In the high-stakes arena of international trade, ignorance is not bliss it is bankruptcy. For over two decades, foreign companies venturing into the Chinese market have faced a labyrinth of opaque regulations, cultural misunderstandings, and fierce competition. Amidst this chaos, one digital beacon has stood out as the definitive source of truth: the China Law Blog, widely known by its domain, cnlawblog. Published by the international law firm Harris Sliwoski, this platform has transformed from a simple legal commentary site into a critical operational manual for CEOs, general counsels, and entrepreneurs worldwide.
Why does a blog matter so much in the world of global jurisprudence? Because doing business in China is fundamentally different from the West. Contracts are viewed differently, intellectual property rights operate on unique timelines, and the “rule of law” has distinct local characteristics. Cnlawblog has gained legendary status by stripping away the sugar-coated advice of consultants and delivering the brutal, necessary realities of Chinese legal enforcement. This article delves deep into the significance of cnlawblog, unpacking the essential legal frameworks it champions from NNN agreements to WFOE shutdowns and providing you with the insights needed to protect your business in the world’s second-largest economy.
The Genesis of Cnlawblog: Harris Sliwoski’s Digital Titan
The cnlawblog was not born out of a desire for internet fame, but out of necessity. Founded by Dan Harris and the attorneys at Harris Sliwoski (formerly Harris Moure), the blog emerged as a tool to educate clients who were repeatedly making the same preventable mistakes.
- Origin Story: It started as a way to answer common client questions efficiently.
- Evolution: It quickly grew into a massive repository of case studies, legal analysis, and real-time updates on Chinese regulatory changes.
- Impact: Today, it is frequently cited by major media outlets like the Wall Street Journal and The Economist for its unvarnished take on China-US commercial relations.
The blog’s longevity is a testament to its quality. In a digital age where content is often generated by AI or “content farms,” cnlawblog stands apart because it is written by practicing lawyers who are actually in the trenches, litigating cases and drafting contracts daily.
Why “Guanxi” Isn’t Enough: The Blog’s Core Philosophy
One of the most persistent myths in doing business in China is the reliance on guanxi (relationships) over written contracts. For years, foreign consultants told Western businesses that a handshake and a few banquets were more important than a sealed document. Cnlawblog has spent years dismantling this dangerous myth.
The blog argues that while relationships are important, they are not a substitute for legal leverage. When a deal goes sour, guanxi evaporates, and you are left with your contract. If that contract is weak, your business is defenseless. The blog’s philosophy is clear: Good contracts make for good relationships.
NNN Agreements: Beyond the Standard NDA
If you search cnlawblog for one specific term, it should be the “NNN Agreement.” The blog famously coined and popularized this concept, explaining why a standard Western Non-Disclosure Agreement (NDA) is virtually useless in China.
An NNN agreement covers three critical pillars:
- Non-Disclosure: Preventing the factory from sharing your secrets.
- Non-Use: Preventing the factory from using your design to make products for themselves.
- Non-Circumvention: Preventing the factory from bypassing you to sell directly to your customers.
The blog emphasizes that without the “Non-Use” and “Non-Circumvention” clauses, a Chinese factory could legally manufacture your product and sell it to your competitors, provided they didn’t technically “disclose” your secrets to the public.
WFOE Formation and the New Era of Shutdowns
For years, the Wholly Foreign-Owned Enterprise (WFOE) was the gold standard for entering China. Cnlawblog provided step-by-step guides on establishing these entities. However, the narrative has shifted. In the post-2020 economic climate, the blog has pivoted to a new, critical topic: How to shut down a WFOE.
- The Difficulty: Closing a business in China is significantly harder than opening one.
- The Risk: Walking away without a formal shutdown can lead to the “blacklisting” of legal representatives.
- The Solution: The blog outlines strict liquidity audits and tax clearance procedures required to exit the market without personal liability.
Intellectual Property Rights: The “First to File” Reality
Western companies often assume they own a trademark because they used it first. Cnlawblog relentlessly educates readers on China’s “First to File” system. If a squatter registers your brand name before you do, they own it. Period.
The blog is filled with horror stories of established American brands being held for ransom by trademark squatters. The advice is simple and repetitive for a reason: Register your IP in China before you even speak to a potential manufacturer. This includes registering the name in English and its Chinese character equivalent.
