commitments and obligations, that promised stronger enforcement of trademark rights, China has started making progressive steps to protect the rights of others in an attempt to curb the rapid spate of counterfeiting.

One advantage from the 2001 Trademark Law companies can benefit from is the registration of well known marks, with Chivas Regal being one of the most recent companies to jump onto the trademark registration bandwagon. The Chinese Trade Mark Office (CTMO) recognised both `Chivas Regal¨ and `Chivas¨ as ^well known trademarks ̄ satisfying the criteria laid down under Article 14 of the 2001 Trademark Law. The former name being registered in both English and Chinese characters, and the latter in English. Chivas¨ scope of protection is not merely limited to ^goods ̄ under Class 33 (alcoholic beverages) but cross-class protection if registration of a new product is likely to cause public confusion.

With China accounting for the largest market of Chivas Regal whiskey, and with significant levels of investments being ploughed into the country for promotional reasons, the rubber stamped approval of the Chivas trademark ensures that a third party cannot appropriate the good name and accrued reputation Chivas has amassed over their years of business. Charles Chan, Foreign Legal Counsel at Lehman, Lee & Xu detailed that ^the recognition of an international brand name such as Chivas Regal attaining copyright protection in China indicates how far China has progressed in aligning its stance with that of other countries. ̄

Chivas¨ brand name protection marks the second victory for the whiskey industry in its steady battle against Chinese counterfeiting. Earlier in 2008, the CTMO granted trademark protection to `Scotch whiskey,¨ which, registered as a collective trademark prohibits counterfitters from passing off spirits that have not been produced in Scotland.

Further progress taken by the Chinese authorities also included an award of $180,000 to Diageo, the manufacturers of Johnnie Walker Black Label, after a Shanghai based firm was found guilty of unlawfully infringing upon the trademarked Johnnie Walker packaging.

Eion Murdock, Foreign Legal Counsel at Lehman, Lee & Xu highlighted that ^both the Chivas Regal and the Johnnie Walker issues highlights that in order to protect potential investment into China from international companies in the future, the courts need to uphold and protect their identifiable intellectual property rights, ̄ he continues ^by actually doing this the judiciary are opening the door for more foreign companies to sell their products in China, as they know that their trademarks will be protected, upheld and enforced under Chinese law. ̄...

China News 0 Comment July 9, 2009, 9:49 am

PRESIDENT HU SHORTENS VISIT TO ITALY AND GOES BACK HOME

By Sun Shangwu (chinadaily.com.cn)
Updated: 2009-07-08 07:15

FLORENCE, Italy: The situation in Xinjiang has shortened President Hu Jintao's visit to Italy and he will be absent at the summit meeting between the Group of Eight (G8) industrialized nations and five emerging developing countries in the central Italian city of L'Aquila.

He left Italy for Beijing this morning after concluding the State visit to the country.

His leave is days ahead of schedule because of the riots in Xinjiang, according to the Foreign Ministry.

A total of 156 people died and a further 1,000-odd were injured in the riot Sunday evening in Urumqi, capital of northwest China's Xinjiang Uygur Autonomous Region.

The riot is described as the "deadliest riot since New China was founded in 1949."

Rioters burned 261 motor vehicles, including 190 buses, at least 10 taxis and two police cars, according to Liu Yaohua, the region's police chief.

President Hu arrived in Rome on Sunday to start his State visit to Italy. According to the original plan, he will attend the meeting between the leaders of the G8 major industrial nations and five main developing economies from July 8-10 in the central Italian city of L'Aquila. And then, President Hu will also visit Portugal from July 10-12.

State Councillor Dai Bingguo will represent Hu to attend the session, according to the Foreign Ministry.

And the Chinese and Portugal governments will discuss the date of Hu's State visit at some other time.

The G8 nations are Britain, France, Germany, Italy, Japan, Russia, Canada and the United States, while the G5 includes China, India, Brazil, Mexico and South Africa.

Source: South China Morning Post...

