WenKang in commercial litigation, maritime maritime, real estate, foreign investment and trade, intellectual property rights, financial securities, labor and other professional areas of outstanding performance, maritime maritime, real estate and other professional lawyers team in the country's leading position in the financial securities and other professions in Shandong Province, the industry ranked first. Wenkang lawyers on behalf of the case, there are many in the province and even the country has a significant impact on the complexity of the case, the following part:
Commercial Litigation Cases
l Acting Aucma Group debt crisis series of cases
From 2005, Wenkang lawyers hired to participate in the debt restructuring of the Aucma Group, to assist the Qingdao City, successfully cracked the Aucma debt crisis. Provided strong legal support. In the process of dealing with the Aucma debt crisis, successfully represented more than twenty complex historical debt dispute cases, are fully successful, including some of the classic cases caused by large social repercussions, such as "Qingdao Aucma Group and Gansu Haixin Industry and Trade Company Limited, Qiao Hongxia rebate contract disputes. 2006, Mr. Zhang Jinhai lawyer by the In 2006, Mr. Zhang Jinhai was commissioned by Qingdao Aukema Group Corporation, acting on behalf of Aukema Group Corporation v. Gansu Haixin Company, Qiao Hongxia arrears dispute. The case was concluded in 2007, and was named 2006 as one of the country's most influential twenty cases.
l Acting for Qingdao Marine Fisheries Company and DAC China Special Opportunity (Barbados) Loan Dispute
In May 2008, Mr. Yin Qifeng, with his team of lawyers, acted for the Qingdao Marine Fisheries Company, Qingdao Marine Fisheries Company Aquatic Products Processing Plant and Limited Company Loan Guarantee Contract Dispute, with a litigation amount of more than one hundred million yuan. In the litigation, yin qifeng lawyer on behalf of the defendant Qingdao marine fishery company and Qingdao marine fishery company aquatic products processing plant focus on the claim statute of limitations, the scope of joint and several liability guarantee, guarantee period and other aspects of the effective defense. In order to facilitate the settlement, in the full argumentation of the plaintiff's claims on the basis of the transfer process, Yin Qifeng lawyer put forward the plaintiff's claims on the transfer of the allegedly invalid point of view, and to obtain the authorization of the client to start the invalidation of the proceedings. Due to the defendant's active defense, the plaintiff DAC China Opportunities (Barbados) Ltd. significantly reduced the settlement expectations, and ultimately the case settlement to resolve the dispute, so that the Qingdao Marine Fisheries Company has the funds to resettle hundreds of laid-off workers in need, and achieved a better social effect.
l Acting for Qingdao Oceanic Xianghe Industry and Trade Company and Qingdao Brewery Company Limited, New Century International Limited in the Barter Contract Dispute Case
In November 1997, Qingdao Brewery Company Limited entered into a Consignment Processing Agreement with Qingdao Oceanic Xianghe Industry and Trade Company and its partner, New Century International Limited, in which Xianghe and New Century provided barley to Qingdao Brewery, and Qingdao Brewery was commissioned to process the barley into beer. Ltd. entered into the Entrusted Processing Agreement with Qingdao Ocean Xianghe Industry and Trade Company and its partner New Century International Company Limited, under which Xianghe Company and New Century Company supplied barley to Tsingtao Beer and Tsingtao Beer was entrusted with the processing of beer and paid to the two companies. Later, Tsingtao Beer claimed that it had sent 380,000 cases of beer to New Century, which should be regarded as its sending of beer to Xianghe Company.
Xianghe denied the existence of a cooperative relationship with New Century and refused to bear the legal consequences of New Century's 380,000 cases of beer from Tsingtao Brewery, and filed a lawsuit with the Intermediate People's Court of Qingdao in July 1999, requesting Tsingtao Brewery to pay the difference in the price of the barley and the beer of 30,090,000 yuan. The case was heard by the Municipal Intermediate People's Court, which rendered a judgment of first instance in July 2000, determining that the Entrusted Processing Agreement signed by Tsingtao Brewery with Xianghe and a third party, New Century, was in fact a barter contract, and finding that there was a cooperative relationship between Xianghe and New Century in the barter trade. It was ordered that Tsingtao Brewery Company return about RMB 490,000 to Xianghe Company for the goods. The company appealed to the Provincial High Court, which ruled in October 2001 that the case should be sent back to the Municipal Intermediate Court for a new trial, and in May 2003, the Municipal Intermediate Court made a judgment of first instance (2002), which still ruled that the company had a cooperative relationship with New Century, and ordered Qing Beer to return the purchase price of 790,000 RMB to the company.
