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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：李政浩、周小琪 争议解决部 金杜律师事务所

Retention of title is an important mechanism in China’s civil legal system and also a common business arrangement.  In a sales contract where goods are sold on installment payments or deferred payment, a retention-of-title clause will allow the seller to retain ownership over the goods until the buyer pays the full purchase price.  If the buyer fails to pay as agreed, the seller could recover and sell off the goods to realize the unpaid price.  This helps the seller to control the risk that payment still remains outstanding after delivery.
Continue Reading Developments to Retention of Title Rules under PRC Civil Code

*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.
Continue Reading Regulatory Trend of Infant Formula Registration

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