China News 0 Comment July 8, 2009, 5:30 pm

Lehman, Lee & Xu attorneys invited to address University of Minnesota/Renmin University Law Program

Published: July 8th, 2009
BEIJING C Attorneys from Lehman, Lee & Xu¨s Beijing practice recently presented to students from the University of Minnesota School of Law and Renmin School of Law. The program, which gives students from the University of Minnesota and other law schools the chance to experience Chinese law and culture for a month each summer demonstrates the increasing importance foreign law schools are placing on Chinese law. ^
Attorneys Andrew Lillis (a Minnesota alumi) and Marisa Planells Valero spoke about the life of a foreign lawyer in China, using practical examples to augment their talk. ^The practical aspects are really the most important. There is only so much that can be learned in the classroom. It is our hope that providing an insight into the way we practice law will provide the students with an added dimension ̄, relays Lehman.
Such programs were virtually unheard of even several years ago however there are now a number of such programs where students from a number of U.S. and European law schools visit China. ^While few will want to practice long term in China many find it useful to have an overview of the legal system here. I really think it helps them in their careers ̄.
Lehman, Lee & Xu has had a long and fruitful relationship with Renmin University, having hosted a number of its professors as ^of counsel ̄ to boost its litigation practice. ^I have always viewed Renmin University as one of the most innovative in China ̄ , relays Ed, long time China resident who has forged relationships with a number of China¨s top educational institutions.
The firm, one of China¨s largest, is a leader in the field of corporate law and also specialized in intellectual property. With a team comprised of both foreign and Chinese law styled on an American law firm model the firm offers a unique approach amongst Chinese law firms. ...

China Culture 0 Comment July 8, 2009, 3:51 pm

Lehman, Lee & Xu attorneys invited to address University of Minnesota/Renmin University Law Program

Published: July 8th, 2009
BEIJING C Attorneys from Lehman, Lee & Xu¨s Beijing practice recently presented to students from the University of Minnesota School of Law and Renmin School of Law. The program, which gives students from the University of Minnesota and other law schools the chance to experience Chinese law and culture for a month each summer demonstrates the increasing importance foreign law schools are placing on Chinese law. ^
Attorneys Andrew Lillis (a Minnesota alumi) and Marisa Planells Valero spoke about the life of a foreign lawyer in China, using practical examples to augment their talk. ^The practical aspects are really the most important. There is only so much that can be learned in the classroom. It is our hope that providing an insight into the way we practice law will provide the students with an added dimension ̄, relays Lehman.
Such programs were virtually unheard of even several years ago however there are now a number of such programs where students from a number of U.S. and European law schools visit China. ^While few will want to practice long term in China many find it useful to have an overview of the legal system here. I really think it helps them in their careers ̄.
Lehman, Lee & Xu has had a long and fruitful relationship with Renmin University, having hosted a number of its professors as ^of counsel ̄ to boost its litigation practice. ^I have always viewed Renmin University as one of the most innovative in China ̄ , relays Ed, long time China resident who has forged relationships with a number of China¨s top educational institutions.
The firm, one of China¨s largest, is a leader in the field of corporate law and also specialized in intellectual property. With a team comprised of both foreign and Chinese law styled on an American law firm model the firm offers a unique approach amongst Chinese law firms. ...

China Culture 0 Comment July 8, 2009, 3:51 pm

Top China law firm Lehman, Lee & Xu participates in clean-tech roundtable

Published: July 8th, 2009

BEIJING C The clean-tech industry in China is witnessing an amazing rate of growth, and firms from all sectors are vying to get a piece of the pie. Lehman, Lee & Xu is notably pro-active in the area, with its Energy & Resources practice group well-focused on green investment and new and renewable energy projects. The Energy & Resources group is headed by Edward Lehman himself, the managing director of the firm.

As such, the China Cleantech Business Forum is a conference that the firm could not miss. The event takes place at the Shangri-La Hotel in Beijing today and represents a significant opportunity for players from the clean-tech industry to network and expand their business. Lehman underlines that ^events like the China Cleantech Business Forum are key to getting the practical insights and the necessary connections that we professionals need to advance in China¨s clean-energy and clean-technology fields. We believe that the event will be a success for all of the participants ̄.

China's commitment to become more energy-efficient and to shift toward a more environmentally-friendly approach to sustain its fast-pace economic growth and comply with its obligations - though they are non-binding - under the Kyoto Protocol, create numerous opportunities for foreign and domestic investors in the research, development, and sale of green technology. The most technologically advanced countries, such as Japan and the US C California in particular C play major roles and are seeing the greatest benefits from their investment in the area. ...

China News 0 Comment July 8, 2009, 2:36 pm

Sometimes It Pays To Let Someone Interrupt Your Dinner

Last week I was sitting in a restaurant and really just wanted to be left alone. Work has been busy and I was thinking about a couple of cases I was working on. A Chinese guy sitting next to me kept trying to talk to me, though it was obvious I was trying to ignore him. At first I was pretty annoyed because I just wanted to eat in peace and assumed he only wanted to practice his English. But I was polite and we eventually struck up a conversation in which we both talked about what we did at work. I told him that I practice law in China and he said he worked for an auto loan finance company. This actually peaked my interest because I do a lot of labor and employment work, dealing with terminated managers and senior employees, stealing the company cars after they have been fired. In the past, I had always been told that China does not have any businesses that do auto repossession ^repo man ̄ services. My dinner partner proceeded to tell me that his work involves not only going after people who don¨t pay their auto loans but also repossessing the cars. He offered to email me a whole list of guys that would locate the car, go in the middle of the night, break into the car, and drive off. It was exactly the service I had been looking for and had always been told didn¨t exist in China. I guess sometimes it does pay to let people practice their English during your dinner!



