This is completely anecdotal, but in talking to some young white collar employees at major companies/firms in the business/banking/legal fields, I've been hearing some really interesting stories. It seems that prenuptial agreements are growing in popularity among this subset of people, and its not because they've spent too much time watching Sex in the City and other such shows. When I first heard about it, I thought it was just mistrust in courts to properly divide property and provide an equitable outcome for both parties. Instead, the reasoning seems solely concentrated on the crazy real estate situation (you don't think crazy is the right word? peep this) and the risk of being left without an apartment (or with only the right to half of one) down the road.
With property prices and the divorce rate constantly going up these days and with it being common that women require a man to have an apartment before they get married, many of those guys are making sure their apartment is fully protected in case of a divorce. While, typically, this wouldn't be deemed as communal property, it appears that courts have sometimes deemed it such as the apartment was purchased shortly before marriage and as a precondition to the marriage taking place. There is also a desire to protect potential communal property in the case where one spouse knows that in the marriage, they will take on much or all the burden of the apartment purchase and/or mortgage. Interestingly, in the first situation, often it is the spouse that didn't buy the apartment who is pushing for a prenup that will grant them a right to the apartment in divorce as they are very concerned about not buying an apartment before marriage only to find that prices have doubled or tripled when it comes time for a divorce and they are left in the cold.
As I said, purely anecdotal, but I've heard it discussed a lot lately, anyone else hearing similar things?
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
2009/12/09
2009/02/27
Economic Crisis Creating Opportunity for Some?
The economic crisis has hit the US very hard, that's obvious, but for those in China who may not get back to the States much, its hard to realize how bad things really are, though the horror stories online and from family and friends bring it home. The crisis has quite obviously hit many Chinese factory towns, especially places down south like Dongguan or on the east coast in Zhejiang and Shandong. However, in Beijing and Shanghai, despite it being a regular topic of conversation, the reality is that its only seen in small ways (ie less expats at restaurants/bars). For the most part, white collar workers in these cities have gone (more or less) unscathed up to this point.
While companies aren't desperate to hire new talent, they also aren't laying off people. If you are a Chinese law firm these days, the economic crisis can actually serve as a sort of blessing in disguise. There are some rumors floating about that two of the biggest firms have laid off some attorneys, but these firms are heavily reliant on IPO work and that has all but dried up. Yet at most Chinese firms, things are churning along and lawyers are pretty safe (unless you work at this firm but that has nothing to do with economics). For firms that are more diverse, while work is slow for many Corporate associates, they aren't at risk of being laid off and most ended up receiving a bonus and a (slight) raise, not great, but far better than what their counterparts at foreign firms in Beijing and New York are getting.
Chinese firms typically have more limited expansion plans than their foreign counterparts and the top ones can offer the same service quality you would get at one of the biglaw foreign firms in China. The difference is, of course, they charge about half what biglaw firms do and pay their attorneys even less.
Expect things to get a lot worse for foreign law firms in China over the next year or two. While their home offices are in complete disarray, layoffs (or even the threat of them), will lead top associates (often Chinese citizens) to consider making the move to Chinese firms. Hours are similar at Chinese and foreign firms, but there is a far greater chance for advancement at a Chinese firm for a Chinese native, especially one with experience at a top foreign firm. At the same time, clients are bound to reconsider their firm affiliation and make the economic choice by moving their business to a Chinese firm.
The shift from foreign biglaw firms to Chinese firms has been a slow process since the early 2000s and the crisis could be a major blow that reorganizes the legal market in China.
While companies aren't desperate to hire new talent, they also aren't laying off people. If you are a Chinese law firm these days, the economic crisis can actually serve as a sort of blessing in disguise. There are some rumors floating about that two of the biggest firms have laid off some attorneys, but these firms are heavily reliant on IPO work and that has all but dried up. Yet at most Chinese firms, things are churning along and lawyers are pretty safe (unless you work at this firm but that has nothing to do with economics). For firms that are more diverse, while work is slow for many Corporate associates, they aren't at risk of being laid off and most ended up receiving a bonus and a (slight) raise, not great, but far better than what their counterparts at foreign firms in Beijing and New York are getting.
Chinese firms typically have more limited expansion plans than their foreign counterparts and the top ones can offer the same service quality you would get at one of the biglaw foreign firms in China. The difference is, of course, they charge about half what biglaw firms do and pay their attorneys even less.
Expect things to get a lot worse for foreign law firms in China over the next year or two. While their home offices are in complete disarray, layoffs (or even the threat of them), will lead top associates (often Chinese citizens) to consider making the move to Chinese firms. Hours are similar at Chinese and foreign firms, but there is a far greater chance for advancement at a Chinese firm for a Chinese native, especially one with experience at a top foreign firm. At the same time, clients are bound to reconsider their firm affiliation and make the economic choice by moving their business to a Chinese firm.
The shift from foreign biglaw firms to Chinese firms has been a slow process since the early 2000s and the crisis could be a major blow that reorganizes the legal market in China.
2009/02/03
The Law is the Law Except When its not the Law
The Labor Contract Law (I almost introduced it as new, but after more than a year, can it still be deemed as new?) was supposed to be the big 'un when it came to promoting worker's rights in China and keeping business behavior in line. There were lots of expectations and tons of blog posts written on the issue, but as can happen with Chinese law issues, things turned out very differently from what was originally expected.
Chinese law is a hell of a thing to deal with. Laws like the Labor Contract Law are written in an incredibly vague fashion, usually purposely, to allow for provincial and city governments to then interpret the law in a way that most fits their local situation. Basically, Chinese law serves as a US Republican states righters wet dream. Unfortunately, this often means that the local government is free to "interpret" the law in a way that completely removes it of any fangs (and usefulness) it may have had.
Dan Harris wrote a bit about how the economic crisis may have led to local governments ignoring much (or all) of the labor law as long as companies don't lay off workers and I've heard stories that confirm what he's stated. Over the Chinese New Year holiday, in the hinterlands of Beijing, I heard a number of tales that further confirms why any hope that the law would change things should go by the wayside.
Getting away from my friends who are all city folk white collar (often foreign owned) company employees, I heard countless stories from airport baggage handlers, factory workers, cooks, and other laborers about how the law is an afterthought. Out of about a dozen people, only two were not expected to work during the holiday and of those that had to work, none expected the trebled overtime pay that the law called for (though some did expect to receive some overtime pay). In many cases, the company's distribution of small gifts or food before the New Year was supposed to satisfy employees instead of their deserved overtime pay. All knew that this was against the law and that they could make claims, but all had seen what happened to others who made claims or were convinced the process was futile.
One year on, the "groundbreaking" law doesn't seem to be protecting the people who needed it the most.
Chinese law is a hell of a thing to deal with. Laws like the Labor Contract Law are written in an incredibly vague fashion, usually purposely, to allow for provincial and city governments to then interpret the law in a way that most fits their local situation. Basically, Chinese law serves as a US Republican states righters wet dream. Unfortunately, this often means that the local government is free to "interpret" the law in a way that completely removes it of any fangs (and usefulness) it may have had.
Dan Harris wrote a bit about how the economic crisis may have led to local governments ignoring much (or all) of the labor law as long as companies don't lay off workers and I've heard stories that confirm what he's stated. Over the Chinese New Year holiday, in the hinterlands of Beijing, I heard a number of tales that further confirms why any hope that the law would change things should go by the wayside.
Getting away from my friends who are all city folk white collar (often foreign owned) company employees, I heard countless stories from airport baggage handlers, factory workers, cooks, and other laborers about how the law is an afterthought. Out of about a dozen people, only two were not expected to work during the holiday and of those that had to work, none expected the trebled overtime pay that the law called for (though some did expect to receive some overtime pay). In many cases, the company's distribution of small gifts or food before the New Year was supposed to satisfy employees instead of their deserved overtime pay. All knew that this was against the law and that they could make claims, but all had seen what happened to others who made claims or were convinced the process was futile.
One year on, the "groundbreaking" law doesn't seem to be protecting the people who needed it the most.