Manufacturing Contracts: The OEM Agreement Essential
Sourcing products from China requires a robust Original Equipment Manufacturer (OEM) agreement. Cnlawblog advises against using purchase orders (POs) as the sole legal document. A PO tells the factory what to make, but an OEM agreement tells them how to behave.
Key elements championed by the blog include:
- Contract Damages: Pre-agreed financial penalties for delays or quality issues.
- Jurisdiction: Ensuring disputes are resolved in a court that actually has power over the factory (usually a Chinese court), rather than a U.S. court whose judgment is unenforceable in China.
Employment Law Pitfalls: Hiring and Firing in China
China has some of the most pro-employee labor laws in the world. Cnlawblog serves as a warning siren for foreign employers who attempt to bring “at-will” employment practices to China.
- Written Contracts: You must have a written contract with every employee. Failing to do so forces you to pay double wages.
- Termination: You cannot simply fire an employee for poor performance without a rigorous, documented process.
- The Handbook: The blog stresses the importance of a company rulebook (Employee Handbook) that is signed by the employee to justify any disciplinary actions.
Dispute Resolution: Arbitration vs. Chinese Courts
A common topic on cnlawblog is the debate between arbitration and litigation. Many Western lawyers instinctively choose arbitration in Hong Kong or Singapore. However, the blog often argues counter-intuitively for litigation in mainland Chinese courts.
Why? Because arbitration awards can be difficult to enforce. If you win a lawsuit in a Chinese court, the judge can directly order the seizure of assets. The blog provides a nuanced view on when to choose which path, depending on the size of the contract and the location of the counterparty.
Navigating Geopolitical Tensions and Tariffs
As trade wars and geopolitical tensions rise, cnlawblog has evolved to cover macro-level risks. The authors analyze how U.S. tariffs, export controls, and China’s anti-espionage laws impact daily business operations.
The blog advises companies on supply chain diversification not just as a business strategy, but as a legal necessity to avoid sanctions or crippling tariffs. It bridges the gap between high-level international relations and on-the-ground compliance.
Fraud Prevention: Spotting the “Fake” Company
One of the most valuable contributions of cnlawblog is its work on fraud prevention. The authors have exposed dozens of common scams targeting foreign buyers.
- The “Paper” Company: Entities that exist only on a website but have no factory.
- Bank Account Switches: Scammers hacking emails to request payment to a new bank account.
- The “Changing Logic”: The blog teaches readers how to verify a company’s business license to ensure the entity they are paying is the same entity that is manufacturing the goods.
The Role of Dan Harris: The Voice Behind the Blog
No article on cnlawblog would be complete without mentioning Dan Harris. His writing style direct, authoritative, and occasionally abrasive defines the blog’s tone. He does not sugarcoat bad news.
This “tough love” approach builds trust. Readers know they aren’t being sold a service; they are being warned of a cliff. His thought leadership has shaped how an entire generation of lawyers and business people approach China law.
Data Privacy and Cybersecurity Laws
With the introduction of China’s Personal Information Protection Law (PIPL), cnlawblog has become a primary resource for compliance. The blog explains how data localization requirements affect foreign companies.
- Cross-Border Transfer: Restrictions on moving data out of China.
- Employee Data: How to legally handle the HR data of Chinese employees.
- Compliance Audits: The necessity of regular checks to avoid massive fines.
Sourcing Scams: Real-world Case Studies
The blog often uses anonymized case studies to illustrate points. These stories are invaluable for learning from others’ mistakes.
One famous recurring example involves the “mold fee” scam, where a factory claims they need money to create a custom mold, takes the cash, and then claims the mold broke or holds it hostage to force a price increase. Cnlawblog outlines exactly how to draft a Mold Ownership Agreement to prevent this.
The Shift to “China Plus One” Strategies
Recognizing the changing tides, cnlawblog now frequently discusses the “China Plus One” strategy—moving some manufacturing to Vietnam, Thailand, or Mexico.
The blog provides legal comparisons, warning that while these countries may have lower labor costs, their legal infrastructure is often less developed than China’s. It helps companies weigh the legal risks of diversification against the geopolitical risks of staying put.
Educational Value for Students and Professionals
Beyond the boardroom, cnlawblog is a staple in law school classrooms. It bridges the gap between academic theory and practice.
