PRACTICE AREAS

PRACTICE AREAS

Contract and Commercial Law

The Da Wo commercial law team works with you throughout the structuring and development of your venture. We assist you with all legal aspects of commercial exchanges with your suppliers, partners and clients, and with issues regarding your competitors. We can help you with:

Supply and distribution relationships

  • Drafting supplier agreements and distribution agreements: e-commerce platforms, payment methods, invoicing, etc.
  • Drafting your general purchasing and sales agreements and/or conditions of use of your products and services
  • Advice on the ideal distribution network and strategy for your company

Advertising

  • Advice for all your advertising supports
  • Advice on obligations under various consumer protection laws related to your sales activities

Anti-monopoly law and anti-unfair competition enforceability

  • Advice on restrictions and obligations in case of “concentration” of companies and other acts that are deemed monopolistic
  • Advice on the laws and consequences related to unfair competition

Some legal cases managed by our Commercial Law team:

  • Advising a French leading garments company during negotiation of an exclusive distribution agreement with a Chinese seller
  • Reviewing retail lease agreements for a French luxury brand with a number of major commercial real estate owners in China
  • Reviewing a technology license and transfer agreement between a Belgian innovative company and a Chinese manufacturing company
Gan Wang
Tel: 6288 8682
Dan Xu
Tel: 6288 8682

Corporate Law

Our corporate team provides expert assistance in the following areas:

Private Equity

  • Venture capital/fundraising for innovative companies
  • Growth capital/fundraising to finance growth
  • Transfer of capital/LBOs
  • Turnaround financing/recovery of companies facing financial difficulty

Mergers & Acquisitions and Joint Venture

  • Legal, tax and labor due diligence
  • Merger and acquisition planning
  • Contractual negotiations
  • Preparation/reviewing transactional documents
  • Post-acquisition litigation

General Corporate Law

  • Company formation
  • Implementation of good governance practices
  • Shareholders’ agreements
  • Litigation between shareholders
  • Employee shareholding (including stock-option plans, share grants)
  • Legal secretary functions

International representation

  • Creation of overseas subsidiaries, branches, representative offices

Some legal cases managed by our Corporate team:

  • Advising a leading luxury brand in its expansion and development in China and Hong Kong, assistance in its internal due diligence
  • Conducting a fully-covered legal due diligence for a Sino-French high-profile food and beverages manufacturer and advising on its company restructuring.
  • Assisting a European innovative lights producer in its internal due diligence of its factory in Mainland China, advising on the most salient issues and proposing corrective actions.
  • Assisting a global sporting goods chain store in the fully-covered legal due diligences of two domestic e-commerce companies related to a contemplated acquisition project, including on site due diligence, drafting due diligence reports and discussions with investors.
  • Assisting a European listed company to create a joint venture with a famous China company in Shenzhen to manufacture LED panels, conducting due diligence, negotiating and drafting the joint venture contract and shareholders’ agreement.
  • Assisting a European listed company to acquire a Chinese sports equipment manufacturing company, conducting due diligence, negotiating and drafting the share purchase agreement and the joint venture contract.
Gan Wang
Tel: 6288 8682

Tax Law

We advise both international conglomerates and SMEs, investment funds and individuals, whether they are resident or non-resident, through:

Active participation, in advance, in support of our clients’ decision making regarding:

  • the reorganization, investment or expansion transactions
  • the management packages and tax optimization of income
  • the individual estate plans and temporary or permanent tax relocation abroad.

Assistance of our clients both with their day-to-day tax management and with their one-off transactions, regarding:

  • Corporate income taxation
  • International and group taxation
  • Taxation of reorganizations (mergers and acquisitions, LBOs, partial asset contributions, spin-offs)
  • Taxation of the company managers and executives, especially expatriates
  • Assets taxation
  • VAT
  • Real estate taxation
  • Personal income taxation
  • International trade related taxes
  • Tax audits and litigation

Some legal cases managed by our Tax Law team:

  • Assisting an international maritime transporter in tax filing of an indirect transfer of equity interest in China
  • Tax advice on the structuring of merger and acquisition deals (working with our corporate team) for a number of foreign investors
  • Advising a number of expatriates on their personal income tax situation in China and assisting with tax optimization, filing and investigations
Gan Wang
Tel: 6288 8682
Xueting Guo
Tel: 6288 8682

Intellectual Property Law

The experts on our intellectual property team advise clients on:

  • Developing successful IP strategies in China
  • Ensuring proper registration of your IP in China
  • Enforcing IP rights in China (licensing, transferring; anti-counterfeit, etc.)
  • IP related disputes

Some legal cases managed by our IP team:

  • Assisting a European shoe company in seizing back its trademark after it was registered by a Chinese company in bad faith
  • Assisting companies in various industries with enforcing their rights by attacking counterfeits sold online and offline
  • Assisting several French wine producers with developing intellectual property strategies in France and China, particularly:
    • by registration of several Chateau trademarks, labels, designs and domain names
    • by drafting and negotiating intellectual property rights assignments
    • by assisting in the protection of rights during conflicts with third parties (trademark and label infringement, passing-off, etc.) before competent courts or arbitration centers
Dan Xu
Tel: 6288 8682