2008/11/28
7 Deaths...
The sudden announcement of the death of Yang Jia, the Beijinger who entered a Shanghai police station armed with a knife, killed 6 officers, and injured 4 others, brought about a storm of online thoughts. The story of Yang is far more complicated than just the facts, it includes having been arrested a few times and roughed up by the police despite his claims of innocence. It shocked many around China, though surprisingly many supported him or, at the very least, could sympathize with him.
I am not surprised by the reaction of working class Chinese, migrant laborers, and others who deal with being looked down on and mistreated by the police and others in power on a regular basis. However, when I saw this passionate entry by the popular middle class, white collar blogger, Wang Jianshuo, who almost never writes anything remotely "political", it did make me do a double take.
It doesn't matter what class you are or what your background is, it seems, abuses of power are just too common in China and people recognize the frustration that must have took over Yang, even if they don't agree with the end result. It is never okay to kill 6 people, but all the facts behind Yang's case (check out Black and White Cat below for more details), make it shocking that the government acted so swiftly, carrying out the execution less than 6 months from when Yang committed the horrific act.
I've been thinking about this for the past few days and I'm still at a loss as to what to say, so read the coverage from other fine sources:
NY Times
WSJ China Journal
Black and White Cat
I am not surprised by the reaction of working class Chinese, migrant laborers, and others who deal with being looked down on and mistreated by the police and others in power on a regular basis. However, when I saw this passionate entry by the popular middle class, white collar blogger, Wang Jianshuo, who almost never writes anything remotely "political", it did make me do a double take.
It doesn't matter what class you are or what your background is, it seems, abuses of power are just too common in China and people recognize the frustration that must have took over Yang, even if they don't agree with the end result. It is never okay to kill 6 people, but all the facts behind Yang's case (check out Black and White Cat below for more details), make it shocking that the government acted so swiftly, carrying out the execution less than 6 months from when Yang committed the horrific act.
I've been thinking about this for the past few days and I'm still at a loss as to what to say, so read the coverage from other fine sources:
NY Times
WSJ China Journal
Black and White Cat
2008/11/27
Don't They Read China Law Blog?!?
I was unsurprised by yet another story of rioting at a factory in Dongguan. For the past few months, riots seem to be erupting all over China, but factory riots and general discontent has become a common thread amongst workers in Dongguan and Shenzhen. Therefore, when I saw the story "Workers riot at Chinese toy factory" about workers running rampant at a Hasbro factory in Dongguan, I was unfazed and quickly skimmed the article, until...this quote:
Guo [Chenming, cited as a "local Communist Party official"] doubted the allegation, saying it would be foolish for the police to incite such a massive crowd. He also said the 80 workers didn't get full severance because of bad performance. But he added that the company didn't fully understand new labor laws and was also to blame.
The Labor Contract Law has been something that foreign lawyers in China and legal bloggers writing on China (none more so than China Law Blog) have been talking about ever since it was first announced in June of last year and the fervor continued once it came into force on January 1 of this year.
Most Chinese companies quickly tried to sign contracts with their employees and dot their i's and cross their t's in preparation for the law, but some ignored it, either feeling the government wouldn't enforce it or that their employees wouldn't realize their newfound rights.
With the spotlight on factories of the Pearl River Delta as of late, workers, even migrant laborers working in factories, aren't as ignorant as they used to be and either know of their rights or know enough to find a lawyer who promptly informs them of their rights.
Though the factory claims to have paid all proper compensation under the law, it wouldn't surprise me if they cut some corners and didn't follow the full letter of the current labor law. If you are a business owner in China, you can't be too careful, especially if you're a foreigner, DO NOT play fast and loose with this law, make sure you are in compliance with it (and while you're at it, make sure all foreign employees have the proper visas).
PS: While we're at it, 2 asides, the article paints a good picture of how these protests can come about as well as a brief look at the current (scary) situation in the PRD. And while its not connected, I saw this cartoon today on a Korean blog I regularly visit as to how some Koreans get around the laws/requirements of a contract. Good stuff!
2008/11/25
The Bar is Passing People By
Having talked with a number of sources at a few more top law firms in China, the anecdotal evidence is starting to add up to more than a small anomaly. The bar exam pass rate at China's top 4 firms this year seems to be around 75% with some offices being as high as 90%. If this was the US, this wouldn't be so surprising, but considering that even at T4 firms, the pass rate last year (and typically) is lucky to reach 50%. I've yet to see any official data released stating the overall pass rate, but from mainly anecdotal evidence and the few stories I've seen, it's much higher than the typical 10-15% and possibly even higher than last year's pass rate (though there were also 20% more test takers this year). The pass rate over the past few years looks like this:
2002 - 8%，
2003 - 11%
2004 - 11%
2005 - 14%
2006 - 15%
2007 - 22%
Does anyone else have any anecdotal stories about the bar (US or China) this year? Any theories as to why the pass rate has been slowly rising and if this will be a permanent thing?
Will we eventually see US style (or something closer to California style) pass rates? Would love to hear some theories on this.
*its a slow morning (wait, its almost noon already) and my brain isn't really functioning, so forgive the title, its an admittedly weak reference to this classic joint, law and old school hip hop, don't they just go together?
2002 - 8%，
2003 - 11%
2004 - 11%
2005 - 14%
2006 - 15%
2007 - 22%
Does anyone else have any anecdotal stories about the bar (US or China) this year? Any theories as to why the pass rate has been slowly rising and if this will be a permanent thing?
Will we eventually see US style (or something closer to California style) pass rates? Would love to hear some theories on this.
*its a slow morning (wait, its almost noon already) and my brain isn't really functioning, so forgive the title, its an admittedly weak reference to this classic joint, law and old school hip hop, don't they just go together?
2008/11/21
Congratulations to the New Lawyers!
As many American colleagues are finding out their bar results (or manically awaiting them), today the Chinese bar results are officially out. While in the US every state has its own exam, in China it is a national exam. Also, for Chinese law school grads it is incredibly difficult, as only 10% or so of test takers pass (in comparison 70%+ in the US pass).
This year, though, it seems the Chinese bar was a lot easier, as I've only heard about a very small number of people who didn't pass. Now the interesting question is, was the test just that much easier this year or was it a conscious decision that China needs more lawyers (more lawyers? just the thought of that makes my head hurt)? So far talk around the office is that next year the test will be made harder, what do you think?
This year, though, it seems the Chinese bar was a lot easier, as I've only heard about a very small number of people who didn't pass. Now the interesting question is, was the test just that much easier this year or was it a conscious decision that China needs more lawyers (more lawyers? just the thought of that makes my head hurt)? So far talk around the office is that next year the test will be made harder, what do you think?
2008/11/14
How Ever Will CCTV Survive?!?
It seems the Chinese Ministry of Culture has basically condemned CCTV to hours upon hours of blank air and brought an end to the annual Spring Festival Gala show in one fell swoop. That's right, they have proposed a draft law that would ban lip synching at concerts and on tv and publicly name and shame repeat offenders (its a rare day that I get to link to Perez on a post about China). Cui Jian has long been on a quest against lip synching after turning down a request to appear on CCTV, but being told he would have to lip synch. If you've ever watched the mega concerts on CCTV, especially "Tong Yi Shou Ge", its pretty obvious that a large percentage of the acts are lip synching, so what's going to happen to them all now? Is this the first step to China developing real singing talent of its own? Is this the end of lip synching Taiwanese pop stars coming to the mainland? What the hell is CCTV going to do now that these "singers" actually have to sing without the help of studio editing? This year's Spring Festival show would certainly be worth watching (the first time in a long time, though more for the comedy than for the performances), if this rule was actually enforced.
2008/06/24
AIC vs. LV in Hangzhou: What's Going On?
A very interesting story has come out of Hangzhou that has led to a lot of questions and very few answers. Louis Vuitton, the high end French luxury brand, has run afoul of Zhejiang AIC, resulting in their Hangzhou shop being closed down. It seems that after a check of a (?, the?) Hangzhou LV boutique in May, some products were found to be "below standards." Zhejiang AIC insists that they didn't force LV to close down the Hangzhou boutique.
