*UPDATE*Just hours after the WeChat Prohibitions went into effect, a federal judge issued a preliminary injunction (Scan the QR code below to the judge’s order) halting them from going into effect. The injunction will be in effect while the lawsuit challenging the prohibitions is being litigated or until a higher court overturns the injunction.

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Continue Reading The New US Restrictions on WeChat Usage

On September 19, 2020, China’s Ministry of Commerce (MOFCOM) issued the Provisions on the Unreliable Entity List (Provisions), which immediately came into effect.[1] More than 15 months after the concept was firstly revealed by MOFCOM in mid-2019, the Unreliable Entity List (UEL) regime is now enacted to capture foreign entities that damage fundamental interests of China or Chinese enterprises, organizations or individuals.
Continue Reading China Announces Provisions on the Unreliable Entity List

Authors: Zhao Jingchuan, Sun Yitong, Nick Torres Corporate & Commercial Group KWM

Introduction

The Administrative Measures for the Registration of Product Formulas of Infant Formula Milk Powder (the “Measures for Formula Registration”) have played a vital role in the rectification and supervision of the infant formula milk powder industry in China as well as in the integration and development of the milk powder industry since October 1, 2016. Based on our practical experience in infant formula milk powder industry and insight into regulatory trends, this paper briefly introduces the characteristics, development and impact of China’s formula registration system on manufacturers.
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2020年5月28日,备受关注的《中华人民共和国民法典》正式颁布,这是一部固根本、稳预期、利长远的基础性法律,也是一部具有鲜明中国特色、实践特色、时代特色的法典,对我国法治建设和法律服务事业必将产生深刻和长远的影响。
Continue Reading 倾心奉献:《金杜观察:中国民法典的制度变革及其影响》

The Foreign Corrupt Practices Act (“FCPA”) is a U.S. federal law enacted in 1977 that focuses on anti-bribery provisions and also addresses associated accounting practices.  The FCPA anti-bribery provisions apply to all U.S. persons and certain foreign issuers of securities and broadly prohibit any corrupt payment or promise of payment to a foreign official to influence that official to assist in obtaining, retaining, or directing business to any person.  Since the enactment of certain amendments in 1998, the FCPA anti-bribery provisions also apply to foreign firms and persons who directly or through their agents act in furtherance of any such corrupt payment that is to take place within the United States.
Continue Reading FCPA Resource Guide Update

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.
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On 21 August 2020, The Stock Exchange of Hong Kong (the “HKEx”) published amendments to the rules governing the listing of debt securities to professional investors to closer align the rules with current market practice and to enhance the debt listing regime. The changes are to Chapter 37 of the Main Board Listing Rules (the “Listing Rules”), which was last updated in 2011, and are the result of a public consultation process culminating in the 21 August 2020 document titled Consultation Conclusions and Guidance[1]. The document summarises the upcoming rule changes and simultaneously promulgates a guidance letter[2] (the “Guidance Letter”) on disclosure which primarily addresses disclosure considerations for debt instruments with special features.[3] Market participants and legal practitioners, including King & Wood Mallesons, provided commentary during the consultation process.
Continue Reading HKEx amended debt listing rules