Main achievements of Wenkang Law Firm

Wenkang has made outstanding achievements in commercial litigation, maritime affairs, real estate, foreign investment and trade, intellectual property, financial securities, labor services and other professional fields. The team of lawyers specializing in maritime affairs and real estate is in the leading position in China, and the majors such as financial securities are among the best in Shandong Province. Among the cases represented by Wenkang lawyers, there are many complicated and difficult cases that have great social influence in the whole province and even the whole country. The following parts are listed:

Commercial litigation case

L Acting for Aucma Group's debt crisis series cases

Since 2005, Wenkang lawyer has been hired to participate in the debt restructuring of Aucma Group, which has provided strong legal support for Qingdao to successfully solve the debt crisis of Aucma. In the process of dealing with Aucma's debt crisis, he successfully represented more than 20 complicated historical debt disputes, all of which won the case in an all-round way, including some classic cases that caused great social repercussions, such as "Qingdao Aucma Group v. Gansu Haixin Industry and Trade Co., Ltd. and Joe's rebate contract dispute case". In 2006, the lawyer was entrusted by Qingdao Aucma Group Company to represent Aucma Group Company v. Gansu Haixin Company and Joe. The case was closed and won in 2007. In 2006, it was rated as one of the top 20 most influential cases in China.

L. Handling loan disputes on behalf of Qingdao Marine Fisheries Company and DAC China Special Opportunity (Barbados).

In May 2008, lawyer Yin Qifeng and his team of lawyers represented Qingdao Ocean Fishery Company, the aquatic products processing factory of Qingdao Ocean Fishery Company and Limited Company in a loan guarantee contract dispute, and the amount of litigation subject matter exceeded 1 100 million yuan. In the lawsuit, lawyer Yin Qifeng represented the defendants Qingdao Ocean Fishing Company and the aquatic products processing factory of Qingdao Ocean Fishing Company, and effectively defended the limitation of action for creditor's rights, the scope of joint and several liability guarantee and the guarantee period. In order to facilitate the settlement, Yin Qifeng, a lawyer, put forward the view that the plaintiff's creditor's rights transfer is suspected to be invalid on the basis of fully demonstrating the plaintiff's creditor's rights transfer procedure, and obtained the authorization of the client to start the invalid litigation procedure. Due to the defendant's active defense, the plaintiff DAC China Opportunity (Barbados) Co., Ltd. greatly reduced the settlement expectation. Finally, the case was settled and the dispute was resolved, which enabled Qingdao Marine Fishery Company to have funds to resettle hundreds of laid-off workers and achieved good social effects.

L stands for Qingdao Yuanyang Xianghe Industry and Trade Co., Ltd., Tsingtao Brewery Co., Ltd. and New Century International Co., Ltd.

1997165438+10 In October, Tsingtao Brewery Co., Ltd. signed an entrustment processing agreement with Qingdao Yuanyang Xianghe Industry and Trade Company and its partner New Century International Co., Ltd., and Xianghe Company and New Century Company provided barley to Tsingtao Brewery, and Tsingtao Brewery was entrusted to process it into beer and paid the above two companies. After Tsingtao Brewery Company claimed to send 380,000 cases of wine to New Century Company successively, it should be regarded as sending wine to Xianghe Company.

Xianghe Company denied the cooperative relationship with New Century Company and refused to bear the legal consequences for New Century Company's lifting of 380,000 cases of Tsingtao Brewery. In July, it filed a lawsuit with Qingdao Intermediate People's Court with 1999, demanding Tsingtao Brewery to pay the difference of 30.09 million yuan between barley and beer. After the case was tried by the Municipal Intermediate People's Court, a judgment of first instance was made in July, 2000, and it was found that the entrusted processing agreement signed by Tsingtao Brewery Company and Xianghe Company and the third party New Century Company was actually a barter contract, and it was found that Xianghe Company and New Century Company had a cooperative relationship in this barter trade. Tsingtao Brewery Company was ordered to return the payment of Xianghe Company for about 490,000 yuan. Xianghe Company refused to accept and appealed to the Provincial High Court. 200 1 10, the provincial high court ruled that the case was sent back to the city intermediate people's court for retrial. In May 2003, the Municipal Intermediate People's Court made the first-instance judgment (2002) Jing Qing ChongziNo. 1 after retrial of the case, and still ruled the cooperative relationship between Xianghe Company and New Century Company in this case, and ordered Tsingtao Brewery Company to return the payment to Xianghe Company for about 790,000 yuan.

