
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.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
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!