As a traditional practice area, litigation and arbitration constitute a core area in the legal services provided by Hye. We have extensive experience in litigation, arbitration and other alternative dispute resolution. Practice of the Litigation and Arbitration Department includes:
1. Civil and Commercial Litigation
To be entrusted by the party concerned in various civil cases to be the agent to participate in the litigation or relevant civil legal affairs: real estate disputes; maritime and marine disputes; economic disputes; intellectual property cases, inheritance relationship disputes; marriage and family cases; bankruptcy cases; labor dispute cases; cases of procedure of public summons for exhortation; cases of procedure of supervision and urge.
To be entrusted by the party concerned in various civil cases to be the agent to participate in the litigation or relevant civil legal affairs: contractual disputes, torts, ownership disputes, disputes deriving from unjust enrichment or voluntary service, Insurance disputes, bill disputes.
2. Administrative Lawsuits
When entrusted by the parties concerned, for any dispute arising from the nine specific administrative actions enumerated below, representing clients in participating in the first trial, second trial and retrial of administrative lawsuits as well as in administrative reconsideration proceedings; composing litigation documents, conducting investigations and collection of evidence, issuing legal opinions on the litigation process, participating in court hearings and reconciliation proceedings. The nine specific administrative actions as mentioned above are as follows:
(1) an administrative sanction, such as detention, fine, rescission of a license or permit, order to suspend production or business or confiscation of property.
(2) a compulsory administrative measure, such as restricting freedom of the person or the sealing up, seizing or freezing of property.
(3) an infringement upon one's managerial decision-making powers, which is considered to have been perpetrated by an administrative organ.
(4) a refusal by an administrative organ to issue a permit or license, or its failure to respond to an application for a license.
(5) an administrative organ's refusal of, or failure to respond to, an application to perform its statutory duty or to protect the rights of a person and/or a person's property.
(6) cases where an administrative organ is considered to have failed to issue a pension according to law.
(7) cases where an administrative organ is considered to have illegally demanded the performance of duties.
(8) cases where an administrative organ is considered to have infringed upon other rights of the person and/or a person's property.
(9) administrative lawsuits arising from disputes over an application for registration and reconsideration of, or oppositions to, Chinese and foreign trademarks and patents.
Representing the parties concerned in applying for state compensation.
3. Arbitration
Services include:
(1) International trade disputes and bill disputes
(2) Maritime and marine disputes
(3) Bank lending and bank guarantee disputes
(4) International investment and construction projects disputes
(5) Intellectual property and IT disputes
(6) Product quality and environmental protection disputes
(7) Securities and insurance disputes
(8) Labor dispute cases
(9) Judicial jurisdiction disputes
Criminal defense is one of Hye’s core practice areas. We have a reputation for successful criminal defense, and our specialists have expertise and experience handling the most sensitive and complex cases.
Criminal proceedings as follows:
1. In the investigation stage
(1) Meeting with criminal suspects in custody
(2) Enquiring about the case
(3) Providing criminal suspects with legal advice
(4) Applying on behalf of criminal suspects to obtain guarantors pending trials
(5) Filing petitions and complaints on behalf of criminal suspects
2. In the prosecution reviewing stage
(1) Meeting with defendants and examining the case files
(2) Conducting investigations
(3) Collecting evidence
(4) Conducting an exchange of opinions with the public prosecution organs
(5) Filing petitions with the public prosecution organs not to initiate a prosecution
3. In first-trial stage, acting as defenders
(1) Consulting the case files
(2) Meeting with the defendants
(3) Conducting an investigation and collection of the evidence
(4) Drawing up the speeches of defence
(5) Acting for the defence and participating in court hearings
(6) Acting for the defence and making plea and debating
4. Acting on behalf of the criminal defendant in the second-trial stage
5. Acting on behalf of the victims of public prosecutions in the trial stage
6. Acting on behalf of the individuals of private prosecutions
7. Acting as agenct in penal cases
8. Provide legal service in procedures of death penalty, adjudication supervision
Securities and finance practice is another key practice area for Hye. We provide law services for dozens of enterprises on stock system transformation, property rights defining and venture investment business, provide issuers and underwriters with advisory service on China's securities laws and regulations as well as listing preparation documents and participated in both domestic and overseas IPO and additional issue of stock of numerous enterprises on behalf of issuers and underwriters. In years of practice, Hye has built up reliable and solid working relations with relevant government departments, regulatory bodies, stock exchanges, and some famous domestic and overseas agencies.