Xianghe Company still refused to accept the judgment, appealed to the Provincial High Court, and hired lawyer Zhang Jinhai from Wenkang Law Firm. After analyzing the case in detail, lawyer Zhang Jinhai grasped the key issue of the time sequence of the establishment of the two legal relationships, namely, the trade contract relationship between Xianghe Company and Tsingtao Brewery Company and the cooperation relationship between Xianghe Company and New Century Company, arguing that there is no legal relationship between New Century Company and the barter trade in this case, and Xianghe Company will not bear the legal consequences of the company extracting 380,000 cases of beer in New Century. The Higher People's Court of Shandong Province adopted Mr. Zhang's opinion and finally ordered Tsingtao Brewery Company to return the purchase price of Xianghe Company and pay the sacks at a discount, totaling about 23.78 million yuan.

After the judgment of this case came into effect, shanghai securities news reported the case in detail with the title "The amount of compensation for an old case increased 40 times in five years", which caused great repercussions in the industry.

Maritime case

L Claim for marine ecological damage caused by oil spill in Penglai 19-3 oilfield in Bohai Sea

On June 4th, 20 1 1, an oil spill occurred in Penglai 19-3 oilfield in Bohai Sea operated by ConocoPhillips China Co., Ltd. After the oil spill, Beihai Branch of the State Oceanic Administration made a claim for marine ecological damage to public legal service institutions nationwide. After many investigations and selections by the expert group, the firm, represented by lawyers Sun, Gao and Gao, finally became one of the four legal service agencies designated by Beihai Branch of the State Oceanic Administration with the second place, and formed a team of lawyers with three other colleagues from Shanghai, Beijing and Guangdong, and * * * undertook Penglai 19.

The case was closed on April 20 12. After more than eight months' hard and meticulous work, ConocoPhillips China Co., Ltd. and China Offshore Oil Corporation * * paid16.83 million yuan to compensate the marine ecological loss and undertake the responsibility of protecting the Bohai Sea environment.

L Acting for the merchant ship "Nova" of China to issue a lawyer's statement on the shelling incident of Russian border guards.

On February 15, 2009, Russian border guards shelled the merchant ship "Nova" of China. Wenkangyuan accepted the urgent entrustment of Jiruixiang Shipping (Hong Kong) Co., Ltd., the bareboat charterer of Xinxing. Two lawyers, Sun and Guo, made a lawyer's statement on behalf of Ji Ruixiang Company on March 8 after doing a lot of investigation and personally asking the crew at that time, in order to clarify the facts and clarify the right and wrong.

To assist Qingdao in the aftermath of the sinking accident of the Chang Ying in the Taiwan Province Strait.

In August 2009, the Chang Ying of Qingdao Datong Company was sunk by a typhoon in the Taiwan Province Strait, killing 22 crew members. Lawyer Sun was appointed by Qingdao Municipal Bureau of Justice to assist the municipal government in dealing with the aftermath, and his professional service and outstanding performance were highly praised by the government leaders.

L represented Sinopec in the case of tort compensation for the stolen oil spill accident of submarine oil pipeline.

On February 2, 2005 and March 2, 2006, two submarine oil pipelines from Chengdao Oilfield Center 1 of Shengli Oilfield Company of China Petrochemical Company to Haisan Station of offshore oil production plant were drilled by criminals, resulting in crude oil leakage and serious marine pollution. From June, 2007 to July, 2008, in Dongying, Yantai and Tianjin, marine farmers and marine fisheries bureau filed a lawsuit in the maritime court on behalf of the country, suing Sinopec and its affiliated companies, claiming huge losses of more than 5 million yuan in aquaculture and fishery resources. Entrusted by Sinopec, lawyers Gao, Gao and Gao appeared in court as agents. The team of lawyers gave full play to their professional expertise and did a lot of hard and meticulous work. With superb case handling skills, they finally successfully solved the above-mentioned series of oil spill cases, which were recognized by courts at all levels and highly praised by customers and Sinopec headquarters.

Intellectual property cases

L on behalf of Shandong Hanlin Biotechnology Co., Ltd. v. Shanghai Kaisai Biotechnology R&D Center Co., Ltd. and Shandong Kaisai Biotechnology Materials Co., Ltd.

