Links » Cream » ChinaCast Education Yanked from NASDAQ
Links » Cream » ChinaCast Education Yanked from NASDAQ |
- ChinaCast Education Yanked from NASDAQ
- As Western Media Contract, China Daily Expands
- Photo: When I grow up… by Land of no cheese
- Forced Abortion Victim and Family Branded Traitors
- Chinese Indigenous Fracking. Tech Licensors Beware.
- This Weibo Is Not Appropriate for the Public
- That Year, These Years: Stories of Tiananmen
- PE in China: Learning Some Old Lessons
- Expat Assimilation, Tribalism, and the Kaiser Kuo Show
ChinaCast Education Yanked from NASDAQ Posted: 26 Jun 2012 12:50 AM PDT This is one of those US-listed Chinese firms using a VIE structure that experienced serious internal problems and was struggling with US statutory filing deadlines. I doubted that management could actually fix this sucker up to keep it afloat (in terms of its listing status), and yeah, it got the big hook.
Ouch. But I guess that's what happens when your dirty corporate laundry is aired out for the public and regulators to see. As to the internal fighting, some ex-execs, like erstwhile CEO Ron Chan, had allegedly waltzed off with company chops, business licenses, records, etc. after a fight for control of the company. Hey, if you get ousted from the position of CEO, might as well try to take the business with you when you vacate the premises, right? Details on all this have been rather vague, even in ChinaCast's supplementary filings (i.e. 8-Ks). When confronted with the allegations, I believe Chan said something to the effect of "Wuh?" (I think that's an official denial, more or less.) Apparently they are now pursuing these guys in the Hong Kong courts:
I'm going to assume that although this case is complex and multifaceted, the journalist meant to use the word "tortious," as in tortious interference, as opposed to "tortuous." Giggle giggle. To be fair, though, the facts of the case are rather complicated. Not a bad idea to go after these guys in Hong Kong, assuming that they have assets there. If ChinaCast wins on tortious interference, they might be able to get money damages. However, the total amount of funds or other assets that might be attached in Hong Kong may not be enough to make ChinaCast whole. Well, let's face it, there's absolutely no way in hell that they could be made whole at this point. The reputation of the company is in the shitter, it's been freakin' delisted. Hard to come back from that, and it certainly won't happen as the result of a victorious tort case. Hong Kong is still probably the best option for recouping at least some of the losses, if not getting back the stolen property (good luck with that). Consider the alternative: the mainland. All the action took place in China and involved property belonging to either the VIE(s), which are domestic companies, and/or one or more wholly foreign-owned enterprises (WFOEs). A Hong Kong judgment isn't much use when it comes to asserting legal control over a foreign-invested enterprise, and when it comes to the VIE, the equity of which is held by a Chinese entity or individual(s), ChinaCast is shit out of luck. Nasty ugly stuff. Just in case you needed a reminder why VIEs are dangerous, aside from the question of their legality in China. This story is nowhere near being over. In addition to the above fun and games, ChinaCast has got a big fat target on it, and American plaintiffs' firms have already rolled in the siege engines:
¡Ay, caramba! If I had that many Jewish plaintiffs' lawyers after me, I'd take out extra insurance and fake my own death. © Stan for China Hearsay, 2012. | Permalink | No comment | Add to del.icio.us |
As Western Media Contract, China Daily Expands Posted: 25 Jun 2012 11:59 PM PDT The Globe and Mail's Mark MacKinnon reflects on Jeremy Webb's "terrifying" observation that "China Daily is the only English-language paper available at my hotel in Milan":
© Samuel Wade for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
Photo: When I grow up… by Land of no cheese Posted: 25 Jun 2012 11:15 PM PDT © Samuel Wade for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
Forced Abortion Victim and Family Branded Traitors Posted: 25 Jun 2012 09:33 PM PDT The recent controversy over forced abortions, which grew after officials in Shaanxi province forced a woman to abort her 7-month old fetus and graphic photos surfaced online two weeks ago, has reportedly grown uglier. The South China Morning Post reports today that the woman's husband went missing Sunday evening after local officials and other residents of Zhenping county had spent days harassing the family:
To recap, Feng Jianmei, seven months pregnant with her second child, was arrested on June 2, brought to the hospital and given an injection to induce labor after she failed to pay a 40,000 yuan (US$6,275) fine. She miscarried on June 4. Local authorities claim they acted within their rights to enforce China's family planning policy, often called the "one-child policy." But while the deputy mayor reportedly apologized to the family and pledged to punish the local officials responsible for the incident, comments and images on the web indicate a different response. The above photo made the rounds on both the Chinese and English-language blogs, including ChinaSmack, which translated the following microblog post detailing the online smear campaign also allegedly underway against the victim and her family:
