Practices
As a traditional practice area, litigation and arbitration constitute a core area in the legal services provided by Dongwei. We have extensive experience in litigation, arbitration and other alternative dispute resolution. Practice of the Litigation and Arbitration Department includes:
1.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.
2.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.
Criminal Defense and Administrative Lawsuits
Criminal defense is one of Dongwei’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
- Meeting with criminal suspects in custody
- Enquiring about the case
- Providing criminal suspects with legal advice
- Applying on behalf of criminal suspects to obtain guarantors pending trials
- Filing petitions and complaints on behalf of criminal suspects
- Meeting with defendants and examining the case files
- Conducting investigations
- Collecting evidence
- Conducting an exchange of opinions with the public prosecution organs
- Filing petitions with the public prosecution organs not to initiate a prosecution.
- Consulting the case files
- Meeting with the defendants
- Conducting an investigation and collection of the evidence
- Drawing up the speeches of defence
- Acting for the defence and participating in court hearings
- Acting for the defence and making plea and debating
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
Labor & Employment
As China refines its labor and employment legislation, the relationship between employer and employee is constantly evolving. Understanding your obligations and rights can minimize conflicts and increase efficiency.
we help our clients to understand their legal obligations and to protect their interests. Our Labor and Employment Law Practice lawyers are experts in all aspects of the current regulatory environment. We ensure that our clients’ labor strategies conform to their overall strategic goals by ensuring both current and future regulatory compliance and strong, culturally aware internal labor management policies.
In close cooperation with our Dispute Resolution Group, our lawyers assist clients in managing disputes where they become unavoidable, exploring negotiations and alternative resolution methods where possible, and defending clients in litigious actions where necessary. We also provide counseling services to clients seeking to minimize the likelihood of disputes occurring.
Our Expertise
- Drafting and revising employee confidentiality agreements, training agreements, non-compete agreements, and other related agreements in connection with employment contracts;
- Representing corporate clients in labor dispute negotiations, arbitration proceedings, litigation and appeals.
- Reviewing and revising employment contracts, service contracts, working agreements, dispatch agreements for senior management and other employees.
Legal adviser
Legal adviser, as a lawyer , provide legal advice to enterprise in litigation, contracts and other legal documents, mediating legal disputes in order to protect the interests and avoid risks.
Dongcai is able to provide clients with comprehensive corporate governance and compliance advice thereby reducing or avoiding the risk of administrative penalties, civil liability, criminal liability or other risks with the potential to adversely affect our clients businesses, ensuring that the reputations and images of institutions and individuals remain protected.
Dongcai's compliance lawyers are experienced in applicable areas such as employment, environment, anti-bribery, government contracting, intellectual property, international trade, privacy and record retention. Our attorneys also advise clients on the management of internal and external claims, litigations and other legal risks.
The legal counsel will provide the following services：
- Providing answers to legal questions, and issuing written legal opinion when necessary；
- Assisting in drafting and reviewing contracts and other legal document；
- Participating in contract negotiation；
- Participating in litigation, non-litigation activities, arbitration, and intermediation；
- Handling other legal matters on behalf of clients.
M&A(DD)
At Dongcai, we regularly handle complex merger and acquisition transactions involving listed companies. We advise on tender offers, exemptions from tender offers, mergers & spin-offs, major restructurings, share repurchases, and the purchase and transfer of shares & assets. We provide innovative and meticulous advice on all matters arising in the mergers and acquisitions of listed companies, designing transaction structures to the best advantage of the client and providing practical solutions to every legal issue presented by each individual transaction.
Corporate
- Incorporation, division, transfer, presentation, heritage and property mortgage of company.
- Long-term legal consultant
- Completion of legal person governance of company
- Standardization and legal risk prevention and control of company
- Corporate governance-related disclosure requirements;
Securities and Finance
Securities and finance practice is another key practice area for Dongwei. 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, Dongwei 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 aeroplanes, shipping vessels and other equipment
Real Estate
Our real estate department has many sophistated and well-known lawyers specializing in real estate legal affairs, who have possessed strong professional capabilities and enjoyed prestigious reputation. Our real estate department has established close business connections with Ministry of Construction, related real estate administrative departments of Beijing Municipal Government and the enterprises, as it enables us to provide the developers with omni-directional legal services. Our services for the real estate project operation commerce from the the planning stage after the developer has decided on the project, and the services featuring as being all-around, highly efficient and good quality help to secure the ultimate investment interests of the developers.
Our services include:
● Incorporation of real estate development and management companies;
● Grant, transfer of State land-use right;
● Land requisition, house teardown, move and related settlements and
compensation;
● Mortgage loan of land-use right;
● Quality examination of construction units and management of construction;
● Domestic and abroad sales and presales of property;
● Mortgage, sales, lease and auction of property;
● Property management;
● Litigation and arbitration regarding property disputes.
IP Legal
Doing business in China presents unique challenges and firms which want to leverage their IP assets recognize the value of effective legal counsel in their commercial dealings, especially in today's fast-growing Chinese economy. Our IP Legal Practice advises clients on all aspects of commercial IP, from developing IP portfolio management strategies to conducting IP due diligence activities to the drafting of commercial licensing agreements. By working closely with our Patent, Trademark, and IP Litigation Practices, our IP Legal Practice can provide our clients with comprehensive legal solutions to meet their IP legal needs in today's China.
Our Expertise
- IP Audits & Strategic IP Portfolio Management
- Commercial IP Transactions
- IP Due Diligence
- IP Litigation
- Trademark
Dongwei 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.
Dongwei 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.
Bankruptcy, Restructuring & Liquidation
Dongcai's Bankruptcy, Restructuring & Liquidation Practice brings together a broad range of business advisory, financial advisory and crisis management skills with extensive experience in insolvency & restructuring matters to help clients navigate the challenges of restructuring financially-troubled companies.
• Special Servicing of Non-performing Assets
• Due diligence for the securitization of non-performing assets
• Packaging & sale of non-performing assets
• Debt recourse or restructuring
• Bankruptcy & Reorganization
• Special Clean-ups for Securities Organizations
• Bankruptcy Settlements & Reconciliation