Our service areas include the following:
1. Legal services for financial institutions
2. Advising on deposit and Financial Institution
3. Commercial lending and guaranteeing
4. Advising on commercial papers, letters of credit and bill of loading
5. Advising on trusts, financial asset management and debt restructurings
6. Advising on foreign exchange
7. Advising on secured assets for various financial transactions
8. Advising on financial leasing of aero plane, shipping vessels and other equipment
9. Advising on international trade financing
10．Advising on syndicated loans, structured finance agreements, international organization and foreign governmental loans
11. Advising on life insurance, property insurance and reinsurance
12. Advising on consumer credit, electronic-banking services, real estate and automobile mortgage loans
13. Advising on litigation and arbitration
With extensive experience in bidding and tendering, Hye lawyers have represented project owners and bidders in various industries, such as petroleum, natural gas, environmental protection, electricity, chemicals, transportation and service in both domestic and international bidding and tending projects. Hye lawyers advise on both domestic and international bidding and tendering for:
1. Large-scale infrastructure projects
2. Large equipment procurement
3. International goods procurement
4. Governmental procurement
5. Service projects
Hye leads China’s legal market in private equity and venture capital services. We have established one of China's premier capital markets practices by assisting clients in all aspects of capital structuring and financing. We advise and consult on initial public offerings, private placements, shareholder rights, anti-takeover measures, board issues, securities disputes, limited partnership syndications, investment and growth strategies and credit transactions.
Hye represents these funds in all aspects of their businesses, including fund formation, growth equity, leveraged and management buyouts, leveraged recapitalizations and divestitures. We support these endeavors in the development of their fund structure, offering documents, organizational documents, services agreements and general and limited partner agreements. We also provide a variety of legal services to portfolio companies of private equity and venture backed firms, such as financing transactions, employment matters, complex litigation matters, government affairs and government contracts. We are sensitive to the needs and fiduciary concerns of financial investors in the current corporate environment.
Hye represents these funds in all aspects of their businesses, including fund formation, growth equity, leveraged and management buyouts, leveraged recapitalizations and divestitures. We support these endeavors in the development of their fund structure, offering documents, organizational documents, services agreements and general and limited partner agreements. We also provide a variety of legal services to portfolio companies of private equity and venture backed firms, such as financing transactions, employment matters, complex litigation matters, government affairs and government contracts. We are sensitive to the needs and fiduciary concerns of financial investors in the current corporate environment.
Hye’s services in this area include:
1. Structuring, negotiating and documenting various business arrangements
2. Designing and implement corporate, capital and governance
3.restructuring programs necessary for entry into the public financial markets
4. Redesigning and amending benefit plans
5. Preparing prospectus and other offering materials
6. Issuing legal opinions
7. Preparing and negotiating transaction documents
As one of the leading M&A law firms in China, Hye advises on the utilization of M&A strategies at every phase of investor involvement in China. At the entry stage, mergers with or acquisitions of existing PRC companies can provide a foreign investor with an accelerated means of entering a market, obtaining a pool of experienced employees or gaining access to established distribution channels. For companies already established in China, a wide variety of M&A options can be used to restructure, expand or refocus the existing presence. M&A transactions can serve a valuable function as an exit strategy for foreign investors. Hye routinely advises clients on structuring appropriate exit vehicles, including listing on PRC exchanges or private sale to PRC or foreign parties within China or abroad.
Our clients include top-tier international corporations, institutional investors, private equity and venture capital firms, and private PRC companies and state-owned enterprises. The firm also handles M&A transactions on behalf of clients in the small to midsize range, including acquisitions and dispositions of assets, businesses and subsidiaries, the sale or purchase of equity in cooperative and contractual joint ventures, and strategic investments.
Hye impressive record of experience with the most complex and challenging issues affecting any M&A project in China – including employee and management settlements, off-the-book or hidden liabilities, social security obligations, pre-existing irregular practices and arrangements, industry compliance issues – and our unparalleled ability to address those issues, provide our clients with the factual intelligence as well as the legal analysis they need to make the most informed business decisions. Our due diligence capabilities are one reason for our reputation in the M&A field, and the firm has committed itself to developing one of the best due diligence sub-practices in China. With the capacity to draw on over 150 lawyers with skills across a wide spectrum of legal areas, Hye expert due diligence teams provide the factual and legal foundation essential to any M&A project.
