In April 2023, we had the opportunity to speak to Ellen Xie, a dedicated lawyer who runs her own boutique law firm Hui Xiao based in Shanghai, China. Ellen is active in the community including speaking at community office organized, pro bono seminars covering different legal issues.
Interview Questions
Tell us about yourself, and the evolution of your career?
I am Ellen Xie, founder and Managing Director of Shanghai Hui Xiao Law Group. I am a lawyer admitted in China and the United States, with more than 20 years’ solid work experience in serving several leading international and domestic law firms and multinational companies (including Fortune Global 500s) as legal consultant/counsel. I was in corporate roles for an extended time before founding Hui Xiao, as I am still passionate about legal practice. The areas I have covered in my previous roles include cross-border investments, mergers & acquisitions, corporate and commercial transactions, intellectual property, employment, dispute resolution, compliance, and regulatory and customs affairs.
And the clients your firm has served – it is an impressive array of industries.
We have strong experience in providing effective legal and compliance solutions to cross-border businesses, multinational companies, rich families and wealth creators. Industries of clients I have served include Pharmaceuticals, Medical Devices, IVDs, Consumer Healthcare, Contract Research Organizations, Foods & Nutrition, Agricultural Products, Conventional Energy, E-Commerce, Commercial & Retails, Purchasing/Buyer & Global Sourcing, Chemical Products, Automobile Parts, Mechanical Manufacturing, Civil & Commercial Aviation, Global Sourcing, Bank, Insurance, Hi-Tech, Renewable Energy, Tobacco, Woods, Luxury Goods, Property Management and Leasing, Cruise Tourism, Logistics, Sportswear, Architecture & Construction, Testing, Advertisement & Media, Human Resources, Consulting Services and Charity industries, Pet Foods and Medicines, and International Private Clients.
How is the current business environment like? What are you seeing and what do you expect?
I see the overall global business environment is slowing down – can feel some headwind through our client’s concerns. But we do observe an interesting phenomenon that in every and each industrial sector there are still some active and sound business players who have been performing quite well. I do feel very positive because business interactions are finally trending towards pre-COVID levels.
What are the most common legal risk you have seen for business exporting to China, in particular brands that are consumer, retail targeted?
As China’s laws and regulations become much more comprehensive, there are emerging legal, compliance and regulatory risks for business entering and exporting to China that need to be taken into consideration, such as the risks in the areas of business/cooperation structures, customs clearance and reporting, taxes, licenses and other regulatory requirements, intellectual property (e.g., patents, trademarks and copyrights) protection or infringement, product liabilities, consumer care, after-sales services, foreign exchange, logistics and insurance, etc. It is a long list but may not be so different to other countries, though the requirement could be more complex or unique and such is the reality of doing business here.
What is one advice that you would give to a brand planning to enter the China market?
A pre-market entry legal, compliance and regulatory risk assessment is one of the common risk-control steps and tools for developing and implementing good cross-border business strategies. It is absolutely worthy to be completed prior to investing any substantial efforts in entering the China market.
What should clients expect for a good local advisor engaging or reengaging in export to China?
There should be only one main focus - the provision of effective solutions to help clients in solving their business concerns.
If you would like ExportRim to help you to contact Ms Ellen Xi, please use the contact form..