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Practical legal analysis

Legal Analysis

Analysis of PRC legal issues drawn from practical experience, together with longer evergreen guides for readers new to a subject. Written for businesses in Hunan and international clients. Each piece is general information and not legal advice.
Commercial DisputesAnalysis15 min read

A Consultant Offered to Erase the Company's Record. The Decision Was Never Theirs to Sell.

Credit repair in China is a free, application-based administrative procedure. Court judgments, enforcement listings and tax arrears announcements sit outside it, and the undertaking that carries the whole process is signed by the company, not by its agent.

Read moreA Consultant Offered to Erase the Company's Record. The Decision Was Never Theirs to Sell.

Commercial DisputesAnalysis9 min read

A Doctor Took Less Than $5,000 in Kickbacks. Regulators Traced It to a Listed Drugmaker Three Companies Away.

A few thousand yuan in kickbacks reached a Shenzhen-listed drugmaker three companies upstream. The case shows why liability-shifting clauses in China's CSO agreements do not survive a look-through compliance review.

Read moreA Doctor Took Less Than $5,000 in Kickbacks. Regulators Traced It to a Listed Drugmaker Three Companies Away.

GovernanceAnalysis10 min read

The Board Had the Votes to Remove the General Manager. Ten Missing Days Undid the Decision.

A Shanghai court revoked a board resolution removing a joint venture's general manager because the meeting notice was too short. Here is how PRC Company Law Article 26 polices board procedure — and why a joint-venture contract, on its own, may not protect you.

Read moreThe Board Had the Votes to Remove the General Manager. Ten Missing Days Undid the Decision.

Distressed AssetsAnalysis30 min read

Private Equity Fund Risk Resolution and Manager Continuity: A Practical Legal Framework

For most privately owned PE managers who built their business outside Beijing, Shanghai and Shenzhen, the traditional model is dead. They raised on an IPO exit that no longer exists, and they lack the LP base, the deal flow and the secondary market access that let first-tier institutions simply wait. What remains is a book of distressed positions already being administered — and the only real decision is whether that work is booked as failure or rebuilt as a special-asset management practice.

Read morePrivate Equity Fund Risk Resolution and Manager Continuity: A Practical Legal Framework

Corporate TransactionsAnalysis8 min read

The Hidden Legal Risks in Acquiring a China Data Center — Part A: License, Ownership & Deal Structure

Part A of a three-part series on acquiring a China data center: why these are deals for scarce, regulated rights rather than real estate, and how the operating license and foreign-investment access decide whether the transaction can happen at all.

Read moreThe Hidden Legal Risks in Acquiring a China Data Center — Part A: License, Ownership & Deal Structure

Corporate TransactionsAnalysis8 min read

The Hidden Legal Risks in Acquiring a China Data Center — Part B: Infrastructure Risks Buyers Don't See Coming

Part B of the series: five infrastructure risks a standard document review misses in China data center deals — internet resources (IP/ASN/BGP), carrier agreements, land and fire safety, energy quota and power capacity, and change-of-control in customer contracts.

Read moreThe Hidden Legal Risks in Acquiring a China Data Center — Part B: Infrastructure Risks Buyers Don't See Coming

Corporate TransactionsAnalysis9 min read

The Hidden Legal Risks in Acquiring a China Data Center — Part C: Money, Data & the People Who Keep the Lights On

Part C of the series: the risks that surface in the numbers and the org chart — cybersecurity and data-protection exposure, equipment financing leases, change-of-control in financing documents, and retaining the key operations team after closing.

Read moreThe Hidden Legal Risks in Acquiring a China Data Center — Part C: Money, Data & the People Who Keep the Lights On