Employment Law and Compliance

Da Wo’s Employment law department provides practical advice and solutions to companies, senior managers and employees on all matters related to employment laws and regulations, including:

Employment Contract & Other Employment Related Documents:

  • Preparation, amendment and perfection of employment contracts and related documents
  • Participation in consultations, negotiations, signing of employment contracts and related documents
  • Design and optimization of international mobility (dispatching, recruitment, employment, etc.)
  • Optimization of shareholding structure and tax planning (in coordination with the Corporate and Tax Department)

Company Rules & regulations:

  • Preparation, amendment and perfection of employee handbooks and other company rules and regulations
  • Establishing legal formulation and publication procedures of all company rules and regulations

Daily Advisory:

  • Providing practical answers to various questions concerning labor laws and regulations
  • Providing updates on laws and regulations and adjusting employment related documents accordingly
  • Providing advice regarding the termination of employment contracts or labor relationships
  • Advisory on health and safety operations and work-related accident management
  • Streamlining labor relationships, including relationships with the labor unions

Business reorganizations:

  • Employment law due diligence for mergers and acquisitions
  • Employment law advice related to transactions such as sales, spin-offs, mergers, business transfers, changes of control, etc.
  • Designing employment preservation plans, preparing related documents and providing advice regarding the implementation of the preservation plan

Labor Disputes:

  • Providing advice on adhering to legal requirements and contractual obligations to prevent disputes
  • Providing settlement suggestions and participating in non-judicial negotiation, mediation and conciliation regarding labor disputes
  • Representing clients during labor arbitration and litigation

Legal Audit and Compliance Investigation:

  • Conducting internal investigations regarding fraud, corruption and other misconduct of the management and related employees
  • Conducting compliance audits regarding employment management

Training Services:

  • Providing knowledge and hands-on training on labor laws and regulations
  • Providing anti-bribery & corruption training and other compliance trainings
  • Providing trade secrets protection training

Some legal cases managed by our Employment Law team:

  • Successfully assisting a European company in automobile industry to relocate its WFOE from Shanghai to Wuxi smoothly, in particular the employees’ arrangement and labor disputes resolution
  • Conducting employment compliance audit for the acquisition of a French high-tech Company by a Japanese high-tech company and assisting with the employment preservation and transfer plan
  • Successfully assisting a global logistics company to dismiss a senior manager who was taking fake sick leave
  • Assisting a European company in the subcontracting and semi-finished products sectors with long-term disputes between the management and the labor union
  • Assisting a European company in the subcontracting and semi-finished products sectors with long-term disputes between the management and the labor union
Maggie Jia
Tel: 6288 8682

Private Law

Da Wo’s Private Law team can assist China citizens and expats with their marriage and other family-related issues, such as:

  • Drafting and amending the legal instrument, such as pre-nuptial agreements, cohabitation agreements, separation agreements, divorce agreements, and will;
  • Provide expert legal opinion;
  • Counsel witness;
  • Arranging the notarization;
  • Wealth management;
  • Handling and advising on divorce, child support, domestic violence, division of assets and inheritance both for China citizens and Expats living in China.

Some legal cases managed by our Private Law team:

  • Helped the client reach the mediation agreement in 15 days via negotiation and court mediation in a foreign-related divorce case
  • Provided the expert legal opinion in an international divorce case
YaCong Lin
Tel: 6288 8682

Insolvency, bankruptcy

Da Wo’s bankruptcy/insolvency team is dedicated to assisting companies and their executives facing legal or financial difficulties, including dealing with their creditors or buyers:

In terms of prevention:

  • Representation in ad hoc mandate procedures or friendly settlement of difficulties
  • Negotiations of agreements with the company’s creditors
  • Implementation of refinancing solutions

In terms of judicial resolution:

  • Assistance with opening, carrying out, and terminating court procedures for safeguard, recovery and winding up
  • Advice on the declaration of insolvency
  • Defense in the event of officer and director liability

In terms of company purchases:

  • Assistance to the potential buyer in determining the perimeter of its offer
  • Preparation, drafting and presentation of the offer
  • Defense of the offer before the competent court in the presence of the procedural bodies
Gan Wang
Tel: 6288 8682
Zi Wang
Tel: 6288 8682

Litigation

Our team is composed of lawyers registered at the China Bar Association with the license to represent clients before Courts and Arbitral Tribunals. Thus, they can offer comprehensive advice from the initial consultation, to the planning and preparation of your litigation/arbitration strategy, through to the end of the proceedings and the enforcement of decisions, in all areas of practice:

Pre-litigation/arbitration phase

  • Determination of the strength of the legal position
  • Assistance and/or representation in all phases of negotiation
  • Drafting and monitoring of agreements

Trial phase

  • Filing or answering a litigation/arbitration case, Representation during the proceedings, Appeals
  • Implementing emergency proceedings as well as any useful protective measures

Application for enforcement

Zi Wang
Tel: 6288 8682
YaCong Lin
Tel: 6288 8682