Scott Garner
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China Blawg (en) 0 Comment July 8, 2009, 12:31 pm

Leading Chinese law firm contributes chapter to Promotion and Media Advertising publication

Published: July 8th, 2009
BEIJING C While leading red circle law firm Lehman, Lee & Xu is no stranger to providing counsel to multinational corporations and high net worth individuals, the firm is also known for its role in contributing and authoring of legal publications. ^Chinese law is still firmly in a developing phase. We feel that our practical experience enables us to play a role in the development of Chinese law from a research perspective ̄, stated Ed Lehman, Managing Director of the firm.
A central focus of the firm is its media and advertising law practice. ^We are the exclusive China member for the Global Advertising Lawyers Alliance ̄, relays Lehman ^this puts is in a unique position to both cooperate with other firms in the advertising field internationally and also to contribute the global body of knowledge on media law generally ̄.
One aspect of this has been the firm¨s contribution to the Promotional Media and Advertising Association¨s publication on new developments in promotional and advertising law throughout the globe. ^China has seen some interesting developments lately with the focus of promotions shifting toward both general fairness and public safety ̄.
Much of the firm¨s contribution to the guide springs from experience. ^We have had a number of clients recently who have dealt with many of the issues raised in the chapter. This has given us a unique perspective to comment on developments in this field ̄, states Lehman.
Traditionally sales promotions were covered by general laws but in the past number of years both the central government and provincial/municipal governments have published specific laws in the arena. ^As China continues to develop economically specific laws are needed to ensure that consumers are treated fairly ̄ says Lehman, a long time China resident and currently the longest serving (and only foreign) of any Managing Director of a law firm in China.
Other contributors to the guide include Thomson Playford Cutlers, Studio Legale Associato and Reed Smith. ^It is truly an honor to work with Reed Smith. They have a wide reach globally. They are in China also and focus on outbound work while we focus on inbound work. This provides a good synergy ̄, states Lehman. ...

China News 0 Comment July 8, 2009, 11:49 am

Leading Chinese law firm invited to regional health roundtable

Published: July 8th, 2009
BEIJING C While leading red circle law firm Lehman, Lee & Xu is no stranger to providing counsel to diplomatic missions and financial institutions, the firm is also known for its prominent health sciences practice. ^The life sciences sector in China has developed later than developed countries and the authorities have had to develop laws in a very short time ̄, states Ed Lehman, Managing Director of the firm, ^as one of the longest established law firms we have been at the forefront of legal developments in the field and we have been involved in both lobbying for better regulation and have assisted in the development of some of the most important legislative developments in this area. ^
Lehman, the longest serving (and only foreign) Managing Director of any law firm in China, had roots in the field long before he came to China, ^I was a chemistry major and biochemistry always interested me. When I came China in the 1980s I was eager to assist in the development of a body of pharmaceutical law in any way I could ̄. Lehman was a legal pioneer in the sector, acting as counsel for the Research and Development Pharmaceutical Association of China in addition to representing 28 of the 42 research based pharmaceutical companies in China.
When Lehman came to China in 1987 the pharmaceutical industry was in its infancy. Today the field is significantly different with Chinese manufacturers producing many of the drugs purchased in pharmacies throughout the United States and Europe. ^The manufacturing sector has developed at an astronomical rate and legal regulation has not lagged behind ̄, relays Ed, ^the State Food and Drug Administration has developed into a highly professional and regulated organization ̄.
The two day conference organized by the Asia Business Forum is designed to bring some of the leading names in the Asia Pacific region together such as Allan Marx Ancheta, Director of Sales Operations, for Merck Sharp & Dohme Philippines and Dr. Suchitra Kataria, head of business development for Bayer, Schering Pharma, Singapore. ^
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China News 0 Comment July 8, 2009, 10:50 am

Police arrests 1,434 suspects in Xinjiang riot

(Xinhua)

Police have arrested 1,434 suspects in connection with the riot Sunday evening in Urumqi, capital of northwest China's Xinjiang Uygur Autonomous Region, according to official sources.

Li Yi, head of the publicity department of the Communist Party of China (CPC) Xinjiang regional committee, said early Tuesday morning that the suspects included 1,379 men and 55 women.

