Chuqian is approved by the Authority to be engaged as a legal counsel of an entity as well as individual; or as an agent of a civil or an administrative litigant; or to provide legal service for a suspect and/or act as his/her counsel in a criminal trial; or to provide appellate service; or to participate in reconciliation or arbitration; or to provide non-litigation service; or to attend consultation or prepare legal documents; or to provide other legitimate service.
Litigation and Alternative Dispute Resolution (ADR) are traditionally our predominant practice, typically those of corporate, insurance, banking, financing, negotiable bills and other complex commercial cases. Our extraordinary routine case-by-case review on weekly basis makes sure that every complex case would be reviewed from all aspects, that every legal document would be a classic of team wisdom. Believing attitude is everything, we are therefore willing to neglect the costs of ourselvs if so would maximize profits of our clients. We have always been confident of taking an appellate case from a losing party, and challenging the prevailing judicial approach with respect to the undetermined issues. The litigation documents we provided have been recommended by the relevant court as demonstration versions. One of the cases undertaken by our attorney has been selected as the classical law-case and published on "Proclamation of the Superior People's Court".
"Service tailored for individual purpose" is a sort of characteristic service we provided for those enterprises engaging us as their outside counsel to provide specific legal program, which would help to control or adjust their inner system with respect to procurement, sales, HR & labor, external investment or property management. The standard procedures to carry out such service can be further explained as follows: (i) finding out all the particulars regarding the needs of client and the current status of the target system on the basis of Due Diligence; (ii) debugging all legal issues concerning the existing system; (iii) determining a controlling strategy through our inner discussion; (iv)designing applicable and detailed precept by consultation with our client; (v)preparing legal documents of individuation in accordance with the aforesaid precept; and (vi)providing specific training to the relevant personnel of our client, focusing on those "tailored-for" measures. We make our best efforts to make sure that such service would tailor for the utmost needs of our clients.
So far we are in a position to provide such legal service tailored for individual purpose as design & management regarding corporate governance; flow chart design & management regarding labor/ employment, business secret, purchase or marketing system; and important assets management as well.
Focus on Avoiding Disputes
We typically focus on provision of regular legal service of various kinds. We assistant foreign clients in negotiation of major projects as foreign direct investment or merger and acquisition, prepare/draft legal documents with respect to Due Diligence, feasibility investigation, or corporate establishment, and provide compliance advice on a legal issue. We draft, revise or review, for domestic clients as well, legal documents, provide legitimacy advice on their corporate policies, issue attorney's opinion on a legal issue, provide consultation on outbound matters on the basis of our knowledge and experience, and prepare attorney's letter, declaration or witness certificate in accordance with specific needs of our clients.
Typical / Successful Cases
Set out below are some successful/typical cases we handled in recent years:
● Drafting of The Trust Agreement by and between Wuxi Kowloon Public Transport Company Ltd, and Wuxi Red Star Advertisement co., Ltd, of which the mode successfully achieves the balance of Commercial requirements and a legal safeguard of both the contractual parties.
● Orientation of the use right of public transport advertisement resources, where such invisible assets related right is defined as a civil right, a quosi-real right, a property right as well as a conveyable right served as a pledge. Taking advantage of such orientation, our client was successfully indemnified in a tort litigation case, which happens to become the first typical case in Wuxi with respect to public transport advertisement resources tort.
● Updating of business secret management system (3rd version). By adopting of such updated system, a Germany-based FIE and a domestic technology company successfully prevented from further disclosure of their business secrets, and punished those who disclosed business secret or who attempted to improperly make use thereof. The confidentiality and/or non-competition provisions we drafted cover more complicated situations foreseeable, thus are more enforceable. The relevant arbitration or litigation cases are considered by Huishan court as one of the cases recommendable.
● Transfer-Lease-Repurchase (TLR) design and application with respect to workshop, which successfully gets rid of the rigidity of the statute law that no company other than finance business may finance another company. The artful cooperation thus satisfies both the capital needs of the company actually "financed" and the needs of the investor company. (Such case is by no means of universally applicable.)
● Baihui Group assets purchase deal, characteristic of its " Cognition locus in quo
on a Limited Basis" and "Trust and Indemnification of Litigation Risk" clauses in the purchase agreement, by which the transactional risks of either party have been precisely defined and the subsequent disputes have been properly prevented. Actually, some assets did involve in a lawsuit afterwards, yet, by such pre-arrangement, no dispute arose between the parties in the whole deal at last.
● Barmag Oerlikon equity purchase deal, witnessing a fabulous course of bargaining, handover of controlling power, continuance of production and relocation of the plant.
● WFOE establishment of Rietschle Thomas, where our professional service was provided in legal incorporation, land use right deal, plant construction, employee recruitment and corporate rule making as well.
● Qianqiao Jointing Pipe equity re-purchase case. In that case, initiation of a well-designed corporate litigation successfully brought the parties back to the bargaining table once more, where the majority shareholder was finally obliged to purchase the equity of the minority shareholders at a reasonable price in a way acceptable to both parties.
● YGM Shanghai Branch vs. PPG (one of the biggest mail-order companies in China). Our firm, engaged by YGM Shanghai, a well know apparel supplier and under control of a large public company in Hong Kong, successfully decomposed thus reformed the whole process of the deal at the court, which contributed to a final compromise of both parties. That case soon became the focus of the media and its judicial documents was reported to be the longest one made by Shanghai 2nd Intermediate Court.
● Land Assets of Wuxi Hardware Factory, where "Land Assets Reserved" (a term shown in government documents by not a legal art of term) were argued by two State-owned factories. Land Assets Reserved which greatly differs from land use right, however, seemed hardly to be in accordance with any solid legal basis within the current legal framework. We, by mean of legal principals, successfully defines it a l property right conveyable by and between civil subjects, therefore provides some workable options to settle such dispute.
● A tort (business secret) suit vs. Netzsch China. Our firm was engaged by a domestic company dealing desiccation equipments to defend Netzsch's accusation of infringement to its business secret. By a thorough review of all the details of the case, an extensive legal research and well preparation, 17 tough questions asked by Netzsch and the tribunal at the hearing were unexceptionally included in our homework. According to a senior judge of Shanghai, this case, which was ended by Netzsch's withdrawal of its accusation, was one of the classic cases by anti-IPR abuse to keep a healthy competition in domestic market.