Eric Carlson | The FCPA Blog

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All posts by Eric Carlson

Practice Alert: China asserts ‘judicial sovereignty’ with new blocking statute

Eric Carlson December 10, 2018

China recently enacted a law that could prevent China-based individuals and entities, including the China-based subsidiaries of non-Chinese companies, from providing certain assistance in criminal proceedings outside of China.

The law appears to block such companies, absent approval from the Chinese government, from disclosing evidence in China to criminal enforcement authorities outside of China in connection with a criminal matter.… Continue Reading

National security: Are Chinese companies targeted for FCPA enforcement?

Eric Carlson November 8, 2018

Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”… Continue Reading

Eric Carlson: The risky world of real and fake chops, seals and stamps

Eric Carlson May 16, 2018

The prior post provided an overview of chops in China. This post focuses more specifically on how chops can be misused and how that risk can be mitigated.

We have seen numerous incidents where an unauthorized individual (e.g.,… Continue Reading

Eric Carlson on China chops, seals and stamps: What do they mean for compliance?

Eric Carlson May 15, 2018

Anyone who has viewed a contract or official document in China may have noticed a bright red circle in the signature block. This is often called a “chop” — alternatively translated as “seal” or “stamp.”… Continue Reading

Eric Carlson: Expect more anti-corruption enforcement in China

Eric Carlson March 29, 2018

China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.

1. “Super” enforcement agency targeting government officials is established.… Continue Reading

Eric Carlson: In China investigations, messaging platforms can be a goldmine or a landmine

Eric Carlson March 12, 2018

Anyone who has spent much time in China or dealt with investigations in China has probably heard of WeChat, a social media application. WeChat has over 900 million daily users, making it far and away the most ubiquitous social media platform in China. … Continue Reading

Eric Carlson: Measuring President Xi’s ‘crushing tide’ against graft

Eric Carlson November 6, 2017

Almost exactly five years ago, I wrote a post for the FCPA Blog analyzing the impact that China’s leadership transition to Xi Jinping would have on anti-corruption enforcement in China. This post assesses those predictions and makes new ones for the coming five years, in light of the recently concluded Party Congress.… Continue Reading

China FDA proposals could affect life science industry sales and promotional activities

Eric Carlson May 18, 2017

Late last week, the China Food & Drug Administration released for public comment four draft policy circulars designed to speed approvals for innovative drugs and medical devices, permit conditional approvals for certain products where efficacy has been proven in clinical trials, further protect data exclusivity during clinical trials, allow more flexibility during clinical trials, and clarify IP rights.… Continue Reading

Eric Carlson: China Releases Revised Draft Amendments to Law Governing Commercial Bribery

Eric Carlson March 2, 2017

China recently released a revised draft of amendments to its law governing commercial bribery that would scale back some of the more far-reaching changes in a draft released last year while returning to a broader scope of commercial bribery.… Continue Reading

Compliance Alert: China imposes ‘two invoice’ limit on pharma distribution

Eric Carlson January 24, 2017

China announced a new policy this month that aims to reduce corruption and control the price of pharmaceuticals by effectively requiring there to be at most one distributor between the pharmaceutical manufacturer and the end hospital.… Continue Reading

Eric Carlson: Take the headaches out of China investigations (Part 2)

Eric Carlson September 7, 2016

Yesterday’s post on minimizing headaches during China investigations discussed company policies and mitigating risk under PRC privacy and state secrets laws.

We look today at IT assessments, other PRC laws, and local resources, continuing our list of steps companies can take now to minimize headaches when an investigation in China arises.… Continue Reading

Eric Carlson: Take the headaches out of China investigations (Part 1)

Eric Carlson September 6, 2016

Any company with more than a small presence in China is likely to need to conduct an internal investigation there at some point.

While investigations in China are not wholly different than in other jurisdictions, our experience handling scores of such investigations leads us to the conclusion that companies can take certain steps in advance to minimize headaches if and when such an investigation in China is needed.… Continue Reading