China Business Law Journal - November 2022


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China Business Law Journal – November 2022

Volume 14, Issue 10

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Highlights:

Switching up the winning formula

We have been reminded all too often in recent years that prosperity cannot be taken at face value, nor for granted, and nothing is truly “too big to fail”. Just because an engine has been running for a long time does not mean it is not overdue for refuelling, nor can we rule out the possibility of a flaw in its mechanical design that may one day lead to catastrophe.

The swift and notorious collapse of FTX, mere weeks ago a bona fide crypto juggernaut, serves as the latest example.

It is therefore important, or rather imperative, to keep even the most long-standing winning formula under scrutiny. Even more crucial is to have the wisdom and courage, when the time is right, to improve on perfection.

For the seventh consecutive year, China Business Law Journal has conducted an extensive market survey to determine the most highly recommended lawyer in China’s legal market.

We reached out to thousands of in-house counsel, corporate executives and legal professionals, asking them to recommend lawyers whom they believe to be the most deserving of recognition.

The market response has exceeded our expectations. We received a record number of nominations, which is an encouraging reminder that, even in times of economic slowdown, China’s legal market remains a robust scene of growth. In view of these new heights, we felt the time ripe for an expansion. The A-List 2022 includes 150 practitioners of Chinese law and 120 international lawyers committed to China-related business.

On the topic of a robust legal market, Guangdong province, home to China’s first modern-day law firm, provincial bar association and legal partnership, has been an epitome of growth.

However, homegrown firms are feeling the Success stress, outgunned in the battle for the richest veins of legal advice by bigger, better-known brands that have set up shop in the increasingly competitive neighbourhood, exacerbated by the general economic downturn.

Meanwhile, outsiders are finding it no easy task to overcome the barriers of local firms, with branches of national-scale firms failing to dominate.

They are not alone in the struggle, as disruption brought by global uncertainty pervades the dynamics of the legal workforceBurnout, pandemic and work-life imbalance have caused lawyers across Asia to consider a career outside the same old fish bowl.

ITaking the plunge, we zoom onto what has been dubbed the “great resignation”, the high attrition and talent exodus plaguing Asian law firms, which has seen a migration of many transactional lawyers to the in-house side of legal practice, where there is better workload, certainty and stability, as well as career development taking full advantage of their expertise.

In this issue

Procurement compliance risk and system construction for SMEs

By Liang Muzhou and Lu Zhongrui, ETR Law Firm

Shuffling the PE deck

Under a harsh winter of exits, senior private equity legal practitioners discuss how to adapt to a maturing regulatory framework and fresh game rules dominated by state-background players

Protecting China’s investment in overseas mining

By Mariana Zhong and Zheng Xinming, Hui Zhong Law Firm

Unlocking power of equity governance for listing companies

By Zhao Xun, Grandway Law Offices 
Rights holder counterattack

Rights holder counterattack: Infringement after licence termination

By Frank Liu, Shanghai Pacific Legal
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
Carbon financial products' future

The sunny future of carbon financing

By Chen Sheng and Li Mingyue, Tian Yuan Law Firm
Saudi Arabia’s new regulations construction contracts

Impact of new Saudi regulations on construction contracts

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
arbitration institutions revisit development focalvideo

Gears changing

Leaders of seven leading arbitration institutions review their development highlights and explore future landscape

Reduction rules for VCFs in the capital market, Michelle Luvideo

Reduction rules for VCFs in the capital market

By Michelle Lu, Brightstone Lawyers
China’s banking and insurance penalties

Standardising China’s banking and insurance penalties

By Guang Zhenming, Joint-Win Partners
Countdown-for-insurers-under-Foreign-Investment-Law-L

Countdown for insurers under Foreign Investment Law

By Elsie Shi and George Yu, Jincheng Tongda & Neal
Balancing-interests-behind-key-PE-VC-clauses-L

Balancing interests behind key PE/VC clauses

By Vincent Shen and Sun Jingqiu, Commerce & Finance Law Offices
Secondary fund compliance

Secondary fund compliance and legal concerns

By Ran Lu and Pei Zhihao, Han Kun Law Offices
Challenges facing PE funds

Challenges facing PE funds in buyout investments

By Xiao Fei and Li Wen, Guantao Law Firm
Analysis of the new Company Law

Key concepts analysis of new Company Law

By Dai Haiying, W&H Law Firm
Obstacles, countermeasures to capital reduction by foreign investors, Joyce Zhang, Aurora Zhang

Obstacles, countermeasures to capital reduction by foreign investors

By Joyce Zhang and Aurora Zhang, Llinks Law Offices

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