"The police have started interrogations with the suspects," said Li.
...

China News 0 Comment July 8, 2009, 10:24 am

Lehman, Lee & Xu invited to the Amcham Shanghai meeting with the China Working Group US Congressional Staff Delegation

Published: July 8th, 2009

AMCHAM NEWS

BEIJING C The third largest corporate and commercial Chinese law firm, Lehman Lee & Xu, was invited to the Amcham Shanghai meeting held on July 6th, 2009, with the China Working Group US Congressional Staff Delegation. In attendance was Scott Garner, director of the Shanghai office of the firm, who commented ^The event scores a goal in giving members the chance to engage in discussions with the people who directly influence US-China commercial relationships ̄.

The delegation included attendees such as Rich Goldberg (Senior Aide to Congressman Mark Kirk) and Mark Middaugh (Military Legislative Assistant to Congressman Rick Larsen). Many other US congressional staff also attended including Toni-Marie Calabrese (Legislative Assistant to Congressman John Boozman) and George Behan (Chief of Staff to Congressman Norm Dicks), in addition to Jan Berris (Vice President, National Committee on U.S. China Relations) and Andrew Mertha (Associate Professor of Government at Cornell University).

Amcham Shanghai C also called the ^Voice of American Business ̄ C is the largest and fastest-growing American Chamber of Commerce in the Asia-Pacific region, with over 4,000 members. The Chamber is fairly active in organizing activities for its associates spanning from business networking events to conferences and seminars. The goal of these events is to help members find new opportunities, expand their business, enhance their understanding of how to navigate the Chinese legal and cultural environment, and strengthen the US-China commercial partnership....

China News 0 Comment July 8, 2009, 10:23 am

Edward Lehman, ACA Chairman and ^red circle ̄ Chinese law firm managing director, comments on the 2009 Thomas Jefferson award

Published: July 8th, 2009

AMCHAM NEWS

BEIJING C The American Citizens Abroad (ACA) association traditionally places considerable efforts to support the US residential community in China. ACA Chairman, Mr Edward Lehman, a US citizen and US attorney, is the longest serving foreigner in China and the only foreign managing director of Chinese law firm, Lehman, Lee & Xu. He first practiced in Shanghai in 1987, working for a renowned ^pioneer ̄ US law firm, switching then to a state-run Chinese law firm C being the first foreign national to do so C following the Tiananmen events in 1989, choosing to remain in China when foreign law firms were instead swimming back to Hong Kong or to their own countries citing security concerns. In 1992, he co-founded his Lehman, Lee & Xu, one of the first eight private law firms to be set-up after the liberalization of the legal profession in the early `90s.

The 2009 Thomas Jefferson award has been assigned by the ACA to Ms Anne-Marie Cassela and Mr Mark Storella, US citizens residing in Haiti and Switzerland, who have both greatly contributed to the benefit of their local American community. Ms Cassela C Head of the American Citizens Services in Port-au-Prince, Haiti C has dealt with a considerable number of natural disasters and kidnapping situations, showing care for victims and their families and highlighting outstanding efficiency in her duties. Geneva-based Mr Storella, Charg└ d¨Affaires and Deputy Permanent Representative at the US mission, has been doing an impressive job in coordinating activities and meetings for overseas Americans. His exemplary methods are now being proposed to be adopted by US diplomatic missions all over the world.

Chairman of the ACA, Edward Lehman, a representative of the US community in China, expresses full support for Cassela and Storella commenting that ^the examples given by Anne-Marie and Mark are the reflection of the mission we should all serve as US citizens abroad, that of solidarity to our people and devotion to our country. We look forward to having candidates for the next edition of the award from the US Embasssy in China as we did in the previous years ̄.

Edward Lehman certainly plays an important role as a representative of a US citizen in China. It is a fact that he has been living here longer than any other person from any of the US diplomatic missions in China, serving on the board of governors of Amcham and participating in key negotiations with the Chinese Ministry of Foreign Affairs on behalf of US citizens and businesses. Lehman has also been closely relating with the US Charg└ d'Affaires Dan Piccuta in these recent years.

As Managing Director of Lehman, Lee & Xu C the third largest Chinese law firm in China C he has coupled his role of an American citizens community organizer at the ACA, with that of a representative of the US Embassy in Beijing and US diplomatic missions in Shanghai, Guangzhou, Chengdu, Shenyang and Wuhan over the last 23 years. Additionally, he was the official counsel and representative of the US Olympic team at the Beijing 2008 Olympic Games. When asked to provide his thoughts about China¨s progress in the protections of foreigners¨ rights, Edward proudly said that ^at the ACA we are committed in promoting the rule of law in China ̄ and seems satisfied when noting that ^we believe that the Chinese government is doing a fine job to make that happen ̄.