According to the AIC, this all comes down to LV's not including a small piece of sample leather with their bags shipped to China, an AIC requirement. LV failed to appeal the ruling and so a number of bags were seized by Zhejiang AIC.
So what's going on? Many immediately jump up and say this has to be political, another Chinese potshot at the French, however this was only one boutique, things are still going strong in Beijing, Shanghai, and other cities. Did they all include the necessary sample or are do they just ignore this requirement (or not have it)? Is this the case of an overzealous local official continuing China's "war" on France? Is this some corrupt officials who are basically stealing LV bags by making this claim?
There has to be more to it, unfortunately we probably won't learn all the sordid (or boring) details as to why this seizure took place, but if LV can take a hit like this, it should serve as a cautionary tale to any small company looking to enter China.
According to the AIC, this all comes down to LV's not including a small piece of sample leather with their bags shipped to China, an AIC requirement. LV failed to appeal the ruling and so a number of bags were seized by Zhejiang AIC.
So what's going on? Many immediately jump up and say this has to be political, another Chinese potshot at the French, however this was only one boutique, things are still going strong in Beijing, Shanghai, and other cities. Did they all include the necessary sample or are do they just ignore this requirement (or not have it)? Is this the case of an overzealous local official continuing China's "war" on France? Is this some corrupt officials who are basically stealing LV bags by making this claim?
There has to be more to it, unfortunately we probably won't learn all the sordid (or boring) details as to why this seizure took place, but if LV can take a hit like this, it should serve as a cautionary tale to any small company looking to enter China.
2008/06/06
Beida's Bar Dreams
A hat tip to Above the Law for including an article about Beijing University's (Beida) ambitions to set up a new School of Law that would receive ABA-accreditation, allowing students to take the US bar after graduation (and requiring them to take the LSAT for entry), and teaching all classes in English.
The school will be set up at Beida's campus in Shenzhen and its new dean, Jeffrey S. Lehman, shows how serious Beida is about this new school. Lehman previously worked as President of Columbia University and Dean of University of Michigan School of Law.
A little more from the article:
It's going to be an interesting experiment and if they do get ABA-accreditation, this could be huge. One can understand the desire for the experiment to begin in Shenzhen, but if its successful, I can't imagine it not moving to the school's main campus in Beijing. Beida already has a huge endowment and one can see how major international companies and organizations would be falling over themselves to help fund the school, as well as the many Beida (and particularly Beida law) grads who've gone on to success in China and around the world. With Lehman behind, ABA-accreditation, and money, one can see how this school could quickly take off and in 10-15 years (or even less), be a Tier 1 US law school.
What will the application requirements be? Will US students be allowed to apply? When could they (will they) get the ABA's blessing? It's going to be interesting to see what comes of this...
The school will be set up at Beida's campus in Shenzhen and its new dean, Jeffrey S. Lehman, shows how serious Beida is about this new school. Lehman previously worked as President of Columbia University and Dean of University of Michigan School of Law.
A little more from the article:
The freestanding school will operate independently of Peking’s existing,This fall will see the first incoming class of only 55 students begin their studies and the price (around US$10,000 puts it far above any other Chinese graduate school, but still far cheaper than a US law school).
Chinese-style law school. Like any American law school, the courses will be
taught in English, the cases will be from American law – and most of the
professors will be from American law schools. In order to simulate the course of
study of a typical American law student, the school currently requires that
applicants major in a subject other than law as undergraduates, a stipulation
that Lehman suggested could be counterproductive in the long run.
It's going to be an interesting experiment and if they do get ABA-accreditation, this could be huge. One can understand the desire for the experiment to begin in Shenzhen, but if its successful, I can't imagine it not moving to the school's main campus in Beijing. Beida already has a huge endowment and one can see how major international companies and organizations would be falling over themselves to help fund the school, as well as the many Beida (and particularly Beida law) grads who've gone on to success in China and around the world. With Lehman behind, ABA-accreditation, and money, one can see how this school could quickly take off and in 10-15 years (or even less), be a Tier 1 US law school.
What will the application requirements be? Will US students be allowed to apply? When could they (will they) get the ABA's blessing? It's going to be interesting to see what comes of this...
2008/05/09
Crazy Right Now...
Like everybody, I have a soft side for gossip. It's always fun to hear inside rumors and the like and for lawyers, the place to go for gossip is Above the Law. The website's focus is on what is affectionately referred to as "biglaw", the US' major law firms, and typically the New York offices of these firms. Granted, the majority of lawyers in the US don't come close to earning what the associates at these top firms earn, but it can still be interesting. The comments, a mixture of immature frat humor, real insight, and overall cattiness that would make the most gossipy high school cheerleader blush, are also well worth reading.
Recently, the site's focus has moved away from New York with a new feature called the "Asia Chronicles." The most recent post, Champagne Wishes and Caviar Dreams, paints a dreamy picture of what its like being an associate at a top firm in Asia. Sure, there are firms like Simpson Thatcher that pay a similar salary in Beijing/Shanghai/Hong Kong as in New York and throw in an $80,000/year housing allowance, that's right, HOUSING ALLOWANCE, as well, which will cause anyone, even some of those biglaw associates in New York to drool. Imagine what it's like for people at top Chinese firms who are working just as hard as associates at the foreign, biglaw firms, but can't even get a salary that matches a US firm's housing allowance! If you're in the industry and you aren't at one of those firms, it can bring tears to your eyes...
Let me tell you, there are very few firms that are paying at those levels. If you want to be in a China office (especially Beijing/Shanghai), you'll be earning a good salary, but beyond a very small number of foreign firms, your salary will be far less than what you are paid in New York. That's not to say your salary won't be very high for China, but expect low 6 figures, high 5 figures with a minimal housing allowance at best.
It will be interesting to see the future of this series, but from the first few articles, its quite obvious that it is (heavily) sponsored by a recruiter, who seems to be trying to drum up business by selling people on how great it can be to work in Asia. At the same time, the number of extremely racist comments are startling. Frat humor is one thing, but these comments cross the line and are a disgrace considering that they most likely came from highly educated US attorneys.
Recently, the site's focus has moved away from New York with a new feature called the "Asia Chronicles." The most recent post, Champagne Wishes and Caviar Dreams, paints a dreamy picture of what its like being an associate at a top firm in Asia. Sure, there are firms like Simpson Thatcher that pay a similar salary in Beijing/Shanghai/Hong Kong as in New York and throw in an $80,000/year housing allowance, that's right, HOUSING ALLOWANCE, as well, which will cause anyone, even some of those biglaw associates in New York to drool. Imagine what it's like for people at top Chinese firms who are working just as hard as associates at the foreign, biglaw firms, but can't even get a salary that matches a US firm's housing allowance! If you're in the industry and you aren't at one of those firms, it can bring tears to your eyes...
Let me tell you, there are very few firms that are paying at those levels. If you want to be in a China office (especially Beijing/Shanghai), you'll be earning a good salary, but beyond a very small number of foreign firms, your salary will be far less than what you are paid in New York. That's not to say your salary won't be very high for China, but expect low 6 figures, high 5 figures with a minimal housing allowance at best.
It will be interesting to see the future of this series, but from the first few articles, its quite obvious that it is (heavily) sponsored by a recruiter, who seems to be trying to drum up business by selling people on how great it can be to work in Asia. At the same time, the number of extremely racist comments are startling. Frat humor is one thing, but these comments cross the line and are a disgrace considering that they most likely came from highly educated US attorneys.
2008/04/25
Lawyers Writing About China
China Law Blog did a post a few weeks back about English language blogs on Chinese law and last week I got some props from Black China Hand who talked about the number of lawyers writing blogs on China.
I have the utmost respect for the people on CLB's list who take the time to write blogs on Chinese law. While some of the people blogging are lawyers who use their blogs as a marketing tool, a number of excellent blogs are written by students. I am blown away by the quality of China Business Law Blog, all the posts are extremely in-depth analyses of Chinese law issues and are extremely educational. I cannot imagine myself taking the time to write such posts (instead of studying or going to a bar) back in my law school days.