Cheung He continued to appeal to the Provincial High Court against the judgment, and hired Zhang Jinhai, a lawyer from Wenkang Law Firm to represent him. Zhang Jinhai lawyer analyzed the case in detail, seized the company and the company's trade contract, the company and the company's cooperation with the new century, the two legal relationships on the establishment of this key issue as a breakthrough, claiming that the new century company and the case of barter trade has no legal relationship, and the company does not bear the new century company extracted 380,000 cases of beer legal consequences. Shandong Higher People's Court adopted the opinion of Mr. Zhang, and ordered the company to return the money and pay the discounted amount of sacks, which amounted to about 23.78 million yuan.
After the verdict of this case came into effect, Shanghai Securities News reported the case in detail with the title of "five-year old case compensation amount turned 40 times Qingdao Beer's old lawsuit, the more you fight the more you pay," which caused a huge reaction in the industry.
Maritime maritime cases
l Marine Ecological Damage Claims for Oil Spill in Penglai 19-3 Oilfield in Bohai Sea
On June 4, 2011, an oil spill occurred in Penglai 19-3 oilfield in Bohai Sea, which ConocoPhillips China Ltd. is responsible for operating. After the oil spill accident, the Beihai Branch of the State Oceanic Administration (SOA) conducted a nationwide public selection of legal service organizations to litigate claims for marine ecological damages, and after several inspections and selections by a team of experts, Mr. Sun Fanglong, Mr. Zhang Zhiguo, and Mr. Gao Liangchen, on behalf of the Wenkang Law Firm, finally became one of the four legal service organizations appointed by the Beihai Branch of the SOA by ranking the second place, and formed a group of lawyers together with the other three lawyers from Shanghai, Beijing, and Guangdong, and *** the first place. Together with three other lawyers from Shanghai, Beijing and Guangdong, the firm formed a team of lawyers to ****take on the representation of those responsible for the Penglai 19-3 oil spill, and Zhang Zhiguo was appointed as one of the lawyers to appear in court.
The case was finalized in April 2012, and after more than eight months of painstaking and meticulous work, ConocoPhillips China Ltd. and China National Offshore Oil Corporation (CNOOC)*** paid RMB 1.683 billion to compensate for the loss of marine ecosystems and to assume the responsibility for the protection of the environment of the Bohai Sea.
l Acting on behalf of China's "New Star" merchant ship on the Russian border guards shelling incident issued a lawyer statement case
February 15, 2009, the Russian border guards shelling China's "New Star" merchant ship incident, Wenkang received The "new star" bareboat lessee jinruixiang shipping (hong kong) limited urgent commission, sun fanglong, guo chunfeng two lawyers in a large number of investigations and personally questioned the crew at the time, on behalf of the jinruixiang company on March 8, issued a righteous lawyer statement, for clarification of the facts, clarify the responsibility, has played a very timely role, caused the media to focus on and interviews. The media widely focus and interviews, has a wide range of impact.
l assist Qingdao city to deal with the "chang ying" ship in the Taiwan strait suffered a typhoon sank in the aftermath of the accident
August 2009, Qingdao datong company "chang ying" ship in the Taiwan strait suffered a typhoon sank, 22 crew members were killed, the lawyer Sun Fanglong accepts the Qingdao judicial bureau. Mr. Sun was appointed by Qingdao Judicial Bureau as the consultant of the municipal government to assist in handling the aftermath of the incident, and was highly praised by the government leaders for his professional services and excellent performance.
l Representation of Sinopec undersea oil pipeline theft and oil leakage case
December 2, 2005 and March 12, 2006, Sinopec Shengli oil field branch of the marine oil extraction plant Chengdu Island oil field center to the sea of two undersea oil pipeline perforation by criminals to steal oil caused by the leakage of crude oil, causing major marine pollution. From June 2007 to July 2008, Dongying, Yantai, Tianjin, there are marine farmers and marine fisheries bureau on behalf of the country to the maritime court lawsuit, suing Sinopec and related subsidiaries, claiming a huge amount of farming losses and loss of fishery resources of more than 500 million yuan. Gao Liangchen and Chen Jie were entrusted by Sinopec to represent them in the court. The legal team gave full play to their professional expertise, did a lot of hard and meticulous work, and finally successfully resolved the above series of oil spill cases by virtue of their superb case-handling art, which was recognized by the courts at all levels, and was highly evaluated by the clients and the headquarter of Sinopec.
