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China Business Law Journal – February 2023

Volume 14, Issue 2

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Highlights:

Feet on the path, eyes on the horizon

Past experience has taught us the hard way that grounding a business is key in navigating challenges and succeeding in the long term, especially so when China is getting back on its feet.

Companies are quick to uphold such values as they adapt to a new norm of international tensions and rapid global regulatory upgrades.

This issue goes back to the cornerstones and fundamentals, delving into realistic in-house considerations, the origins of successful careers, and the best and most indispensable choices of legal assistance.

While many are eager to sail full speed ahead and regain the lost territory of past years, in-house legal counsel across various industries have instead cautioned patience and restraint.

In our cover story, Calm resilience, general counsel and seasoned internal lawyers look into the year ahead, and share their forecasts and management strategies for both Chinese and foreign enterprises. Anticipating a year of revival and growth, in-house legal heads prioritise sustainability of the future over a speedy compensation for the past.

Turning to the basics of the lawyer-client dynamic, vital lessons can be learned from the provenance of an accomplished career.

In Best-laid plans, Janet Hui, the new co-chair of the International Bar Association’s antitrust section, talks to China Business Law Journal about her unusual career journey, switching from in-house to external and between different practice areas, before landing in her chosen field, and her ambition to broaden horizons for Chinese lawyers in the competition arena.

Another essential task of risk assessment is being done by both in-house counsel and external lawyers, yet few do it with great facility, as the to-do lists required may often go beyond the literal job description.

In Calculated risks, Aaron Shao, head of legal of Abbott (Greater China) and a member of our editorial board, breaks down what is really entailed and offers advice on how to excel.

While keeping our heads in the game, we must not forget to look up, seek the road ahead and dream big. On that note, we present the Rising Stars 2023 awards to recognise China’s up-and-coming legal achievers from thousands of nominations made by business leaders, senior in-house counsel and the wider legal community.

Having demonstrated exceptional dedication and professionalism in their practice areas, the 100 young elite lawyers under the age of 40 include 80 practitioners of Chinese law and 20 international lawyers committed to China-related business.

Let’s applaud their accomplishments, and congratulate them on their awards and the bright future they will bring to the industry.

In this issue

How companies should establish an ESG labour compliance system

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

New challenges facing platform operators under safe harbour rule

By Chen Mingtao, Commerce & Finance Law Offices

Rising Stars 2023

When helping clients navigate a complex legal landscape, young elite lawyers have brought fresh ideas and innovative approaches to the table

private fund dispute cases 2022

Judicial perspectives in private fund dispute cases in 2022

By Yao Xiaomin and Wang Chengtao, Lantai Partners
building a corporate compliance system

Tips for building a corporate compliance system

By Zhu Nandi, Blossom & Credit
IP securitisation in China

IP securitisation in China: origins, development and present status

By Li Yanbo and Wang Chenghao, Zhilin Law Firm
legal perspective on co-branding

‘Artist + brand’ co-branding from a legal perspective

By Cecilia Chen and Huo Qiyi, ETR Law Firm
real estate private investment fund guidelines

Analysis of real estate private investment fund guidelines

By Ronald Xu and Zhu Xiaoya, Guantao Law Firm
merger filings approved with conditions

When merger filings are approved with conditions

By Ryan Fang and Simon Shi, Jingtian & Gongcheng
land for renewable projects in Vietnam

Obtaining land for renewable projects in Vietnam

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm 
Renewable Energy Investment in South Africa

Precautions before investing in South African green energy

By Wang Jihong and Chen Dingduo, Zhong Lun Law Firm

Calculated Risks

Aaron Shao, Abbott’s Greater China legal head, unpacks the role of counsel in the critical task of risk assessment and offers advice and strategies on how to excel in this challenging job

Compensation liability liquidation duties

Compensation liability for directors’ neglect of liquidation duties

By Li Zhingyong, Grandway Law Offices
ESG regulation and investment outlook China

State of ESG regulation and investment outlook in China

By Ge Yin and Li Yipu, Han Kun Law Office
transferring pregnant employees

Mistakes to avoid when transferring pregnant employees

By Alex Xing, Labour Consulting (LABOURS)
Challenges facing NEV industry under EU regime

Challenges facing NEV industry under EU carbon credits regime

By Summit Chen and Wang Wufei, Dentons China
IP property infringement cases

Factors influencing compensation in IP property infringement cases

By Frank Liu, Shanghai Pacific Legal
China in-house counsel sustainability over speed

Calm resilience

GCs and senior in-house counsel predict trends for the year ahead and share developments in various sectors, regulatory updates and their management strategies

customs price inspection and compliance

Handling customs price inspection and compliance

By Jia Xiaoning and Ning Jing, AllBright Law Offices 

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