Archive for April, 2014

Legal Counsel’s Role in Protecting Business Ethics

With recent anti-corruption cases against large multi-national pharmaceutical companies fresh in memory, and China President Xi Jinping’s high profile Anti-Corruption campaign underway, excellent time for another reminder on the lawyer’s role in anti-corruption and ethical business practices, in China and beyond.
May foreign companies approach China, as some place “foreign,” as if the laws and expectations [...]

Published by admin on April 30th, 2014 tagged Uncategorized | 28 Comments »

INTRODUCTION: CORPORATE GOVERNANCE STRUCTURE

l  Corporate Governance Structure
Corporate governance is an innovation of western developed countries, and in particular the corporate system of America. It is generally acknowledged that good corporate governance structure is the foundation of a corporation’s competitiveness. Corporate governance is a system originated within the market-oriented economy to offer a series of solutions to problems which [...]

Published by admin on April 30th, 2014 tagged Uncategorized | Comment now »

Intellectual Property Litigation in China

Civil Action in China
In China, an award for damages or an injunction should be issued by the civil courts. A plaintiff institutes a suit by filing a written complaint with the local court of the appropriate level. A trial is conducted as a series of hearings usually occurring over three to six months. Appeals are [...]

Published by admin on April 30th, 2014 tagged Uncategorized | 46 Comments »

Internal Audits and Actions to Take Upon Receiving an Allegation of Corruption

When an allegation of corruption with reliable evidence is received by the president or the chairman of the board of directors, the decision may be made to activate a special internal audit.
At the start of an internal audit, all related accounts, documents and surveillance video should be sealed in areas with restricted access.
An internal audit [...]

Published by admin on April 28th, 2014 tagged Uncategorized | 40 Comments »

China’s Ministry of Commerce (MOFCOM) Asks Second Circuit Court (USA) to Reverse Judgment Against Chinese Vitamin Manufacturers

On April 14, 2014, China’s Ministry of Commerce (MOFCOM) filed an amicus brief asking the Second Circuit to overturn a ruling by the Eastern District of New York against Chinese vitamin manufacturers. See Brief for Amicus Curiae Ministry of Commerce of the People’s Republic of China in Support of Defendants-Appellants, In re Vitamin C Antitrust Litigation, No. 13-4781 (2d [...]

Published by admin on April 28th, 2014 tagged Uncategorized | 37 Comments »

China Reports Drop in Litigation Costs

BEIJING, Oct. 9 (Xinhua) — The litigation costs for parties before Chinese courts had been “markedly” reduced after recent judicial reforms, according to an official document.
The Information Office of the State Council on Tuesday published a white paper on China’s judicial reform.
The document recalled the promulgation of the 2006 rules on collecting litigation fees and [...]

Published by admin on April 22nd, 2014 tagged Uncategorized | 42 Comments »

Reforms in Arbitration Rules in China

International parties seeking to enforce contracts in the PRC have long been wary of what they often see as unfamiliar and restrictive China-seated arbitration procedures. Recently, in an important and novel development for the jurisdiction, various reforms have provided greater clarity and acceptance of international best-practice protections for parties undertaking arbitration in Mainland China. Foreign [...]

Published by admin on April 18th, 2014 tagged Uncategorized | 31 Comments »

Invitation from Who’s Who Legal: Trademarks 2014

Lehman, Lee & Xu China lawyers is proud to announce the recognition of Managing Director Edward Lehman, as a pre-eminent Trademark Litigator by Who’s Who Legal. Mr. Lehman has been invited to be included in the Who’s Who Legal: Trademarks 2014 publication. Who’s Who Legal: Trademarks seeks to identify and recognize private practice lawyers with [...]

Published by admin on April 15th, 2014 tagged Uncategorized | 46 Comments »

Court Abused Discretion by Not Considering Sanctions Request

District courts should exercise their discretion to impose 28 U.S.C. § 1927 sanctions or at least consider them even if not formally requested by separate motion, according to the U.S. Court of Appeals for the Sixth Circuit. In Meathe v. Ret, the Sixth Circuit expounded on a district court’s obligation to consider sanctions under Section 1927, but only briefly [...]

Published by admin on April 14th, 2014 tagged Uncategorized | 40 Comments »

Chicago Law Firm Launches Litigation in Malaysia Airlines Jet Disappearance

The father of a passenger on the missing Malaysia Airlines Flight 370 has begun a multi-million dollar litigation process against the airline and plane manufacturer in the United States, an aviation law firm said today.
A petition for discovery filed today in Circuit Court of Cook County, Ill., names Malaysia Airlines and Boeing, the manufacturer of [...]

Published by admin on April 11th, 2014 tagged Uncategorized | 44 Comments »