20 10 In May, Shanghai Kaisai Biotechnology R&D Center Co., Ltd. and Shandong Kaisai Biotechnology Materials Co., Ltd. filed a patent infringement lawsuit with Shanghai No.2 Intermediate People's Court on the grounds that Shandong Hanlin Biotechnology Co., Ltd. infringed on Shanghai Kaisai's invention patents and trade secrets, demanding that Shandong Hanlin immediately stop producing and selling the patented products involved and compensate economic losses of 45 million yuan, and published them in People's Daily and other newspapers.

Wen Kang filed a lawsuit on behalf of Shandong Hanlin. On the basis of studying the claim and protection scope of the patent involved, some countermeasures are taken, such as invalid patent application and responding actively as a non-infringement defense. On the one hand, it filed an application for invalidation of Shanghai Kaisai invention patent with the Patent Reexamination Board of the State Intellectual Property Office, on the other hand, it carefully organized evidence to refute the other party's claim from both facts and laws. 20 1 1 In March, the Patent Reexamination Board of the State Intellectual Property Office made a patent examination decision, declaring all invention patents involved in Shanghai Kaisai invalid; Subsequently, Beijing No.1 Intermediate People's Court decided to reject all the claims of Shanghai Kaisai patent invalidation administrative litigation. 2065438+February 2002, the Shanghai No.2 Intermediate People's Court ruled that all the claims of Shanghai Kaisai and Shandong Kaisai against Shandong Hanlin were rejected because the invention patents involved were declared invalid.

L Acting Resident Fertilizer (Qingdao) Co., Ltd. v. Liu Jinbo (case of patent ownership dispute)

On June 5438+ 10, 2008, lawyer Zhao represented Sumitomo Fertilizer (Qingdao) Co., Ltd. in a patent ownership dispute case. This case is a patent ownership dispute caused by applying for copying technology and obtaining patent right, which is completely different from the patent ownership dispute usually caused by service invention and technology development. The first-instance judgment of Qingdao Intermediate People's Court supported the plaintiff's claim and awarded the defendant's patent right to the plaintiff. The defendant refused to accept the appeal. In September 2009, the second instance of Shandong Higher People's Court upheld the judgment of the first instance. There are few precedents for similar cases in domestic judicial trials, which makes the judgment of this case have certain typical significance and reference value. This case was rated as one of the top ten intellectual property cases of Qingdao Intermediate People's Court on 20 10, and won the "Top Ten Case Award" of China Lawyers' Intellectual Property Business Innovation Forum on 20 10.

L Acting Ma Daqing v. Shandong Food and Fu Shan Group for unfair competition.

In 2007, lawyer Zhang Jinhai and his team were entrusted by Ma Daqing to represent Ma Daqing in the unfair competition case of Shandong Food Import and Export Corporation, Shandong Fu Shan Group Co., Ltd., Shandong Fushan Rishui Co., Ltd. v. Ma Daqing and Qingdao Shengke Dacheng Trading Co., Ltd., and lawyer Zhang Jinhai accurately explained the different meanings of business opportunities and business secrets, and proposed that there should be legal provisions (such as the provisions of the Company Law on the restriction of senior executives' competition) or prior agreement, otherwise it would not be unfair or inappropriate. Lawyer Wen Kang's agency opinion was adopted and the client won the case. The case was widely reported by the People's Court Newspaper and other media, and was named as one of the top ten intellectual property cases in Shandong Province in 2009.

L represented Qingdao Maikaile Company and Japan Maikaile in the trademark infringement dispute.

In 2007, Japanese company MYKAL filed a trademark infringement lawsuit with Qingdao Intermediate People's Court, demanding that Dashang Group and Qingdao Mykal Company stop using "Mykal" and "Mykal" as trade names, brands and logos, and compensate for the loss of 200,000 yuan. Lawyer Sun was entrusted by Qingdao MacKay to respond to the lawsuit, arguing that Japanese MacKay had no market operation in Qingdao, and the trademarks of "MacKay" and "MacKay" were not well-known. At the same time, Qingdao Mykal Company has established the popularity and reputation of "Mykal" and "Mykal" through its own extensive publicity and promotion, and there is no situation of riding the brand of Mykal Co., Ltd. Qingdao Mykal Company uses "Mykal" as its corporate name only to mark the sales place, which will not cause confusion and misunderstanding among ordinary consumers. The Qingdao Intermediate People's Court adopted the opinion and made a final judgment in 2008, rejecting all of Le's claims. The case was rated as one of the top ten intellectual property cases in Qingdao in 2009.