With contributions from Li Zhongwen...

China Culture 0 Comment July 8, 2009, 8:45 am

LAWYER HEADS US TEAM FOR EXPO BATTLE

Will Clem and Lilian Zhang in Shanghai
Jul 03, 2009

US Secretary of State Hillary Rodham Clinton has appointed a Texas lawyer to oversee the country's embattled campaign to build a national pavilion at the 2010 World Expo in Shanghai.

Jose Villarreal was named commissioner general of the US pavilion with 10 months left before the opening.

Major expo buildings are rapidly taking shape and work is well under way on most of the 40 national pavilions that the countries are building on their own.

However, the US project remains a source of embarrassment for the organisers. Despite repeated deadlines, the US is the only country yet to confirm whether it will take part or when it plans to break ground.

Unlike other nations, the US pavilion is not being paid for with public funds, so its entire US$61 million budget has to come from private donations.

China News Service reported yesterday that the US finally confirmed its participation in the six-month-long fair, but that appeared to be a false alarm.

A spokesman for the Shanghai Expo Bureau said organisers had not received confirmation from the United States.

"But there are still possibilities, and we are now actively pushing forward," he said.

A spokeswoman for the US pavilion's team said they had not received word from Washington that a formal confirmation had been authorised.

Mr Villarreal's appointment came hot on the heels of one of the pavilion's biggest donations - the organising team struck a US$5 million deal with Pepsi in Beijing on Wednesday, suggesting the troubled project is finally gaining momentum.

However, the fund-raising team declined to reveal how much has been raised so far, and have previously suggested that construction might not start for several more months.

The exact nature of Mr Villarreal's role is not clear, but the US State Department said he would be "responsible for oversight of the US pavilion" and "the official US government representative to the government of China on issues relating to World Expo Shanghai 2010".

Source: South China Morning Post
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China Law 0 Comment July 3, 2009, 9:19 am

Fraudsters Profiting through Cybersquatting

Even as an internet savvy user!I discovered a recent article on ^cybersquatting ̄ that has me wondering how the legal issues of intellectual property will come to address this topic. Addressing actual manufacturing and distribution of illegal copies of branded products is still a controversial topic!as these markets would not exist without consumer demand for counterfeited goods. However this new arena of cybersquatting, false associations, and phishing are not in response to a market demand but fertile ground for fraudsters to scam internet users.

As I examined the fake and real ^refinance your home now ̄ or even various fake websites that had appropriated the name of famous retailers!I was shocked at how well these domains appeared to be legitimate. Through abusing trademarks within the domain name system, using specified brands or trademarks to imply relationships where none exist, and diverting internet traffic to fraudulently acquire personal information and credit card details!fraudsters are finding more and more ways to make a profit.

By Senayt Rahwa
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China Law 0 Comment July 2, 2009, 5:00 pm

^RED CIRCLE ̄ CHINESE FIRM HELPS CLIENTS CUT THROUGH VAT CONFUSION

Published: July 1, 2009
AMCHAM NEWS

BEIJING C In December 2008 China introduced radical changes to the operation of its VAT system, including reforms to its import VAT exemption. Many importers have been confused about the changes to the exemption. Lehman, Lee & Xu, one of the leading corporate commercial law firms in China, has spent the past few months consulting with officials from the State Administration of Taxation and the General Administration of Customs in order to obtain firm answers on how the changes will impact the businesses of clients.

Lehman, Lee & Xu has fielded countless enquiries from clients struggling to understand the changes. Edward Lehman, Managing Director of the firm and an old China hand, commented ^The introduction of these changes were made in a fairly typical fashion C by this, I mean that the government did not truly appreciate the confusion it would cause. They are only now starting to appreciate the level of uncertainty that has been created ̄.

Lehman, Lee & Xu has received clarification in relation to the future operation of the exemption. In particular, the GAC has advised the firm that the exemption will continue to apply for Customs special zones, including Free Trade Zones, Export Processing Zone and Bonded Port Areas. Presently, this information is only contained within an internal policy of GAC C it has not been made publicly available to date. It is not uncommon in China for important rules and regulations not to be made publicly available. ^It¨s a feature of the practice of law in China that you become accustomed to very quickly. We are fortunate that we have strong relationships with the relevant government officials so that we can provide such information to our clients ̄, Lehman explains.

Ting Ting contributed to this article
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China News 0 Comment July 2, 2009, 12:05 pm

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