Intellectual Property Cases
l Acting for Shandong Hanlin Biotechnology Co., Ltd. in a patent infringement dispute with Shanghai Kaisai Biotechnology R&D Center Co. Ltd. filed a patent infringement lawsuit with Shanghai No.2 Intermediate People's Court on the grounds of infringement of Shanghai Kaisai's invention patent and trade secrets, requesting that Shandong Hanlin be ordered to immediately stop the production and sale of the patented products in question, compensate for the economic loss of 45 million yuan, and apologize and eliminate the influence in the People's Daily and other newspapers.
Wen Kang represented Shandong Hanlin in the lawsuit. In the study of the patent claims, the scope of protection, based on targeted application for invalidation of the patent in question, and actively respond to the non-infringement defense and other coping strategies. On the one hand, it filed an application for invalidation of Shanghai Kaiser's invention patent to the Patent Reexamination Committee of the State Intellectual Property Office, and on the other hand, it carefully organized the evidence to refute the other party's claims in terms of both facts and law; in March 2011, the Patent Reexamination Committee of the State Intellectual Property Office made a decision on the patent examination and declared that all of Kaiser's invention patents were invalid; after that, the Beijing No. 1 Intermediate People's Court rejected all claims of the administrative litigation on patent invalidation. Subsequently, Beijing No. 1 Intermediate Court rejected all the claims of Shanghai Kaisai in the administrative litigation of patent invalidation. In February 2012, Shanghai Second Intermediate People's Court rejected all the claims of Shanghai Kaiser and Shandong Kaiser against Shandong Hanlin because the patents of invention used by Shanghai Kaiser for alleged infringement were declared invalid.
l Representing Sumisho Fertilizer (Qingdao) Co., Ltd. v. Liu Jinbo Patent Right Ownership Dispute
In October 2008, Mr. Zhao Jijun represented Sumisho Fertilizer (Qingdao) Co. This case was a patent ownership dispute arising from the application and patenting of plagiarized technology, which is completely different from the usual patent ownership disputes arising from job-related inventions and technology development. Qingdao Intermediate People's Court ruled in favor of the plaintiff, the defendant's patent rights to the plaintiff. The defendant appealed, in September 2009, Shandong Province Higher People's Court of the second instance upheld the judgment of the first instance. The same kind of case in the domestic judicial trial few precedents, so that the judgment has a certain typical significance and reference value. This case was recognized as the 2010 Qingdao Intermediate People's Court Top Ten Intellectual Property Cases, and won the "Top Ten Cases Award" at the 2010 China Lawyers Intellectual Property Practice Innovation Forum.
l Acting on behalf of the motor Qing and Shandong food, Shanfu Group unfair competition case
In 2007, by Zhang Jinhai lawyer and his team of two people entrusted by the motor Qing, in the shandong province food import and export company, shandong shandong shanfu group limited company and shandong shanfu water limited company v. Motor Qing, qingdao shengkedacheng trading limited company unfair competition case, on behalf of the motor Qing responded to the lawsuit. Mr. Zhang Jinhai accurately explained the different significance of business opportunities and trade secrets, and proposed that non-competition should be regulated by law (e.g. company law on non-competition of senior executives) or agreed in advance, or else it is not improper, and does not constitute infringement of the original organization. Wenkang lawyer's opinion was adopted, the client won the lawsuit. The case was widely reported by the people's court newspaper and other media, and was named 2009 top ten intellectual property cases in shandong province.
l Acting for Qingdao McKellar and Japan McKellar trademark infringement dispute
In 2007, Japan McKellar Co., Ltd. filed a trademark infringement lawsuit to the Qingdao Intermediate People's Court, requesting the Dashang Group, Qingdao McKellar to stop using the "McKellar", "MYKAL" as trade name, font size and labeling, and compensation for damages of 200,000 yuan. Mr. Zhang Jinhai and Mr. Sun Fanglong were commissioned by Qingdao McKale to respond to the lawsuit, and they pointed out that Japan McKale had no market operation in Qingdao, and that the trademarks "McKale" and "MYCAL" were not well-known. At the same time, Qingdao McKellar Company has built up the popularity and reputation of "McKellar" and "MYKAL" through its own large amount of publicity and promotion, and there is no situation of riding on the brand of McKellar Co. The use of "MYKAL" as a company name only serves to identify the place of sale, and will not cause confusion and misidentification among consumers. The Qingdao Intermediate People's Court adopted Mr. Wenkang's opinion and issued a final judgment in 2008, rejecting all of McKellar's claims. The case was recognized as one of the top ten intellectual property cases in Qingdao in 2009.