My status as a lawyer has been kept on the down low since I started this blog, though from time to time I do touch on legal topics, but my recent back and forths with Chinese Lawyer Blog has sort of outted me, that's okay.
While I love the law and find Chinese law extremely interesting, I can't imagine using time away from the office to blog about legal issues. I deal with law enough in the office, I don't want to take it home with me. Therefore, while this blog touches on legal and political issues occasionally, the focus is still on my favorite extracurricular activities. Thus, the focus will remain on sports, art, brands, and (in the weeks to come) especially dining out. I would like to think that I can hit on some of the major happenings, the shops, the restaurants of Beijing, but its hard because I don't have the resources that City Weekend and That's Beijing have. There are a few helpers here, but we all have day jobs and this is only a labor of love.
Anyways, make sure to read those blogs if you want to know what's happening in Chinese law, but please also take the time to stop by here and find out what's happening on the ground in Beijing.
I have the utmost respect for the people on CLB's list who take the time to write blogs on Chinese law. While some of the people blogging are lawyers who use their blogs as a marketing tool, a number of excellent blogs are written by students. I am blown away by the quality of China Business Law Blog, all the posts are extremely in-depth analyses of Chinese law issues and are extremely educational. I cannot imagine myself taking the time to write such posts (instead of studying or going to a bar) back in my law school days.
My status as a lawyer has been kept on the down low since I started this blog, though from time to time I do touch on legal topics, but my recent back and forths with Chinese Lawyer Blog has sort of outted me, that's okay.
While I love the law and find Chinese law extremely interesting, I can't imagine using time away from the office to blog about legal issues. I deal with law enough in the office, I don't want to take it home with me. Therefore, while this blog touches on legal and political issues occasionally, the focus is still on my favorite extracurricular activities. Thus, the focus will remain on sports, art, brands, and (in the weeks to come) especially dining out. I would like to think that I can hit on some of the major happenings, the shops, the restaurants of Beijing, but its hard because I don't have the resources that City Weekend and That's Beijing have. There are a few helpers here, but we all have day jobs and this is only a labor of love.
Anyways, make sure to read those blogs if you want to know what's happening in Chinese law, but please also take the time to stop by here and find out what's happening on the ground in Beijing.
2008/04/14
Real Advise to American Law Students (and Contracts are King!)
I recently saw a post on that great bastion of idealism and legal insight, the China Lawyer Blog, and found it pretty amusing as usual. At first, the start pulled me in by saying: “Many US law students are contacting me these days for advice about how to get a job and succeed while working at a Chinese Law Firm, like my law firm Zhong Lun. A few of them already work as interns in Chinese law firms.” I don’t advertise my involvement, but every now and then I bring up legal issues. Students and alumni at my law school and random blog readers write me from time to time with similar inquiries about what its like to work at a Chinese law firm.
To simplify what was already very simple, I’ll just offer the 3 lessons that he offered:
Lesson #1: If you do business with Chinese lawyers, get them to pay cash when they eat.
Lesson #2: An internship at a Chinese law firm means nothing and will not help you.
Lesson #3: An entry level job with a law firm is hard to get and will make your life miserable. And, you have no prospect of ever improving your status.
Let’s start with the first "lesson", if his accusation against Zhong Lun is true, its pretty hilarious. The very best Chinese law firms are structured and run not much differently from US law firms and usually partners would, without any thought and usually with a battle over who pays the check, be more than willing to throw down their credit card and cover the entire bill. In most cases, this meal would be reimbursed by the firm anyways. Zhong Lun is among the top Chinese firms, but if what Mr. Brauer says is true, its corporate culture is highly flawed and still very Chinese, not like the other top tier firms here.
The third one is an interesting issue to deal with. He’s stating a fact. Life in a law firm, be it in the US or China or England or wherever is going to be hard, especially for an entry level associate and it will be a miserable life for awhile. This is true if you are working at a top firm in Beijing or New York or London. Young Chinese lawyers working at the very best firms located in the CBD here are chained to their desk, just like young lawyers at Wall Street firms in New York. Much like lawyers at those Wall Street firms, everything will be based on performance, annual or semi-annual performance reviews will decide what your bonus and raise will be and are handled highly professionally. It’s cut-throat, even more so in the US because of the size of the population, but if a young Chinese lawyer doesn’t like it, they can choose to stay away from the most prestigious firms and instead go to a small firm in Beijing or a smaller city (lawyers in the US face a similar choice when job hunting).
The second one is a little harder, and is also somewhat factual. If you are a young US law school student and you get an internship with a Chinese firm (usually through a summer study program), it is unlikely the internship will help you very much. The only time I’d advise coming over for a summer program is after your first year of law school, during the second year, its time to line up a summer associate position with long term prospects. A US law student, even if they speak perfect Chinese, doesn’t have a very good understanding of Chinese law and won’t be able to do many of the things a Chinese law school student could do. The internship is basically just a line on the resume and in almost all cases, it won’t mean a lot of real world experience. Though, if one uses the time wisely and builds up contacts and friends within the firm and with foreign lawyers here, the time won’t be completely wasted and the internship may lead to future employment.
Most importantly, the post’s title is “Don’t Ask Me To Pay You, Idiot! Contracts Are For Fools” and in the article Mr. Brauer states that, “The difference is that it is impossible to enforce a contract against Zhong Lun, especially if you are foreign employee or client.” This is completely and utterly not true, it couldn’t be any further from reality. You NEED to have a contract, both for the obvious reason of setting up the terms of your labor and because it is required when a foreigner applies for a work visa as well as under the current Labor Contract Law (if you don’t have a contract, you benefit bigtime, any law firm worth its salt will sign a contract before you even start).
Chinese courts, much like US courts, aren’t going to spend a lot of time listening to hearsay. If you can prevent evidence to support your case, they will listen, no matter if you are a foreigner or a Chinese. A contract is the ultimate form of evidence in an employment dispute and it’s anything but impossible to enforce it in court. However, it is absolutely important to have every term that is negotiated between the two parties included in the contract, verbal promises made in conversations that aren’t memorialized in the contract can’t be protected. Put it in writing! Let me repeat that, and let that be the only lesson here, PUT. IT. IN. WRITING. If you do so, and if the end result is a day in court, your day will be much smoother.
It is not easy getting a job in the China legal market and if you’re an American law student who isn’t a Chinese citizen, you are facing an uphill climb. Getting an internship with a Chinese law firm during your 1L summer is a good way to start climbing that hill. It is tempting to take an offer from a Chinese firm as there are very few that are willing to even consider foreigners for summer (or any) positions, but make sure it is the right firm. It will make all the difference in the world, a great firm may not give you a long-term offer, but the partners are likely to have contacts at foreign firms and will be willing to give you a hand. This is important, contacts matter, they matter a lot and go a long way in whether you can find a job. Being highly competent in reading and writing Chinese, especially legal Chinese, will be beneficial. Even in that case, its still a crap shoot in the end.
To simplify what was already very simple, I’ll just offer the 3 lessons that he offered:
Lesson #1: If you do business with Chinese lawyers, get them to pay cash when they eat.
Lesson #2: An internship at a Chinese law firm means nothing and will not help you.
Lesson #3: An entry level job with a law firm is hard to get and will make your life miserable. And, you have no prospect of ever improving your status.
Let’s start with the first "lesson", if his accusation against Zhong Lun is true, its pretty hilarious. The very best Chinese law firms are structured and run not much differently from US law firms and usually partners would, without any thought and usually with a battle over who pays the check, be more than willing to throw down their credit card and cover the entire bill. In most cases, this meal would be reimbursed by the firm anyways. Zhong Lun is among the top Chinese firms, but if what Mr. Brauer says is true, its corporate culture is highly flawed and still very Chinese, not like the other top tier firms here.