IPO listing case

In the past two years, the securities business of Wenkang Institute has sprung up suddenly and become one of the most influential securities law firms in the province. As an issuer's lawyer, Wenkang has provided services to more than 60 enterprises, and three projects have been successfully listed:

The stock of Shandong Lan Fan Plastics Co., Ltd. was listed and traded in Shenzhen Stock Exchange on April 20 10.

The shares of Qingdao Huaren Pharmaceutical Co., Ltd. were listed and traded in Shenzhen Stock Exchange on August 1 1 2065438.

Shandong Shengyang Power Supply Co., Ltd. was listed on Shenzhen Stock Exchange on May 6th, 20 1 1.

Listed projects of the National Small and Medium-sized Enterprise Share Transfer System (New Third Board):

Wenkang is one of the earliest law firms in Shandong Province to participate in the New Third Board business.

Wenkang New Third Board Project has been extended to Ji, Qing, Wei, Wei, Zi, Tang and other places, and successfully assisted more than 20 enterprises to set up joint-stock companies, 8 of which have passed the core of brokerage firms.

1, Shandong Shen Xin Information Industry Co., Ltd.

2. Shandong Yuanda Network Multimedia Co., Ltd..

3. Shandong Ganshun Mining and Metallurgy Technology Co., Ltd.. Qingdao Wang Ying information co., ltd. Qingdao haohai network technology co., ltd. Qingdao Yu Fang Automation Control Co., Ltd. Weifang Dongsheng electronics co., ltd. Weihai Yuan Hang Science and Technology Development Co., Ltd.

Bond issuance and bill financing projects

Corporate bonds (urban investment bonds) projects:

1, Qingdao Urban Construction Investment (Group) Co., Ltd. issued1700 million yuan municipal engineering construction bonds 2. Jining Water Supply Group Company issued 300 million yuan corporate bonds 3. Rushan State-owned Assets Management Co., Ltd. issued corporate bonds not exceeding1300 million yuan.

Medium-term notes and short-term financing bills:

1. Qingdao Urban Construction Investment (Group) Co., Ltd. issued 2 billion yuan medium-term notes and 1 100 million yuan short-term financing bonds. 2. Yantai Salvage Bureau issues short-term financing bonds of no more than 500 million yuan.

Private debt of small and medium-sized enterprises:

Wenkang Institute provides special legal services for private placement bond, a small and medium-sized non-public offering company of Qingdao Chengyang Vegetable and Aquatic Products Wholesale Market Co., Ltd., which is the first enterprise successfully registered on the Shanghai Stock Exchange since the pilot of private debt for small and medium-sized enterprises in Shandong Province.

Case of merger and reorganization project

Wenkang Law Firm has made great achievements in enterprise restructuring, financing and listing. Conduct due diligence on the prudence of many large enterprise groups before merger and acquisition, design merger and acquisition plans, participate in the negotiation of merger and acquisition projects, and cooperate with the performance and delivery of merger and acquisition projects; Help customers set up legal persons and partnerships, and assist in project feasibility analysis, investment model and equity structure design. Draft and review investment agreements, contracts, articles of association and other documents.

Provide special legal services for major M&A projects in the Mainland such as CIMC, China Resources Textile Group, SK Group and Haier Group.

Among them, China Resources Group is a powerful Hong Kong-funded enterprise group, and Wenkangyuan participated in the merger and acquisition projects of China Resources Group for Nantong No.3 Cotton Textile Factory, Sichuan Jinhua, Zhejiang Runchang, Jiangsu Taicang Lee Tae Textile Factory, Jiangsu Danmian Group, Shaanxi Tianwang, Huimin Cotton Textile Factory, Liaocheng Cotton Textile Factory and Linqing Cotton Textile Factory.

CIMC is the largest and most complete container manufacturing group in the world. Wenkang Institute participated in the merger and reorganization of container manufacturing companies and freezer manufacturing companies such as Qingdao Universe, Yangzhou Yun Tong and Yangzhou Tongli, as well as logistics and yard companies such as Tianjin Zhenhua, Qingdao Hengfeng, Fuzhou Haitou, Ningbo Runxin and Tianjin Huatai, and vehicle manufacturing companies such as Qingdao CIMC Special Purpose Vehicle, Liangshan Dongyue and Hubei Hongtu.

