China

Attorneys in Taft’s China practice represent U.S. companies with operations and activities within China, as well as Chinese enterprises conducting business in the U.S. We have broad experience in areas, such as establishing joint ventures, acquiring or creating foreign subsidiaries or branch operations, preparing agency and distributorship agreements, registration of trademarks and copyrights, assisting clients in obtaining letters of credit, and the licensing and transfer of technology and other intellectual property rights.

We understand the different cultures of the business and legal worlds of the two countries, and we have the requisite experience to help our clients bridge the cultural gap. Taft attorneys are not licensed to practice Chinese law, but we are able to work with the appropriate Chinese attorneys so that our clients can be better served. In fact, several of our attorneys have developed significant relationships with Chinese law firms after practicing U.S. law on the ground in China, and we often work with these firms in the best interest of our clients.

Our attorneys’ years abroad give them an understanding of the cultural and legal issues that companies face as they access the global market. Representative services include:

• Counseling U.S. and other foreign business enterprises on the practical aspects of doing business in China, including insights into local legal and business and cultural customs.
• Governmental relations and approvals.
• Due diligence on prospective business partners.
• Cultural insights.
• Coordinating services with Chinese law firms to assist with planning, acquisition and building of China-based manufacturing and other industrial facilities.
• Counseling U.S. businesses on entering into joint ventures and other business partnerships and contractual relationships with Chinese entities.
• Other services that will facilitate a foreign business doing business with Chinese partners and/or making a significant investment in China.
• Counseling Chinese enterprises on doing business in the U.S., including advice on appropriate entity structure, capital formation, vendor and customer relationships, joint ventures with U.S. partners, U.S. taxes and tax treaties and all other legal representation essential to establishing business relationships and successful business ventures in the U.S.

In addition, our attorneys provide advice regarding taxation, transfer pricing, the Foreign Corrupt Practices Act, the United Nations Convention for the International Sale of Goods and other laws affecting international commerce.

Representative Transactions

• Assisted a regional hospital in developing its relationships with China institutions and potential development of disease treatment protocols and products.
• Advised an Ohio plastic company on obtaining manufactured goods in China.
• Assisted a local clothing client in opening a Beijing office.
• Assisted a national furniture manufacturer in sourcing certain components for its manufactured products from China.
• Advised a mechanical connector company regarding using China as a possible source (and customer) for products.
• Assisted a metals industry supplier with business dealings and transactions in China, including assisting with international finance transactions.
• Assisted a client with due diligence for on-going sourcing transactions.
• Assisted a company with direct investment in a joint venture in manufacturing certain materials for its kitchen furniture.
• Assisted a marketing consultation firm in creating a WFOE, thereby enabling it to follow some of its global clients to Shanghai.