February 5, 2021
By James Min II[1]   What do the December 1, 2018, arrest of Ms. Meng Wanzhou in Canada on behalf of the United States, the U.S. Presidential Executive Order (E.O.) 13943 of August 6, 2020, banning WeChat, E.O. 13942 of August 6, 2020, banning Tiktok, and most recently E.O. 13971 of January 5, 2020, banning Alipay, QQ Wallet among others, all have in common?  Aside from the geopolitical friction or economic rivalry between China and the United States in recent years, the fact is that they all raise complex legal issues.  Moreover, they highlight the importance of Chinese multinational companies’ need to engage in global  business in even a more sophisticated manner when it comes to the conflict of laws and the extraterritoriality of U.S. export control and sanctions laws, while at the same time, on the U.S. side, it also calls for the need for the U.S. Government to address its concerns with Chinese technological rivalry in a more sophisticated and nuanced manner rather than addressing it with blunt instruments.  As Chinese companies conduct business around the world and become even more technologically advanced, the trend appears to be that they will continue to be targets of many national policies.  Thus, it will be even more important that in-house compliance and legal professionals at Chinese companies or those advising such companies help infuse best practices in not only compliance but in business strategies. Given the size and reach of the U.S. economy, technologies, and its legal system, it will be difficult for Chinese multinational companies to simply ignore or avoid the United States entirely in the near term....
January 28, 2021
With increasing financial sanctions imposed on Chinese companies by the US government in recent years, the practice of long-arm justice is ever more relevant for international business. In this article, we will discuss long-arm justice in the US once we have looked at a brief introduction to similar practices historically in China and international institutions like the UN.
September 23, 2020
Living and working as a lawyer in the US, Asia, Europe and Australia for over 30 years, my legal knowledge and skills were the foundation of my career. But, more than anything, it was a range of non-legal skills and competencies that really helped me to change the way I worked. They allowed me to make more of an impact, enjoy my work more and ultimately be more successful. I’d like to say that it was all part of a master plan, but it wasn’t. It was largely opportunistic and unstructured. I thought to myself that it doesn’t need to be that way for other lawyers. So, in 2015, I decided to form AlternativelyLegal and share my experiences through a program that I initially called Everything But The Law. Back then, only a few people were talking about the importance for lawyers to develop, and to know how to use, non-legal skills such as process improvement, design thinking, business partnering and change management. A lot has changed over the last five years and especially the last twelve months. At a macro level, there has been a general recognition of the importance for all workers to develop what are often referred to as ‘soft skills’.[i] Also, as the World Economic Forum’s Report on the Re-skilling Revolution[ii] highlights, there is a critical and widespread need to re-skill and up-skill to anticipate the advance of technology and adapt to new roles and ways of working. Re-skilling involves learning new skills and competencies for potential new roles and up-skilling involves learning new skills and competencies for career progression within the same role. Does...