The firm recognizes that the complex and multi-disciplinary nature of most M&A transactions requires an interdisciplinary approach ensuring client access to a comprehensive range of legal services. Hye emphasizes a cross-discipline team approach that incorporates the expertise of our tax, finance, antitrust, intellectual property, IT, litigation and labor law lawyers into any M&A transaction requiring such advice. Our clients also benefit from our PRC regulatory expertise.
The types of M&A matters in which JT&N lawyers engage cover the full spectrum, including:
· Advance preparation for prospective targets
· Asset sales and purchases
· Corporate governance advice
· General corporate counseling
· Joint ventures
· Private equity
· Recapitalizations
· Spin-offs
· Stock sales and purchase offers
Hye has been long known for its legal services relating to real estate, infrastructural, and construction, and has one of the most experienced teams in this area in China. Our lawyers have received public recognition for providing high-quality and full-range legal services in this field. Throughout its history,Hye has assisted clients in developing projects, conducting construction, negotiating investments, and processing long-term transactions such as sale and lease. We are also substantially experienced in complex infrastructural projects, such as sewage disposal facilities, power plants, highways, and bridges, and have represented developers, operators, contractors, sub-contractors, and investors in various infrastructure projects in China.
We have explored a set of service mode specifically suitable for Chinese real estate industry. Moreover, this team works closely with our lawyers in the key areas of finance, tax, merger and acquisition, environmental compliance, and dispute settlement to craft innovative and practical solutions for our clients. Our major services in this field are highlighted as follows:
Conducting real estate due diligence investigations, and advising on compliance with local law;
Drafting and negotiating consortium agreements, equipment supply agreements, construct agreements, project management agreements, and other project-related documents;
Drafting and reviewing documents regarding the transfer or assignment of land use rights;
Advising on project development, and assisting in the establishment of a project company, and trust funds for real estate investment;
Advising on structure and financings of real estate projects;
Adapting international project development, project finance, and BOT structures to China;
Advising on optional vehicles for performing contracts, and preparing tenders and pre-bid documents;
Advising on commercial real estate purchase contracts and related mortgage contracts;
Drafting and reviewing lease agreements and processing formalities for lease registration.
Common Labor Law Practice
Act as perennial legal counsel
Draft and revise enterprise employment contracts
Draft and revise enterprise collective bargaining agreements
Draft and revise enterprise bylaws, including:Payment of salaries、Rest and vacation、Award and disciplinary system、Performance evaluation、Supplement Insurance Plan (Annuity plan of enterprises)、Share option plan
Confidentiality、Non-Competition
Specific Labor Law Practice
Arrange personnel allocation and compensations in mergers and acquisitions
Arrange personnel allocation and compensations of state-owned enterprises in separating secondary lines of business from core business, turning secondary lines into independent companies and arranging supernumeraries
Arrange (business process re-engineering) staff downsizing plan and scheme
Arrange bankruptcy personnel allocation scheme and personnel compensations
Participate in negotiations with trade unions
Handle the establishment, function, working procedures and other matters relating to trade unions inside enterprises
Litigation and Arbitration
Represent enterprises in labor arbitration
Represent enterprises in labor litigation
Represent labor in labor litigation
Hye has been assisting numerous international companies with their China-related investment projects and business transactions. We also maintain long-term business relationships with our clients. Many foreign clients, after engaging us to incorporate their foreign-invested enterprises (FIEs), continue to retain us as their legal counsels with a view to ensuring on-going legal coverage for their daily business. We have also been engaged by domestic companies to liaise with lawyers in other jurisdictions in order to structure their offshore investment.
Our team is sophisticated and experienced in foreign investment, overseas financing and international trade, and in preparing documents in various languages. A number of lawyers in this practice received legal education in prestigious law schools of the United States, UK or other common-law countries or regions, and previously practiced in international companies or law firms. Moreover, our leading lawyers are regularly invited to give lectures and provide comments on high-profile investment and trade issues to various governmental authorities and international organizations, and major legal journals.
In addition, we maintains business contacts with or work closely with leading law firms in the United States, Canada, Britain, Germany, Singapore, Hong Kong, and Taiwan, enabling us to provide better legal services for our clients in cross-boarder transactions or investments.