The third one is an interesting issue to deal with. He’s stating a fact. Life in a law firm, be it in the US or China or England or wherever is going to be hard, especially for an entry level associate and it will be a miserable life for awhile. This is true if you are working at a top firm in Beijing or New York or London. Young Chinese lawyers working at the very best firms located in the CBD here are chained to their desk, just like young lawyers at Wall Street firms in New York. Much like lawyers at those Wall Street firms, everything will be based on performance, annual or semi-annual performance reviews will decide what your bonus and raise will be and are handled highly professionally. It’s cut-throat, even more so in the US because of the size of the population, but if a young Chinese lawyer doesn’t like it, they can choose to stay away from the most prestigious firms and instead go to a small firm in Beijing or a smaller city (lawyers in the US face a similar choice when job hunting).
The second one is a little harder, and is also somewhat factual. If you are a young US law school student and you get an internship with a Chinese firm (usually through a summer study program), it is unlikely the internship will help you very much. The only time I’d advise coming over for a summer program is after your first year of law school, during the second year, its time to line up a summer associate position with long term prospects. A US law student, even if they speak perfect Chinese, doesn’t have a very good understanding of Chinese law and won’t be able to do many of the things a Chinese law school student could do. The internship is basically just a line on the resume and in almost all cases, it won’t mean a lot of real world experience. Though, if one uses the time wisely and builds up contacts and friends within the firm and with foreign lawyers here, the time won’t be completely wasted and the internship may lead to future employment.
Most importantly, the post’s title is “Don’t Ask Me To Pay You, Idiot! Contracts Are For Fools” and in the article Mr. Brauer states that, “The difference is that it is impossible to enforce a contract against Zhong Lun, especially if you are foreign employee or client.” This is completely and utterly not true, it couldn’t be any further from reality. You NEED to have a contract, both for the obvious reason of setting up the terms of your labor and because it is required when a foreigner applies for a work visa as well as under the current Labor Contract Law (if you don’t have a contract, you benefit bigtime, any law firm worth its salt will sign a contract before you even start).
Chinese courts, much like US courts, aren’t going to spend a lot of time listening to hearsay. If you can prevent evidence to support your case, they will listen, no matter if you are a foreigner or a Chinese. A contract is the ultimate form of evidence in an employment dispute and it’s anything but impossible to enforce it in court. However, it is absolutely important to have every term that is negotiated between the two parties included in the contract, verbal promises made in conversations that aren’t memorialized in the contract can’t be protected. Put it in writing! Let me repeat that, and let that be the only lesson here, PUT. IT. IN. WRITING. If you do so, and if the end result is a day in court, your day will be much smoother.
It is not easy getting a job in the China legal market and if you’re an American law student who isn’t a Chinese citizen, you are facing an uphill climb. Getting an internship with a Chinese law firm during your 1L summer is a good way to start climbing that hill. It is tempting to take an offer from a Chinese firm as there are very few that are willing to even consider foreigners for summer (or any) positions, but make sure it is the right firm. It will make all the difference in the world, a great firm may not give you a long-term offer, but the partners are likely to have contacts at foreign firms and will be willing to give you a hand. This is important, contacts matter, they matter a lot and go a long way in whether you can find a job. Being highly competent in reading and writing Chinese, especially legal Chinese, will be beneficial. Even in that case, its still a crap shoot in the end.
2008/01/17
Fakes From China? Shocking!!!
News out of the US is that 3 Chinese nationals have been arrested recently as part of a conspiracy that sold millions in counterfeit goods in the US. The article stated:
No surprise that one of the individuals was arrested in Las Vegas. From a legal standpoint I sort of wonder about the jurisdiction issue, despite the 3 leaders of the ring all living in New York, the indictment was issued in Richmond, VA. This story is definitely one to watch.
Authorities call it one of the largest counterfeit operations ever discovered,
involving about 300,000 bags and wallets with names like Burberry, Gucci and
Coach.
No surprise that one of the individuals was arrested in Las Vegas. From a legal standpoint I sort of wonder about the jurisdiction issue, despite the 3 leaders of the ring all living in New York, the indictment was issued in Richmond, VA. This story is definitely one to watch.
2007/12/13
Violating the First Commandment of Blogging: Thou Shalt Not Insult (Ex)Employer
This blog is a small little space I keep, together with some friends, on the web. Its (hopefully) read by our family and friends and maybe an occasional passerby on Chinalyst or a similar website. Despite having one of the best blog names in the China blogsphere (in my "humble" opinion, the readership still falls a bit short). Anyways, as bloggers, there are a few rules to follow, but the number 1 rule, in big bold print and underlined, especially when your day job is in a profession like the law, with a responsibility to your clients, is to avoid airing your dirty laundry in public.
However, it was with a bit of surprise that I found out that everyone's favorite launderer is back and better (or worse, depending on your feelings) than ever. That's right, the China Lawyer Blog is once again attacking Zhong Lun, still sharing firm emails, and going so far as to print a partner's US real estate holdings, he's even gone so far as to create a dummy blog for Zhong Lun. I'm still not 100% sure this isn't 1 big joke, though the dummy site and some news stories in US legal journals make that seem unlikely.
That's all well and good, it was fun at first, but now its getting old, and, in some of the posts, pretty juvenile. Yet, when he calls me out, that's when its on and, trust son, I hold things down like Money May. I'm really left to wonder what Mr. Brauer's own resume looks like (for the record, I'm a US-licensed lawyer) and what kind of experience he has in the US. He states that I:
I hope if/when he sues Zhong Lun in the US he does a better job quoting case precedent than he does quoting from my blog, as any judge (or more likely judicial clerk) who views what he is actually citing would see that it is completely against him. I've always been taught never to burn bridges and I just can't see why when leaving a firm, anyone would do something like that, it is rife with immaturity. Unless you are writing a blog for your employer or your company, there is no reason to use your blog to go into details about your job and especially not to badmouth your job or company, doing so is just asking for trouble (both ethically and from your employer). I don't consider what Mr. Brauer did, or is doing, to be morally right, I don't think a blog is the proper forum for what he is doing. There's a difference between going to a bar and shooting the shit with some friends, talking about how much you hate your job and doing so on the web.
One small example of Mr. Brauer's complaints about Zhonglun was about fake versions of computer software. I think software piracy is a common problem in China and that Chinese companies (including law firms) use pirated software, but I'd like to see all the legit licenses for software at the China offices of a Magic Circle or big NY law firm in China. For that matter, I'm sure Mr. Brauer would never go out and purchase pirated DVDs, since he is so concerned with intellectual property.
As for the second part of his quote, I never said that nothing should be done. First and foremost, if he really wants to get his money, he should simply sue in Chinese court. When securing a work visa in China, a signed copy of the employment contract must be submitted to the government. The employee and employer will also have copies of that contract. China is far from a "country without laws", as anyone practicing here professionally will tell you. Especially when it comes to contract matters, if you have a contract to show the court and have other proof of wrongdoing, you have a good shot at winning, even if you are a foreigner. Beyond that, I think his blog failed to achieve his goal and basically just resulted in his public embarrassment. Mr. Brauer graduated from a reputable US law school and I'm assuming he's passed the bar in the United States, as such I'd imagine he has a respect for the law that such training gives you. When I made my statements about what he was (and still is) doing, I just couldn't believe anyone with a legal background would toss the law to the side (as well as logic) and turn to a blog to "fix" the problem. And now I've just given him more time than he deserves...
PS: I've worked in different capacities for 2 Chinese law firms and have yet to see anything illegal or out of the ordinary take place in either. Having spent time at one of China's top firms, I can say there is very little difference between them and any Western firm in China, the lawyers are equally professional and have tons of experience, both abroad (in the US and UK) and in China, having attending top universities and worked at major firms. The only real difference is that they typically charge half the price (still pretty pricey, as Mr. Brauer is correct to put it at around US$425) than Western firms in China.
PPS: Beer is a favorite topic around here and when Mr. Brauer posted on it, his lack of knowledge about China came shining through. Not only that, but it appears he pretty much hates the country, too. Sure, in the sticks foreign brands probably can't compete and in most cases won't even try, but in the cities where the choice is between a RMB3 Yanjing, an RMB5 Bud, and an RMB8 Heineken, the consumer often will go for the foreign brand. Further, foreign brand penetration in restaurants is extremely high, where that 1 RMB beer is sold for anywhere between RMB10-50.