The Ministry of Tofu also translated the following Weibo post from Deng Jicai, the victim's sister:
At Tea Leaf Nation, David Wertime reflects on the incident and the netizen sentiment that has erupted in response:
Despite the ugly scenes from Zhenping county, and perhaps in response to it, Bloomberg reports Tuesday that the Chinese Communist Party is tolerating the debate on the one-child policy. The state-run Global Times published an editorial on Monday asserting that China's family planning policy needs reform:
© Scott Greene for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
Chinese Indigenous Fracking. Tech Licensors Beware. Posted: 25 Jun 2012 07:47 PM PDT
Okay, let's see if I've got this right. China wants to develop this area and do it with local technology. At the same time, it will encourage investment from "all types." Conclusion: if you're a foreign company in this sector contemplating an inward technology license into China, I would get all my IP buttoned up as tight as possible, ensure that my contracts are ironclad, get as much as possible upfront/in the first couple of years, and then look in the mirror, take a deep breath, and pray that I don't get screwed over. Or perhaps I'm being too cynical? © Stan for China Hearsay, 2012. | Permalink | No comment | Add to del.icio.us |
This Weibo Is Not Appropriate for the Public Posted: 25 Jun 2012 02:17 PM PDT Posing as China's augur of doom, Major General Zhang Zhaozhong, one Weibo user went too far for Sina's powers that be. Zhang is a talking head who is famous for predicting happy outcomes for Saddam Hussein and Gaddafi. This netizen had him fortune-telling closer to home:
The imposter's account is also under lock and key. A search for the username MjrGenZhangZhaozhong retrieves this message:
General Zhang does not appear to have a Weibo account. Via SneezeBloid. © Anne.Henochowicz for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
That Year, These Years: Stories of Tiananmen Posted: 25 Jun 2012 09:23 AM PDT By Li Xuewen Original text here.
© Anne.Henochowicz for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
PE in China: Learning Some Old Lessons Posted: 25 Jun 2012 08:48 AM PDT If you're looking for a good snapshot of where the private equity market is right now in China, check out the latest McKinsey China podcast here. Here's the show summary:
What I found somewhat amusing about the discussion is that with the economic slowdown and the crappy IPO market, these guys are being forced to pay attention to what is happening with these target companies in China. And what they are finding of course is that restructuring is tough with a minority position. Partners aren't as good at running businesses here during a downturn as some might have thought when biz was booming, and they are not always receptive to advice from Mr. PE Operations Guru (assuming you have anyone on staff who knows anything about running a business in China). In other words, these PE folks are learning, for the first time, all the old lessons us foreign direct investment guys have learned over the past couple of decades. Ha ha. Welcome to the fun, boys. You may wish to dust off an old book or two about how Sino-foreign Joint Ventures work. I think you'll find that stuff to be very instructive. © Stan for China Hearsay, 2012. | Permalink | No comment | Add to del.icio.us |
Expat Assimilation, Tribalism, and the Kaiser Kuo Show Posted: 25 Jun 2012 04:34 AM PDT As I correctly guessed in last night's links post, there is absolutely nothing going on today that could even remotely be called news. I'm therefore going to venture forth into an area that is wholly unrelated to any current events. It also calls for a bit of navel gazing, which I usually try to avoid. (You'll understand why after reading this questionable collection of hacktacular generalizations.) The topic: expat life. The reason I'm thinking about it today: I just listened to the first part of a really excellent This American Life podcast entitled "Americans in China," which is a long set piece by New Yorker journalist Evan Osnos. If you don't know much about China, you will enjoy this glimpse into what it's like living over here. If you are an expat, you will no doubt have fun hearing from, and about, the usual cast of characters, including Kaiser Kuo and Jeremy Goldkorn, with a special guest appearance by Gady Epstein. Don't worry, I don't want to talk about what it's like to eat chicken feet or how to deal with people spitting in elevators. What really stood out in the podcast was the discussion about how expats: 1) succeed/fail in "fitting in" in China; and 2) how expats deal with troubling socio-political issues that they are forced to face in China. I'll take a look at that first topic in this post. The concept of "fitting in" came up over and over in the extended interview with Kaiser