Our major practices in this field are highlighted as follows:
Advising on establishment of representative offices, wholly foreign-owned enterprises, and Sino-foreign joint ventures; drafting and reviewing related documents, such as the feasibility study report, and processing incorporation thereof;
Advising on daily operation of FIEs, including the matters relating to foreign exchanges, taxation, employment, sale and purchase, import and export, and intellectual property rights;
Advising on merges, acquisitions or restructurings of FIEs and, conducting due diligence investigations of the past and potential liabilities of these enterprises in China;
Advising on and processing the change of shareholders, directors, registered address, registered capital of FIEs, and foreign-related bankruptcy and liquidation;
Advising on international consortium’s loan, project financing, financing lease, and issuance of securities in overseas markets;
Advising on international sale, carriage of goods by sea, letters of credit, import and export procedures, customs and tariff compliance, outsource and distribution in China, and settling international trade disputes;
Advising on anti-dumping cases, or international trade dispute settlement; representing on related arbitration or trial.
Hye intellectual property practice is a core strength of the firm. Since its establishment in the early 90s, the firm has nurtured a legal specialization focusing on science and technology and the representation of innovative companies. As a result of many years of successful representation of clients innumerous landmark IP matters, JT&N has earned universal accolades for its accomplishments in the IP field. Our lawyers advise clients on the full range of IP-related matters, both transactional and litigation, ranging from contract dispute and infringement issues to network IP rights, electronic commerce, license trading and franchising. We are a recognized leader in complex litigation involving patents, trademarks, copyrights, software and trade secrets. The firm represents both domestic and international clients across a broad spectrum of industries, including chemical, pharmaceutical, biotechnology, information technology, semiconductors, telecommunications, materials, electronics, software, multimedia, manufacturing and finance.
The firm’s IP services include:
Advising on registration or license, protection, and transfer of patents, trademarks, domain names, designs, copyrights, and trade secrets; drafting and reviewing related documents, and processing the related governmental formalities;
Representing clients in investigating and prosecuting infringements on the above rights;
Assisting clients in technology research and development, technology service, systems integration and outsourcing, data protection and encryption, and network security;
Advising on hardware and software development and protection, and e-commerce matters including delivery of goods and online payment;
Advising ICPs and ISPs on copyright protection, and on compliance with related laws and regulations;
Advising companies, commercial or investment banks, funds and venture capitals on investment projects involving IT and electronic payment schemes.
Quite a few partners of Hye with substantial practice experience are engaged in corporate bankruptcy and disposition of risks of financial institutions and have built a professional team in the area. Hye has rich experience in bankruptcy and administrative disposition pertinent to financial institutions, non-banking financial institutions, state-owned enterprises, non-state-owned enterprises, Sino-foreign equity joint enterprises, Sino-foreign cooperative joint enterprises and wholly foreign owned enterprises. Hye used to act as a liquidator for bankrupted enterprises such as
● Corporate Bankruptcy
— Bankruptcy consultancy: providing advices and legal opinions on bankruptcy for issues on laws, policies, technique, etc.
— Filing for bankruptcy: acting as agent upon entrustment of creditors, obligators or persons duly responsible for liquidation in filing application for reorganization of obligators, reconciliation or for bankrupt liquidation of obligators, including preparing materials required by bankrupt liquidation, drafting documents, submitting application materials to the court, and participating the bankruptcy hearings on behalf of principals, etc.;
— Filing of creditor’s claims: acting as agent upon entrustment of creditor for filing of creditor’s claims, including declaration of credit with property guarantee, ordinary credit, preferential credit, etc.; participating in the creditors’ meetings, or acting upon court’s designation as the chairman of creditors’ meetings and presiding over the creditors’ meetings, exercising voting right, dissent or compensation rights, etc.;
— Recall right: acting upon entrustment of owners of properties to exercise the recall right against the liquidation group;
— Reorganization: acting upon court’s appointment as the administrator of the property and business of creditors, supervising self-regulatory administration of creditors, making reorganization plans and supervising administration of execution programs;
— Conciliation: acting upon court’s appointment as the manager of the property and business of creditors through the conciliation proceedings;
— Bankrupt liquidation: acting upon court’s appointment as the administrator and carry out general liquidation towards the bankrupted enterprises