Our Voices

SEC Assembles Cyber Unit to Target Cyber-Related Misconduct

The Securities and Exchange Commission announced last month that its Enforcement Division has formed a Cyber Unit to tackle cyber-based threats and protect investors.[1] According to the SEC’s press release, the Cyber Unit will focus on cyber-related misconduct including

China Introduces Its First Investment Dispute Arbitration Rules as ICSID Alternative

On September 19, by press release from the China Council for the Promotion of International Trade (“CCPIT”)1, China’s first investment dispute arbitration rules (the “Rules”) were announced. The Rules are set to come into effect on October 1, 2017. According to CCPIT, in light of China’s increased presence in international investment, and concerns over the lack of comprehensive investment legal systems in those countries covered by the Belt and Road Initiative, China invested much effort involving multiple agencies to research on and draft the Rules providing for an investment dispute resolution mechanism for the region. CKR has obtained a copy of the new Rules. Based on our review, we have identified the unique features.

China Halts Token Offerings but Signals Support for Blockchain Technology

On September 4, the People’s Bank of China (“PBoC”), along with six other Chinese government administrations, including the Securities Regulatory Commission and the Banking Regulatory Commission issued a notice (the “Notice”)1, in which a token offering (also known as an initial coin offering, or “ICO”) is identified as an “illegal public fundraising activity.”

New Balance Wins $1.5 Million in Landmark China Trademark Case

The Suzhou Intermediate People’s Court awarded the Boston, Massachusetts-headquartered firm $1.5 million (RMB 10 million) after three local Chinese shoe manufacturers were found to have infringed its signature trademarked slanting ‘N’ logo.

China State Council Issues Guidelines on Overseas Investment

The Office of the State Council of the People’s Republic of China recently issued an opinion, or guidelines, that could substantially change economic investment priorities coming out of China. This is the first time the PRC government has weighed in on permitted outbound investment (aside from simply restricting the pace at which money can flow out of China).

SEC Suspends Trading of Several Blockchain Companies

In the space of roughly 2 weeks, the U.S. Securities and Exchange Commission (the “SEC”) has temporarily suspended the over-the-counter trading of shares of 2 blockchain related companies pursuant to Section 12(k) of the U.S Exchange Act of 1934.

An Overview of China's New Cybersecurity Law

On June 1, 2017, China’s Cybersecurity Law (the “Cybersecurity Law”) came into effect, marking a step up in the People’s Republic of China (“PRC”) government’s assertion of control over online personal and proprietary information of Chinese persons.

SEC Investigates the DAO on its Initial Coin Offering on Blockchain

Blockchain is an emerging and revolutionary technology which allows data to be stored securely using cryptography on distributed, non-centralized electronic ledgers. Each specific “block” of data is linked to the next related block of data, which is verified by multiple participants across a network of hundreds or thousands of computers, thus creating a “chain” of “blocks”...

5 Key Factors Companies Should Consider When Establishing Operations In China

This article focuses on what larger U.S. and other foreign companies must consider when establishing a physical presence in China. These various factors include an entity structure (e.g., a wholly foreign-owned enterprise or a Chinese joint venture), intellectual property protection, tax and import issues, foreign exchange regulation, labor law compliance, and more.

Memorandum Regarding the Rule of Law

It has lately become the practice of the SRA to make on a regular basis allegations that solicitors have “failed to uphold the rule of law” contrary to SRA Principle 1. In my submission this is being done without an appreciation of what “the rule of law” truly is.