Kuo, who many of you probably know, or know of. He describes the "chasm" between the U.S. and China, which frames the discussion of the challenges of his personal integration into the country, which was dealt a serious blow in '99 with the Belgrade Embassy bombing (a very emotional and moving portion of the interview). You'll hear similar things from other expats, particularly those with Chinese ethnic backgrounds, Chinese spouses, and kids that are being brought up in a bilingual/bicultural environment. Kaiser falls into all three of those categories, and while the anecdotes he related are not exactly assimilation problems, his comments did make me look at this in a broader context. Over the years, I've known expats who do their best to remain separate from Chinese society. They eat Western food, never learn Chinese, don't have Chinese friends. They live in gated communities with other foreigners and travel abroad frequently. I used to judge these folks harshly, which is a popular expat hobby, but I think that is misguided. These people may be foregoing a great opportunity to learn about another culture, but if so, that's their business, not mine. Their polar opposite are the ones who try to "go native" and attempt to integrate as much as possible. You've seen the China fanboys out there, the ones who refuse to speak English to a Chinese person, live in down-market housing, and pride themselves on their knowledge of customs and culture. Many of these folks, often young students or English teachers, push just a bit too hard, which can be both annoying and amusing. The vast majority of us are somewhere in the middle, although it must be said that in cosmopolitan cities like Beijing, Shanghai and Shenzhen, the concept of living like "a local" is rather difficult to establish, if not impossible. At the end of the day, as expats eventually discover, it's impossible to fully "integrate" as an expat, which might disappoint some fanboys out there. But this makes me wonder: what drives this desire in the first place? Why try so hard to do something that is impossible? In a word, tribalism. Perhaps wherever we go, we unconsciously believe that we must make a choice about our tribal affiliation. We can either bring along our foreign-ness, maybe even wear it like a badge, or we can attempt to join the local tribe. Doing so makes us feel less foreign and more comfortable in our strange surroundings. This of course an illusory choice. Sure, the way that people treat you is based, in part, on their perception of your tribal affiliation. I certainly didn't imagine getting screamed at in '99 by folks who were outraged by the Belgrade Embassy bombing. Scared the crap out of me, truth be told. But the things is, for the most part, the way that others perceive us is out of our control. No matter how good your Chinese is and what food you eat, you will still be treated as a foreigner, a very hard lesson in particular that foreign-born Chinese learn when they come over here. We desire to fit in because we are hard-wired to be part of a tribe, thanks to evolution. In modern society, such tribalism is unnecessary and irrational, yet our monkey brains cling to this psychology. We feel better about ourselves when we support the local football team. None of it means anything, but when you and your neighbor both cheer on the same team, you feel closer to one another. Why did I become a New England Patriots fan when I moved to Boston? To this day, I can't explain it logically, but it did make me feel good. Most expats can't accept that, for the most part, they cannot overcome others' prejudices. Instead of accepting this lack of control, some expats will go to great lengths to fit in, adapting their lifestyles above and beyond what can be explained by "personal preference." Unfortunately, when the expat is not treated like a local, he is crestfallen. For expats in mixed marriages, and for those who have kids, there can be a great deal of angst over this issue. Just when you thought you were being treated the same as everyone else, something happens to remind you that you remain "the other" in the eyes of your friends and your co-workers. This can be a very harsh reality. But it doesn't have to be this way. People will judge us as they will, and we need to accept that we can't control others. What we can take ownership of is ourselves and our choices. If you're an expat going out to eat with locals in East Pastureland Inner Mongolia, be polite and try some of the dishes, but don't polish off that whole plate of jellied horse testicles in a futile attempt to assimilate. Life is short. Do what you want. If you love McDonald's, go eat it and don't be embarrassed that you look like a tourist. Alternatively, if your natural lifestyle is "more Chinese than the Chinese" and yet folks still treat you like you just got off the boat, (at least try to) learn to let go of your angst, stop worrying about what others think about you, and just continue doing what makes you happy. © Stan for China Hearsay, 2012. | Permalink | 9 comments | Add to del.icio.us |
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