On January 9, the PRC Ministry of Commerce issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”). The Rules set out roughly the rights and obligations of the parties which may be adversely impacted by such unjustified extra-territorial application of foreign legislation or other measures and also the actions that may be taken by the government.
Continue Reading China’s New Blocking Statute Paving the Way for Compensation

Written by: Lucy Lu Ding Wu Liu Shibo

The Ministry of Human Resources and Social Security (“MOHRSS”) and the Supreme People’s Court jointly published the first batch of typical cases of labor and personnel disputes on July 10, 2020, mainly involving the performance of employment contract during the COVID-19 pandemic , the payment of double wages, the removal of the non-competition obligation, employer’s right to adjust employee’s job position and other controversial issues in practice. Combined with the Guiding Opinions of the Supreme People’s Court on Unifying the Application of Laws and Strengthening Similar Case Retrieval (for Trial Implementation), which has come into force on July 31, 2020, we hold the opinion that these typical cases will be important guidance for the judicial practice of labor disputes in near future. Therefore, we have extracted and summarized the rules of arbitration and litigation based on the abovementioned cases for further discussion.
Continue Reading Typical Labor Disputes Cases: Rules and Interpretations

作者:张漠 郭欢 赵晶 张全胜 金杜律师事务所

直播电商行业迅猛发展,造就了“人人自媒体,个个成网红”的时代, “全民参与”网络直播的模式给人们的生活带来极大便利的同时,也随之产生了许多问题,中国消费者协会于今年发布的《直播电商购物消费者满意度在线调查报告》中便指出主播夸大和虚假宣传成为消费者投诉最集中的问题之一。
Continue Reading 为网络直播“排雷”——浅议网络直播中平台、商家与主播应当避免的宣传“雷区”

This article provides an overview of some issues related to properly valuing damages in US patent litigation, including identifying on common challenge to the quantification of patent damages based on valuing technology beyond the scope of the patented invention, and how the use of the cost savings approach to patent damages valuation can make a damages expert’s opinion more robust and less susceptible to such a challenge.
Continue Reading Valuing Patented Inventions in Litigation

Q2 2019: missed the key litigation news of the last quarter? Fear not as all you need to know is here, from jurisdiction to service, as massive class actions and parental liability suits stand pending in the English Courts, UWOs turn out to have multiple use cases and arbitration awards continue to be hard to challenge.
Continue Reading KWM’s UK Dispute Resolution Round-Up – Q2

Q2 2019: missed the key litigation news of the last quarter? Fear not as all you need to know is here, from jurisdiction to service, as massive class actions and parental liability suits stand pending in the English Courts, UWOs turn out to have multiple use cases and arbitration awards continue to be hard to challenge.
Continue Reading KWM’s UK Dispute Resolution Round-Up – Q2

6 June 2019, King & Wood Mallesons is delighted to announce the continued growth of the partnership and Dispute Resolution practice with the addition of Jessica Fei. Highly regarded by clients and market peers, Jessica is a senior legal professional in the international arbitration and dispute resolution practice areas. Qualified in both New York and the PRC, Jessica has over 20 years of experience working at international arbitration institutions and international law firms, advising PRC State-Owned Enterprises, multinationals and major regional corporates in the PRC, Asia, Europe and the U.S. on large-scale international arbitration, litigation and dispute avoidance matters.
Continue Reading King & Wood Mallesons recruits highly regarded international arbitration and dispute resolution leader Jessica Fei