China

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If you’re looking to invest or establish operations in China or outsource manufacturing there, look to the lawyers at Miller Canfield.

Miller Canfield was established in 1852 in Detroit, Michigan, USA. With offices in the U.S., Poland and China, we help clients globally.  In 2008, Miller Canfield launched its Shanghai Office. Since then, we have assisted U.S., Canadian, and European clients with legal and business needs in China.  With our assistance and guidance, clients can focus on new sources, growing markets and global opportunities including those in the automotive, pharmaceutical, medical devices, environmental, construction, high tech, and financial services industries.  Our Shanghai office represents multinational companies as well as progressive, closely held small to mid-sized companies and provides cross-border legal services including:

  • Foreign Direct Investment

We help clients set up their business existence in China, whether a joint venture, wholly foreign owed enterprise, regional headquarter or representative office.  We can also help navigate the incentives available and explore the advantages offered by various Industrial Parks, Free Trade Zones and Bonded Logistics Parks.

  • Mergers and Acquisitions

We provide clients with innovative, workable solutions to all forms of M&A transactions for multinational companies, investment banks and private equity firms. We advise clients on leveraged buyouts, split-offs, spin-offs and other recapitalization. 

  • Real Estate and Environmental

We can help obtain land use rights in China or to rent a property and advise manufacturing companies and real estate developers in their commercial, industrial or residential property construction and development.  We have experience in real estate M&A transactions.

We advise clients on environmental compliance matters and can help conduct environmental law due diligence, negotiate and draft environmental law related contracts and agreements, represent in environmental impact assessments, and advise on consent and permit proceedings and disputes related to environmental prosecutions.

  • Banking and Foreign Exchange

We assist clients with their banking and project financing needs. We also help with foreign exchange control issues including profit, royalties remit strategies.  We also represent foreign banks in connection with perfection of their secured interest in China-based companies.

  • Franchising

We counsel clients on various regulatory and operational issues, such as licensing and franchising agreements and government filings with governmental authorities.

  • Employment

We advise on employment contracts, company policies, employment handbooks, and employee benefits plans, provide on-site training and advise on the best ways to protect employers' property and interests. We also assist with secondment arrangements, retrenchment requirements, severance agreements and pension and social insurance obligations. We also assist expats to obtain work visas and residents’ permits in China.

  • Intellectual Property

We assist in all aspects of IP portfolio management in China and the U.S., including identifying IP assets, developing IP strategies and managing IP portfolios that position businesses to take advantage of both legal and business opportunities.  We prepare and prosecute U.S. and foreign patent applications in the areas of pharmaceuticals, biotechnology, nutriceuticals, chemicals, and medical devices.  We also regularly conduct due diligence and counter-diligence investigations for clients and provide expert advice on patentability, validity, infringement, or freedom-to-operate issues.  Additionally, we draft and negotiate technology transfer agreements, IP licensing agreements and other contracts related to IP transactions.  Our client base includes large corporations, small start-ups, academic institutions, and individuals.

  • Dispute Resolution

We work with local counsels to represent clients in resolving disputes in Chinese courts and Chinese and international arbitration tribunals.  We also assist clients with respect to mediation and other alternative dispute resolutions.

  • Tax and Customs

We provide multinational companies with tax efficient structures.  We also help expats with their individual income tax filings matters in China, tax equalization policy and foreign tax credit matters.  We advise on corporate tax, individual income tax, VAT and other tax related matters. We also represent clients with their with tax bureau disputes in China.

We advise on importing and export license matter, duty and other assessment. We also represent clients with their custom disputes relating to duties, classification of goods and goods detention. 

  • Industry Relegations, Business Development and Government Relations

We help clients become more familiar with industry regulations in China. We have a strong trade commission team in the U.S. and China and can help clients deal with the local regulatory matters. We also help U.S. clients to look for potential partners in China.

  • Divestment, Liquidation, Dissolution and Bankruptcy

We advise our clients on exit strategies and can help execute them.  We serve on the Liquidate Committee to guide and supervise the liquidation and dissolution of China-based companies.  Should the assets not meet the debts due, we will advise and manage the bankruptcy proceedings. We have experience in domestic and international insolvency proceedings.