PPPS: Even by Mr. Brauer's standards and assuming that everything he says is true, that he was wronged by Zhong Lun, that he is mentally stable, and that he quit (instead of being fired), is there any reason at all to call out a young lawyer like this(including posting her picture) who did nothing to hurt him. That is just low.
As Jigga said, "we bring a knife to a fist fight, kill your drama." I'm a Chicago boy and that's the Chicago way.
However, it was with a bit of surprise that I found out that everyone's favorite launderer is back and better (or worse, depending on your feelings) than ever. That's right, the China Lawyer Blog is once again attacking Zhong Lun, still sharing firm emails, and going so far as to print a partner's US real estate holdings, he's even gone so far as to create a dummy blog for Zhong Lun. I'm still not 100% sure this isn't 1 big joke, though the dummy site and some news stories in US legal journals make that seem unlikely.
That's all well and good, it was fun at first, but now its getting old, and, in some of the posts, pretty juvenile. Yet, when he calls me out, that's when its on and, trust son, I hold things down like Money May. I'm really left to wonder what Mr. Brauer's own resume looks like (for the record, I'm a US-licensed lawyer) and what kind of experience he has in the US. He states that I:
had obviously difficulty reconciling his feelings that what what he was readingForgiving the grammar, anyone who read the original post from which he pulls a "quote" from, would have come away with the impression that no matter if what Mr. Brauer is referring to is true or not, it still doesn't make sense to blog about it. Not only will it create distrust with any future employers (which is probably why he's now working for himself), it also is completely ineffective (which is why he's yet to collect his money).
was morally right, but that nothing should be done about it.
I hope if/when he sues Zhong Lun in the US he does a better job quoting case precedent than he does quoting from my blog, as any judge (or more likely judicial clerk) who views what he is actually citing would see that it is completely against him. I've always been taught never to burn bridges and I just can't see why when leaving a firm, anyone would do something like that, it is rife with immaturity. Unless you are writing a blog for your employer or your company, there is no reason to use your blog to go into details about your job and especially not to badmouth your job or company, doing so is just asking for trouble (both ethically and from your employer). I don't consider what Mr. Brauer did, or is doing, to be morally right, I don't think a blog is the proper forum for what he is doing. There's a difference between going to a bar and shooting the shit with some friends, talking about how much you hate your job and doing so on the web.
One small example of Mr. Brauer's complaints about Zhonglun was about fake versions of computer software. I think software piracy is a common problem in China and that Chinese companies (including law firms) use pirated software, but I'd like to see all the legit licenses for software at the China offices of a Magic Circle or big NY law firm in China. For that matter, I'm sure Mr. Brauer would never go out and purchase pirated DVDs, since he is so concerned with intellectual property.
As for the second part of his quote, I never said that nothing should be done. First and foremost, if he really wants to get his money, he should simply sue in Chinese court. When securing a work visa in China, a signed copy of the employment contract must be submitted to the government. The employee and employer will also have copies of that contract. China is far from a "country without laws", as anyone practicing here professionally will tell you. Especially when it comes to contract matters, if you have a contract to show the court and have other proof of wrongdoing, you have a good shot at winning, even if you are a foreigner. Beyond that, I think his blog failed to achieve his goal and basically just resulted in his public embarrassment. Mr. Brauer graduated from a reputable US law school and I'm assuming he's passed the bar in the United States, as such I'd imagine he has a respect for the law that such training gives you. When I made my statements about what he was (and still is) doing, I just couldn't believe anyone with a legal background would toss the law to the side (as well as logic) and turn to a blog to "fix" the problem. And now I've just given him more time than he deserves...
PS: I've worked in different capacities for 2 Chinese law firms and have yet to see anything illegal or out of the ordinary take place in either. Having spent time at one of China's top firms, I can say there is very little difference between them and any Western firm in China, the lawyers are equally professional and have tons of experience, both abroad (in the US and UK) and in China, having attending top universities and worked at major firms. The only real difference is that they typically charge half the price (still pretty pricey, as Mr. Brauer is correct to put it at around US$425) than Western firms in China.
PPS: Beer is a favorite topic around here and when Mr. Brauer posted on it, his lack of knowledge about China came shining through. Not only that, but it appears he pretty much hates the country, too. Sure, in the sticks foreign brands probably can't compete and in most cases won't even try, but in the cities where the choice is between a RMB3 Yanjing, an RMB5 Bud, and an RMB8 Heineken, the consumer often will go for the foreign brand. Further, foreign brand penetration in restaurants is extremely high, where that 1 RMB beer is sold for anywhere between RMB10-50.
PPPS: Even by Mr. Brauer's standards and assuming that everything he says is true, that he was wronged by Zhong Lun, that he is mentally stable, and that he quit (instead of being fired), is there any reason at all to call out a young lawyer like this(including posting her picture) who did nothing to hurt him. That is just low.
As Jigga said, "we bring a knife to a fist fight, kill your drama." I'm a Chicago boy and that's the Chicago way.
2007/11/26
Bits and Pieces from Around the Web
On the heels of yesterday's news about China's World Cup draw, the team manager (not coach), has called it China's "worst draw ever." This will be China's 8th attempt at qualifying, only once has the team been successful.
In other sporting news, check out some interesting articles on golf in China, as well as a book project on the subject, at Par for China (h/t to Shanghaiist).
A very scary picture is painted of how one goes about setting up a company when challenged with bribery and corruption in smaller towns in China in this article on Danwei. However, I'm left to wonder how much of this bribery would have been necessary and how much of it was just the wrong strategy by the business owners who implemented it. The article seems to state that they never tried taking a more normal path and instead resorted to bribery from the get go.
CLB's entry on advice for anyone who wants to break into the Chinese law field is interesting and mirrors most of what I tell people when I get the same question. Like any specialized area, networking is crucial and keeping up to date on the important changes also can go a long way.
And I'm a day late and dollar short as everyone and his brother has already linked to the NY Times article on Rock in China, but here goes. For my money, the most interesting change over the past 2-3 years has been the diversity of the acts who are coming over. In the past, it used to be limited to the pop "tarts", but now hip hop, hard rock, and alternative are all growing. It would have been interesting if the article looked at Okayplayer's focus on China, considering in the past 2 years Common, The Roots, and Talib Kweli have all made stops here. In any case, here's hoping Jay-Z will try again and this time be allowed to do his big pimpin' in Beijing.
In other sporting news, check out some interesting articles on golf in China, as well as a book project on the subject, at Par for China (h/t to Shanghaiist).
A very scary picture is painted of how one goes about setting up a company when challenged with bribery and corruption in smaller towns in China in this article on Danwei. However, I'm left to wonder how much of this bribery would have been necessary and how much of it was just the wrong strategy by the business owners who implemented it. The article seems to state that they never tried taking a more normal path and instead resorted to bribery from the get go.
CLB's entry on advice for anyone who wants to break into the Chinese law field is interesting and mirrors most of what I tell people when I get the same question. Like any specialized area, networking is crucial and keeping up to date on the important changes also can go a long way.
And I'm a day late and dollar short as everyone and his brother has already linked to the NY Times article on Rock in China, but here goes. For my money, the most interesting change over the past 2-3 years has been the diversity of the acts who are coming over. In the past, it used to be limited to the pop "tarts", but now hip hop, hard rock, and alternative are all growing. It would have been interesting if the article looked at Okayplayer's focus on China, considering in the past 2 years Common, The Roots, and Talib Kweli have all made stops here. In any case, here's hoping Jay-Z will try again and this time be allowed to do his big pimpin' in Beijing.
2007/08/13
Another Good Old Blog Wrap Up
Having spent so much time abroad, I understand that when it comes to certain things, especially understanding sarcasm, Chinese have a hard time with comedy. That said, I don't get what others, including Zhongnanhai, who I also recently praised, find funny about the f.u.c.k.u China line of tshirts some enterprising idiot came out with. The "designer" offered the excuse that the line stands for the "fascinating & urban collection: kiss you China." Yes, Chinglish for the Chinese, umm...except, I call bullshit. Further, I don't see how its meant as a "joke on China's rampant pirating of the fashion company's products." I have no idea who Phillip Plein is, nor have I heard of his "fashion company." Perhaps what was meant is China's pirating of the products of famous fashion companies, though one of those wouldn't be Mr. Plein's company. I don't agree that its "hurting the feelings of the Chinese people," but it is extremely insulting and not at all funny.