SK Group is the third largest multinational enterprise group in Korea. Wenkang participated in some of SK Group's investments and M&A projects in Shandong, mainly including the overall standardization of joint venture projects in Zibo, Shandong, the investigation and standardized disposal of joint venture projects in Heze, Shandong, and the merger and acquisition of gas companies in Jiaonan and Yantai and Ruida Energy companies.

Wenkang participated in the merger and reorganization of Haier Group on Zhongrun Tourism Investment Company, Shandong Detai Decoration Engineering Co., Ltd. and Beijing Lemei Technology Company.

In addition to the M&A projects of the above-mentioned group companies, Wenkangyuan also participated in a series of acquisition projects of China Petroleum Group Company in Shandong; Equity transfer project of Singapore Antai Electronics Co., Ltd.; Joint venture project of Shandong Mrs. Jinhong White Chemical Co., Ltd.; India Apollo Group acquired a tire enterprise project in Luoyang; Qingdao Guoxing Food Co., Ltd. acquired the projects of Zhanjiang Xu Jun Aquatic Products Company and Qingdao Shunfa Food Company; M&A Project of Qingdao Chen Zhong Investment Co., Ltd.; Pouchman AG's acquisition of Qingdao Zeqing Medical Equipment Co., Ltd.; Qingdao Guo Xin Group acquired Huiquanwan Plaza project; Qingdao Chengtou Group acquired Shenghai Hot Spring Project, etc. Wenkangyuan is a member of the intermediary agencies of provincial and municipal SASAC, and has participated in the restructuring of many state-owned enterprises. The restructuring projects of state-owned enterprises handled by Wenkang mainly include: the restructuring project of Shandong Hardware and Mineral Import and Export Corporation, the restructuring project of Sinochem to Huanghai Rubber Group, the restructuring project of Qingdao Aucma Group Industrial Development Company under Aucma Group, the organizational structure standardization business of Haifeng Group after the restructuring, and the restructuring project of Dalian Dongzhan Group.

Government legal service

In terms of government legal services, Wenkang has long served as a legal adviser to government departments. Including providing perennial legal consulting services for Qingdao Municipal Government, Development Zone Government, Laoshan District Government, Shibei District Government, sifang district Municipal Government, Municipal Local Taxation Bureau, Municipal State Taxation Bureau, Civil Affairs Bureau, Municipal Local Taxation Bureau Inspection Bureau, Municipal US Food and Drug Administration, Municipal Education Bureau, Municipal Administration for Industry and Commerce, Municipal Construction Committee, Municipal Land Bureau, Development Zone State Taxation Bureau, Development Zone Commodity Inspection Bureau and other government departments;

Wenkang Research Institute once provided legal design and legal services for Qingdao Municipal People's Government to requisition Zhong Yi Stadium. Qingdao Municipal People's Government and its entrusted agent Qingdao Yutai Property Development Co., Ltd. failed to perform their statutory duties; Entrusted by Qingdao Municipal Government, Qingdao Land Reserve Center, Qingdao Huangdao District Government, Qingdao Laoshan District Government and other government departments and real estate development enterprises for many times, he represented the Supreme People's Court, Shandong Provincial High Court and Qingdao Intermediate People's Court in disputes involving land transfer and real estate development; Served as legal adviser to sifang district government, providing legal services for sifang district government and French and Spanish investment consortia on the Sifang container terminal project; He used to be a perennial legal adviser to Qingdao Construction Committee, Qingdao Land and Resources Bureau, Qingdao Land Reserve Center and other departments, and provided important legal services in major urban construction activities such as municipal land reserve, public bidding and auction of state-owned land use rights, backlog real estate disposal, land clearing and urban management. Provide full legal services for the legal person recruitment of Qingdao Bay Bridge project.

Local legislation research and drafting project

In 2004 and 20 1 1, Wenkangyuan actively participated in local legislation, and was entrusted by the Legal Affairs Committee of the Standing Committee of Qingdao Municipal People's Congress and Qingdao Real Estate Development Administration Bureau to carry out legislative investigation and draft regulations on Qingdao Real Estate Development and Management Regulations and Qingdao State-owned Land Housing Expropriation and Compensation Regulations. Lawyer Liu Xuezheng, as a representative of the National People's Congress, put forward legislative suggestions, which promoted the final adoption of the regulations and was highly praised by the entrusting unit.