IPO Listing Cases
In the past two years, Winkler has become one of the most influential securities law firms in the province. Wenkang lawyers as issuer lawyers to provide services to more than 60 enterprises, has been successfully listed in three projects:
Shandong Lanshan Plastics Co. >Shandong Sheng Yang Power Supply Co., Ltd. shares were listed on the Shenzhen Stock Exchange on May 6, 2011;
Shandong Sheng Yang Power Supply Co.
National Small and Medium Enterprises Stock Transfer System (New Third Board) listing project:
WenKang is one of the earliest law firms in Shandong Province to participate in the New Third Board business.
WenKang's New Third Board projects have been expanded to Jinan, Qingdao, Weifang, Weihai, Zibo, Tangshan, etc. It has successfully assisted more than twenty enterprises to complete the establishment of joint-stock companies, of which eight have passed the brokerage firm's internal audit.
1, Shandong sure information industry Co., Ltd
2, Shandong Province, Yuanda network multimedia limited liability company
3, Shandong Qianshun Mining and Metallurgy Science and Technology Co. 4, Qingdao, Qingdao Ying net information Co. 5, Qingdao Haohai network technology Co. 6, Qingdao Yu Fang automation control Co. 7, Weifang Dongsheng Electronics Co. Ltd. 8, Weihai Yuanhang Science and Technology Development Co.
Bond issuance and note financing projects
Corporate bonds (municipal bonds) projects:
1, Qingdao Urban Construction Investment (Group) Co. Ltd. issued no more than 1.3 billion yuan of corporate bonds
Medium-term notes, short-term financing bonds:
1, Qingdao City Construction Investment (Group) Co., Ltd. issued 2.0 billion yuan of medium-term notes and 1.0 billion yuan of short-term financing bonds 2, Yantai Salvage issued no more than 500 million yuan of short-term financing bonds
SMEs private bonds:
Wenkang Institute for the Qingdao City Chengyang Vegetable and Aquatic Products Wholesale Market Co., Ltd. provided special legal services for the non-public issuance of small and medium-sized enterprise private placement bonds, which was the first enterprise successfully filed with the Shanghai Stock Exchange since the pilot project of small and medium-sized enterprise private placement bonds was launched in Shandong Province.
M&A and Reorganization Project Cases
WenKang Law Firm has outstanding performance in corporate restructuring, financing and listing. We have conducted due diligence for a number of large-scale enterprise groups for their pre-merger and acquisition prudence, designed merger and acquisition programs, participated in merger and acquisition project negotiations, and cooperated with the fulfillment of delivery of merger and acquisition projects, etc.; we have helped our clients to set up corporations and partnerships, and assisted in the feasibility analysis of the projects, the design of the investment method and the shareholding structure, etc.; and we have drafted and examined a variety of documents, such as the investment agreement, contract, and articles of incorporation.
Providing special legal services for the due diligence and other major M&A and reorganization projects in the Mainland for a number of enterprises, including CIMC, China Resources Light Textile Group, SK Group and Haier Group.
WenKang has participated in the mergers and acquisitions of Nantong No. 3 Cotton Spinning Factory, Sichuan Jinhua, Zhejiang Runchang, Jiangsu Taicang Litai Textile Factory, Jiangsu Danmu Group, Shaanxi Tianwang, Huimin Cotton Spinning Factory, Liaocheng Cotton Spinning Factory, and Linqing Cotton Spinning Factory of China Resources Group (CRC Group), which is a Chinese enterprise with a strong presence in Hong Kong; and the largest container manufacturing group with a complete range of containers in the world. As CIMC is the world's largest and most diversified container manufacturing group, Winkler has participated in the M&A and reorganization of Qingdao Cosmos, Yangzhou Tongyun, Yangzhou Tongli, etc., the M&A and reorganization of Tianjin Zhenhua, Qingdao Hengfeng, Fuzhou Haiyinvestment, Ningbo Runxin, Tianjin Huatai, etc., and the M&A and reorganization of Qingdao CIMC Special Purpose Vehicle, Liangshan Dongyue, Hubei Hongtu, etc., and the M&A and reorganization of Nanjing Yangzi Petrochemical Co. reorganization work, M&A and reorganization of Nanjing Yangzi Petrochemical Design Institute, Shaanxi Gas Design Institute;
SK Group is the third largest multinational conglomerate in South Korea, Wenkang participated in some of the SK Group's investment, M&A projects in Shandong, mainly including the overall specification of the joint venture project in Zibo, Shandong, the investigation of the joint venture project in Shandong, Heze City, and the specification of the disposal of the joint venture project and the acquisition of the city of Jiaonan, Gas Company, Yantai Hedare, Yantai Hedare. Ltd. and Yantai Hereda Energy Company in Jiaonan;
Wen Kang participated in the M&A and reorganization of Haier Group's investment in Zhongrun Tourism Investment Company, the M&A and reorganization of Shandong Detai Decoration Engineering Company Limited, as well as the M&A and reorganization of Beijing Meiluo Science and Technology Company.