- For Students: It offers a glimpse into the real life of an international transaction lawyer.
- For Professionals: It acts as continuing education, keeping practitioners updated on the latest Supreme People’s Court interpretations.
Future of Doing Business in China: Insights from the Blog
What does cnlawblog say about the future? The tone has undoubtedly become more cautious. The days of “easy money” in China are over.
The future, according to the blog, belongs to companies that are hyper-compliant. The Chinese government is becoming more sophisticated in tax and regulatory enforcement. Success now requires a professionalized, legally rigorous approach, abandoning the “Wild West” mentality of the early 2000s.
Comparison: NDA vs. NNN Agreement
The following table highlights why cnlawblog advocates for NNN agreements over standard NDAs when dealing with Chinese manufacturers.
| Feature | Standard NDA (Western Style) | NNN Agreement (China Centric) |
| Primary Focus | Preventing disclosure of secrets to the public. | Preventing usage and direct competition. |
| Non-Use Clause | Often vague or implied. | Explicitly forbids using IP to manufacture copycat products. |
| Non-Circumvention | Rarely included standardly. | Prevents the factory from selling directly to your clients. |
| Enforcement | Usually U.S. Courts (unenforceable in China). | Chinese Courts (enforceable via asset seizure). |
| Language | English. | Bilingual (Chinese version controls). |
| Official Chop | Signature often sufficient. | Must have the official red company seal (Chop). |
Frequently Asked Questions
1. Is cnlawblog a reliable source for legal advice?
Yes, cnlawblog is considered one of the most authoritative English-language resources on Chinese law. However, it is a blog, not legal counsel. While it provides excellent general information and strategic guidance, specific legal actions should always be taken in consultation with a qualified attorney who understands the specifics of your case.
2. Who writes the China Law Blog?
The blog is published by Harris Sliwoski (formerly Harris Moure), an international law firm. The primary author is Dan Harris, a prominent international lawyer, but articles are also contributed by other attorneys at the firm, including Fred Rocafort and Arlo Kipfer, each specializing in different aspects of international trade and law.
3. What is the difference between an NDA and an NNN Agreement?
As popularized by cnlawblog, an NDA (Non-Disclosure Agreement) mainly protects against secrets being revealed to the public. An NNN (Non-Use, Non-Disclosure, Non-Circumvention) agreement goes further by preventing the factory from using your product ideas to compete with you or circumventing you to sell directly to your customers.
4. Can I sue a Chinese company in a U.S. court?
You can, but cnlawblog often advises against it. Even if you win a judgment in the U.S., Chinese courts generally do not enforce U.S. judgments. It is often more effective to have your contract governed by Chinese law and enforceable in a Chinese court, where you can seize the assets of the defendant.
5. Why does cnlawblog recommend registering trademarks in China immediately?
China operates on a “First to File” system. This means the first person to file paperwork for a trademark owns it, regardless of who actually created the brand or used it first internationally. Cnlawblog emphasizes that trademark squatters will register your brand and hold it hostage if you do not file first.
6. What is a WFOE?
A WFOE (Wholly Foreign-Owned Enterprise) is a limited liability company in China that is 100% owned by foreign investors. It was traditionally the preferred vehicle for foreign businesses to enter China. Cnlawblog provides extensive resources on how to form, manage, and legally shut down a WFOE.
7. Is it still safe to do business in China according to the blog?
The blog suggests that while business is possible, the risks have changed. It highlights increased regulatory scrutiny, stricter data laws, and geopolitical tensions. The advice has shifted from “growth at all costs” to “strict compliance and risk mitigation.”
Conclusion
In the complex and often unforgiving landscape of international trade, cnlawblog serves as an indispensable compass. It has democratized access to high-level legal strategy, saving countless businesses from financial ruin through its relentless advocacy for proper contracts, IP protection, and due diligence.
The lessons from cnlawblog are clear: Hope is not a strategy, and relationships are not contracts. Whether you are a startup manufacturing your first prototype or a multinational corporation restructuring your Asian operations, the insights provided by Harris Sliwoski offer a roadmap to survival. By prioritizing legal leverage over wishful thinking, businesses can navigate the dragon economy not just with courage, but with the armor of enforceable law. For anyone serious about the China market, reading cnlawblog is not optional it is essential due diligence.