On another note, I have long though that Wang Zhizhi didn't get the respect that he deserved. In the Dazhi-Yao Ming sweepstakes, I was always for Dazhi and believed he would be an NBA star, boy was I wrong, though I still remember fondly watching him play Jordan and the Wizards and Dazhi "going off" for something like 8 points. In any case, I'm glad to see that somebody else at least thinks he should be back in the "Association" and getting some minutes.
Guangzhou Bang is an up-and-coming new blog that I've really enjoyed reading lately, I also find their speculation that the CCTV firings has something to do with the newly released Labor Contract Law very interesting, as the law is something I've spent a lot of time researching recently.
It's not a blog article, but Shenzhen Daily reports on the stories that have set the Chinese language blogosphere alight in the early part of 2007, I wonder if the early exit from the Asian Cup will make the year end wrap up.
Having just read the very interesting and insightful Yan Geling book "The Uninvited" and understanding a bit about the "money for your troubles" that goes to journalists, I found the comments of China Economic Review on a recent FT article about money and journalists in China a great read.
That's all for now...
On another note, I have long though that Wang Zhizhi didn't get the respect that he deserved. In the Dazhi-Yao Ming sweepstakes, I was always for Dazhi and believed he would be an NBA star, boy was I wrong, though I still remember fondly watching him play Jordan and the Wizards and Dazhi "going off" for something like 8 points. In any case, I'm glad to see that somebody else at least thinks he should be back in the "Association" and getting some minutes.
Guangzhou Bang is an up-and-coming new blog that I've really enjoyed reading lately, I also find their speculation that the CCTV firings has something to do with the newly released Labor Contract Law very interesting, as the law is something I've spent a lot of time researching recently.
It's not a blog article, but Shenzhen Daily reports on the stories that have set the Chinese language blogosphere alight in the early part of 2007, I wonder if the early exit from the Asian Cup will make the year end wrap up.
Having just read the very interesting and insightful Yan Geling book "The Uninvited" and understanding a bit about the "money for your troubles" that goes to journalists, I found the comments of China Economic Review on a recent FT article about money and journalists in China a great read.
That's all for now...
2007/07/09
When Pirates Kill...
It was a bit shocking this week when the story of a young man in Lanzhou who was killed when his mobile phone battery exploded was splashed all over the news. These kinds of incidents have gotten wide coverage in the US for awhile and it would stand to reason that many, many more Chinese use off-brand batteries (or worse) and yet this was really the first public case of a major mobile phone incident. That was quickly followed up, though, with news that batteries are exploding all over, including here in Guangdong. There was also another interesting story in the local papers on Monday, within 24 hours of the release of the iPhone, a local Guangdong company released an almost identical mobile phone.
As I have seen on a daily basis from work, mobile phone piracy issues are huge in China. Major multinationals put up huge amounts of money and investigators and lawyers go chasing after the pirates. Much of the time, the phones aren't totally fake, but contain a number of real parts or have just entered China illegally to avoid tariffs. The reality is that this is a huge problem, but instead of hearing about it, the focus when people talk about IP is always on movies and cd's. Are Motorola's lobbying forces not as powerful as Hollywood? What's more important, a RMB10 disc that a person may only watch once or a RMB2000 phone which they'll use on a daily basis?
When purchasing movies, a buyer and seller both know that they are technically doing something illegal. Yet, with mobile phones, often the seller, and sometimes even the buyer, won't be aware of the dubious nature of the goods that are being sold. Also, the problem isn't restricted simply to small, hole-in-the-wall locations, you can find fake phones for sale at large electronics malls and fancy shopping centers.
So why is the US so focused on movies and not phone? Is it because, with the exception of Motorola, most of the major mobile phone companies are foreign (often European or Korean)? Is it because in the case of movies, both parties know they are doing something "wrong?" But, wouldn't that be all the more reason to go after those who sell (and especially manufacture) the fake mobiles? Further, its a problem that touches the US more than movies, because many phone sellers on eBay are Chinese or selling (fake) phones that originate in China.
So why aren't we talking about this more? Is it the power of Hollywood's lobby or is it too difficult to catch the sinners because they are all around us and not as blatant?
As I have seen on a daily basis from work, mobile phone piracy issues are huge in China. Major multinationals put up huge amounts of money and investigators and lawyers go chasing after the pirates. Much of the time, the phones aren't totally fake, but contain a number of real parts or have just entered China illegally to avoid tariffs. The reality is that this is a huge problem, but instead of hearing about it, the focus when people talk about IP is always on movies and cd's. Are Motorola's lobbying forces not as powerful as Hollywood? What's more important, a RMB10 disc that a person may only watch once or a RMB2000 phone which they'll use on a daily basis?
When purchasing movies, a buyer and seller both know that they are technically doing something illegal. Yet, with mobile phones, often the seller, and sometimes even the buyer, won't be aware of the dubious nature of the goods that are being sold. Also, the problem isn't restricted simply to small, hole-in-the-wall locations, you can find fake phones for sale at large electronics malls and fancy shopping centers.
So why is the US so focused on movies and not phone? Is it because, with the exception of Motorola, most of the major mobile phone companies are foreign (often European or Korean)? Is it because in the case of movies, both parties know they are doing something "wrong?" But, wouldn't that be all the more reason to go after those who sell (and especially manufacture) the fake mobiles? Further, its a problem that touches the US more than movies, because many phone sellers on eBay are Chinese or selling (fake) phones that originate in China.
So why aren't we talking about this more? Is it the power of Hollywood's lobby or is it too difficult to catch the sinners because they are all around us and not as blatant?
2007/07/08
The Survey Says: Foreigners, Set an Example!
There has been an explosion of posts over the past few days and hopefully this pace will continue (as long as I keep having things to blog about at least). Hey, everyone, it's hard being on a server that is blocked in China, so again, please vote for me! I'm still considering changing to one of the other popular blog servers, but then again, there is no guarantee one of those won't get blocked again in the near future, so we'll see...
Speaking of being blocked, China Law Blog was blocked for awhile here, but thanks to their fancy email subscriber, I was still able to read their posts behind the Great Fire Wall. I know this is the second time today I'm talking about it, but it has been so relevant lately that it's hard not to talk about it. If you don't know about the blog or haven't heard of the writer of the blog and you consider yourself informed on Chinese issues, you must have been under a rock recently because its gottehttp://www.blogger.com/img/gl.link.gifn itself splashed all over the place. Not that they need anymore free advertising over there, but thought I'd put in a good word (haha, perhaps being overly polite is enough to jump onto a blog roll?)...
In this post, though, the gloves will come off a bit. Dan had a great post a few weeks ago entitled "Take Advantage of China's Rampant Employment Discrimination." It's a topic that in one respect or another, I've been talking about since the start of this blog (come on, a restaurant in the dark that doesn't hire blind employees???). His post is based on an article from Xinhua on a survey conducted, the most interesting (to me at least) results of which is that 86% of people responded that discrimination is a problem and 51% viewed it as serious (the article can be found here). The survey also stated that 22% of those surveyed stated that they'd been denied a job due to their physical disability (though no data was available as to what percentage this was of disabled participants, my guess is close to 100%).
Every kind of imaginable discrimination exists in China. If you aren't a graduate from a top college who is fully healthy, has a big city hukou, and is relatively young (and of course not gay or HIV-positive), you might have a chance getting a good job with a top company/firm in Beijing, Shanghai, or Shenzhen. If you don't satisfy those criteria, good luck. I'm not sure how it is for women or older people or even homosexuals, but if you're disabled, you're basically screwed. First, if its a sensory disability, umm, sorry, you're screwed. If it's a problem with one or more limbs (due to amputation, paralysis, polio, etc), you're luck is a little better, but it all depends on if your parents were able to convince the school to let you in and possibly even be forced to carry you to school everyday. Okay, it seems I'm repeating myself, because I am, just go back and read this post.
