
Donald Scarinci
Firm Managing Partner
201-896-4100 dscarinci@sh-law.comFirm Insights
Author: Donald Scarinci
Date: January 12, 2015

Firm Managing Partner
201-896-4100 dscarinci@sh-law.comChina represents significant opportunities for U.S. corporations, with exports alone totaling $161 billion in 2013. However, the country’s legal unpredictability increases the risks of conducting business in terms of international law.
To improve trade relations, officials from China and the United States recently concluded the 25th session of the U.S.-China Joint Commission on Commerce and Trade (JCCT). The JCCT meets annually to review the progress made by 16 working groups that meet throughout the year to address diverse trade issues, from intellectual property rights to the environment.
“This year we sought to ‘reimagine’ the JCCT to engage businesses from both countries in a dialogue about how to strengthen the trade and investment relationship between the world’s two largest economies, and we made significant progress,” said U.S. Secretary of Commerce Penny Pritzker.
Among the most noteworthy agreements, China has pledged to modify its enforcement of its Anti-Monopoly Law (AML) to treat domestic and foreign companies equally. The law is intended to deter monopoly agreements, prevent abuse of dominant market position, and police other transactions that may restrict competition. However, multi-national corporations operating in China have raised serious concerns about insufficient predictability, fairness and transparency in China’s investigative processes since the law’s enactment in 2008.
the U.S. Chamber of Commerce alleged that China’s enforcement of the anti-competition law in favor of local companies “arguably violates commitments that China undertook when it acceded to the World Trade Organization.” Last year alone, Audi, BMW, Daimler, Microsoft, and Qualcomm were all investigated for violating the AML.
the Chinese delegation agreed that a foreign company in an Anti-Monopoly Law investigation would be permitted to have counsel present and to consult with the company during proceedings. China also made several additional commitments, such as agreeing to provide increased transparency for investigated companies.
the agreed upon changes should lead to greater predictability and increased economic opportunities when operating in China. We will be closely tracking the status of the JCCT commitments and will provide updates in the coming months.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!