In addition to the above M&A projects of group companies, Winkler has also participated in a series of acquisition projects of China National Petroleum Corporation (CNPC) in Shandong; equity transfer project of Singapore Antai Electronics Limited; joint-venture project of Shandong Jinhongtai Titanium White Chemical Company Limited; M&A project of Apollo Group of India for a tire enterprise in Luoyang; acquisition of Guangxi Zhanjiang Xujun Aquatic Company and Qingdao Shunfa Foods Company by Qingdao Guoxing Foods Co. Ltd. and Qingdao Shunfa Food Company; Qingdao Zhongchen Investment Co., Ltd. merger and acquisition project; acquisition of Qingdao Zeqing Medical Equipment Co. As a member of the intermediary institution pool of the State-owned Assets Supervision and Administration Commission (SASAC) at provincial and municipal levels, Winkler has participated in the restructuring of many state-owned enterprises. The restructuring projects of state-owned enterprises that Winkler has participated in include the restructuring of the Shandong Province Hardware and Mineral Import and Export Company, the restructuring of the Sinochem Group of Yellow Sea Rubber Group, the restructuring of the Qingdao Aucoma Group Industrial Development Company under the Aucoma Group, and the standardization of the organizational structure of the restructuring of the SITC Group, Dalian Dongzhan Group Company restructuring project, etc.
Government Legal Services
In terms of governmental legal services, Winkler has been serving as legal advisor to governmental departments for a long time. Including providing permanent legal consultancy services for Qingdao Municipal Government, Development Zone Government, Laoshan District Government, Shibei District Government, Sifang District Government, Municipal Local Taxation Bureau, Municipal National Taxation Bureau, Municipal Civil Affairs Bureau, Municipal Local Taxation Inspection Bureau, Municipal Pharmaceutical Administration, Municipal Education Bureau, Municipal Administration for Industry and Commerce, Municipal Construction Committee, Municipal Land Bureau, National Taxation Bureau of Development Zone, and Commodity Inspection Bureau of Development Zone, etc.;
Wen Kang provided full legal design and legal services for the acquisition of Yi Zhong Stadium for the People's Government of Qingdao. Ltd. and Qingdao Yutai Property Development Co., Ltd. in the case of non-performance of statutory duties by Qingdao Municipal People's Government; repeatedly commissioned by Qingdao Municipal Government, Qingdao Land Reserve Center, Qingdao Huangdao District Government, Qingdao Laoshan District Government and other governmental departments and real estate development enterprises to act on behalf of He has been the permanent legal advisor of Qingdao Municipal Land Bureau, Qingdao Land Reserve Center and other departments, and has provided important legal services in major urban construction activities such as public tender and auction of state-owned land use rights, disposal of backlogged real estate, land clearing, and operation of the city, etc.; he has also provided the whole process of legal services for the recruitment of the legal person of Qingdao Bay Bridge project.
Local legislative research and drafting projects
WenKang Law Firm actively participate in local legislation, in 2004 and 2011 has accepted the Qingdao Municipal People's Congress Standing Committee of the Legislative Affairs Commission, Qingdao Municipal Real Estate Development Administration commissioned for the "Qingdao real estate development and operation of the regulations", "Qingdao City, the state-owned land and housing expropriation and compensation regulations" for the legislative research and drafting of draft laws and regulations, the lawyers Liu Xuezheng as a deputy to the National People's Congress proposed a new law. Mr. Liu Xuezheng, as a representative of the National People's Congress, put forward legislative proposals and promoted the final adoption of the regulations, which were highly evaluated by the commissioned organizations.