It is a bad sign for a country when you need foreigners to solve your problems for you. Yet when it comes to job discrimination, Chinese are just going to go on discriminating, its slowly improving, but I doubt we'll see a Chinese ADA with teeth in my lifetime. Therefore, it is up to those foreign companies in China to take up the torch for the disabled (or the women, or those from the countryside) and give them opportunities. These foreign companies, the US ones at least, in the US would be forced to follow the ADA, so why shouldn't they be held to the same standards in China?
It's time for people like Mr. Harris and other foreign business leaders to step up and use their clout for the purposes of good. Take a chance on hiring a skilled disabled (or women, old, rural, whatever) employee, they are out there and they're probably also even harder workers than those who didn't have to fight so much on a daily basis to get where they are.
Speaking of being blocked, China Law Blog was blocked for awhile here, but thanks to their fancy email subscriber, I was still able to read their posts behind the Great Fire Wall. I know this is the second time today I'm talking about it, but it has been so relevant lately that it's hard not to talk about it. If you don't know about the blog or haven't heard of the writer of the blog and you consider yourself informed on Chinese issues, you must have been under a rock recently because its gottehttp://www.blogger.com/img/gl.link.gifn itself splashed all over the place. Not that they need anymore free advertising over there, but thought I'd put in a good word (haha, perhaps being overly polite is enough to jump onto a blog roll?)...
In this post, though, the gloves will come off a bit. Dan had a great post a few weeks ago entitled "Take Advantage of China's Rampant Employment Discrimination." It's a topic that in one respect or another, I've been talking about since the start of this blog (come on, a restaurant in the dark that doesn't hire blind employees???). His post is based on an article from Xinhua on a survey conducted, the most interesting (to me at least) results of which is that 86% of people responded that discrimination is a problem and 51% viewed it as serious (the article can be found here). The survey also stated that 22% of those surveyed stated that they'd been denied a job due to their physical disability (though no data was available as to what percentage this was of disabled participants, my guess is close to 100%).
Every kind of imaginable discrimination exists in China. If you aren't a graduate from a top college who is fully healthy, has a big city hukou, and is relatively young (and of course not gay or HIV-positive), you might have a chance getting a good job with a top company/firm in Beijing, Shanghai, or Shenzhen. If you don't satisfy those criteria, good luck. I'm not sure how it is for women or older people or even homosexuals, but if you're disabled, you're basically screwed. First, if its a sensory disability, umm, sorry, you're screwed. If it's a problem with one or more limbs (due to amputation, paralysis, polio, etc), you're luck is a little better, but it all depends on if your parents were able to convince the school to let you in and possibly even be forced to carry you to school everyday. Okay, it seems I'm repeating myself, because I am, just go back and read this post.
It is a bad sign for a country when you need foreigners to solve your problems for you. Yet when it comes to job discrimination, Chinese are just going to go on discriminating, its slowly improving, but I doubt we'll see a Chinese ADA with teeth in my lifetime. Therefore, it is up to those foreign companies in China to take up the torch for the disabled (or the women, or those from the countryside) and give them opportunities. These foreign companies, the US ones at least, in the US would be forced to follow the ADA, so why shouldn't they be held to the same standards in China?
It's time for people like Mr. Harris and other foreign business leaders to step up and use their clout for the purposes of good. Take a chance on hiring a skilled disabled (or women, old, rural, whatever) employee, they are out there and they're probably also even harder workers than those who didn't have to fight so much on a daily basis to get where they are.
Can't Take My Eyes Off the Train Wreck (aka Career Suicide Was Never This Funny)
There are lawyers in China who are writing blogs, there aren't many, but they do exist...Of course there is Steve Dickinson of the Chinalawblog (which is finally accessible again in China!! And his partner, Dan Harris, sure has been getting an extended moment of fame as of late), I believe the guy behind the Black China Hand is a lawyer, unfortunately I haven't been able to read that blog for awhile due to its being blocked, and of course there is yours truly.
Yet my job and my bloglife are two separate things and so I will rarely bring up job matters on my blog, I would never mention my firm's name and would never say anything negative about anyone associated with the firm. Why? I like my job, but even beyond that, I want to be able to get a job in the future. That's when I saw The Life of a US Lawyer at a Chinese Law Firm (hat tip, again to Mr. Harris), I was more than a bit shocked. There are a lot of little differences that exist at Chinese law firms as compared to US ones, and it has a lot to do with the culture differences. My current firm, for all intents and purposes, runs almost exactly like a Western firm, it has to, that's how we get the top Western clients we do. However, I interned with a Chinese firm where there would be naps after lunch, meals with Party leaders, and other interesting activities that you wouldn't expect at a Western law firm (let me state that there was NEVER anything illegal (well, beyond software piracy)).
You can therefore understand my shock when the differences talked about by that US lawyer, going beyond the realm of just discussing cultural differences and instead issuing a full on attack against the ZhongLun Law Firm, one of China's top firms. The reality is that almost everything he talks about appears to be true, but...why talk about it? As a lawyer, this is Reason Number 1 why not to have a blog, but then again, nobody is forcing that kind of irresponsibility. It's a bit appalling, too, because some of what he talks about (the arcane nature of Chinese laws, the Office IT guy, bribery) are important problems and a rational blog could have a lot of good things to say. Instead, his blog seems more of a bitter outlet to attack a highly respected firm, I wonder what kind of effect this might have on ZhongLun. If the lawsuit against this guy comes (and I'm sure it will), I can't imagine him having much hope. Well, I can't wait for the next installment, the accident just keeps getting worse and worse and it was never more fun!!!
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I don't want to make a big deal out of it, but I saw that I'm getting my ass kicked by a few other blogs, so I'll put a plea out, though I know its a bit late. This blog is elgible in the Chinalyst best blog voting. You can go here to VOTE. FOR. ME! Just click on that plus, that's all you need to do...I know there hasn't been a lot of new content lately, but there's a good story (or combo of stories) as to why, vote for me, and I will tell you, okay?
Yet my job and my bloglife are two separate things and so I will rarely bring up job matters on my blog, I would never mention my firm's name and would never say anything negative about anyone associated with the firm. Why? I like my job, but even beyond that, I want to be able to get a job in the future. That's when I saw The Life of a US Lawyer at a Chinese Law Firm (hat tip, again to Mr. Harris), I was more than a bit shocked. There are a lot of little differences that exist at Chinese law firms as compared to US ones, and it has a lot to do with the culture differences. My current firm, for all intents and purposes, runs almost exactly like a Western firm, it has to, that's how we get the top Western clients we do. However, I interned with a Chinese firm where there would be naps after lunch, meals with Party leaders, and other interesting activities that you wouldn't expect at a Western law firm (let me state that there was NEVER anything illegal (well, beyond software piracy)).
You can therefore understand my shock when the differences talked about by that US lawyer, going beyond the realm of just discussing cultural differences and instead issuing a full on attack against the ZhongLun Law Firm, one of China's top firms. The reality is that almost everything he talks about appears to be true, but...why talk about it? As a lawyer, this is Reason Number 1 why not to have a blog, but then again, nobody is forcing that kind of irresponsibility. It's a bit appalling, too, because some of what he talks about (the arcane nature of Chinese laws, the Office IT guy, bribery) are important problems and a rational blog could have a lot of good things to say. Instead, his blog seems more of a bitter outlet to attack a highly respected firm, I wonder what kind of effect this might have on ZhongLun. If the lawsuit against this guy comes (and I'm sure it will), I can't imagine him having much hope. Well, I can't wait for the next installment, the accident just keeps getting worse and worse and it was never more fun!!!
-------------------------------------------------------------------------------------
I don't want to make a big deal out of it, but I saw that I'm getting my ass kicked by a few other blogs, so I'll put a plea out, though I know its a bit late. This blog is elgible in the Chinalyst best blog voting. You can go here to VOTE. FOR. ME! Just click on that plus, that's all you need to do...I know there hasn't been a lot of new content lately, but there's a good story (or combo of stories) as to why, vote for me, and I will tell you, okay?
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