Dayu Law Office

Corporate legal affairs

As one of Dayu's core businesses, corporate legal affairs have a solid theoretical foundation and rich service experience. Dayu provides clients with consulting opinions and design plans related to company establishment, operation, change, and termination, and assists companies in improving their governance structure and conducting internal risk control, focusing on corporate financing, company equity structure, and management structure involved in company operations. We will carry out legal design for the company's equity incentive mechanism as well as chain and franchise projects. We will conduct preliminary investigations based on the different situations of each enterprise to ensure that we provide customized legal services and become a solid backing for the development of our clients' enterprises. Internally, we design equity structures and partnership systems for various companies, including partnerships; provide corporate governance services for family businesses and other types of enterprises; design management incentive systems and employee stock ownership arrangements for various companies Design etc. Externally, we coordinate with business strategies to design investment and transaction frameworks to ensure the safety and controllability of company operations.

Service items include but are not limited to:

establishment, change, division, merger, liquidation and cancellation, capital increase and decrease

of various types of companies; framework design for investment, financing and mergers and acquisitions

; asset and debt restructuring;

matters closely related to corporate governance structure, equity, shareholders' and creditors' rights and interests Corporate dispute resolution;

corporate structure governance;

equity structure, equity incentives and partnership system;

company comprehensive or single module risk management;

state-owned enterprise restructuring and property rights transactions;

company's perennial legal advisor.

Criminal litigation legal services

Criminal business is one of Dayu's specialties. Dayu's criminal business department is composed of a number of senior lawyers who are proficient in criminal law and criminal procedure law. Most of them graduated from well-known domestic political and judicial schools. They are professional and proficient in handling various types of cases. He has rich practical experience and successful cases in major, difficult and complex criminal cases, especially in the fields of commercial crimes, financial crimes and job-related crimes.
 

For the criminal cases we handle, we will follow up in detail at all stages of investigation, review, prosecution, and trial, intervene in the investigation as early as possible and provide the best legal advice. We have handled numerous economic job crime cases and provided criminal defense services for corruption and bribery, job embezzlement, illegal business operations, smuggling, money laundering, etc.
 

In terms of criminal risk prevention, Lawyer Dayu advocates the combination of practice and theory, and strives to provide clients with professional legal services in a rigorous, prudent and efficient manner, and to predict, reduce and avoid the possible risks that enterprises and their senior managers may face to the greatest extent. Criminal risks; in terms of criminal defense, we have rich experience in defense angle selection, court cross-examination, debate, etc. We have repeatedly strived to maximize the interests of the parties in major and difficult cases, and have won high praise from the parties and the industry.
 

Services include but are not limited to:
 

Accept invitations from state agencies, enterprises and institutions, and various legal entities to conduct occupational crime prevention and criminal risk prevention and control training for senior executives.
 

Provide legal assistance to parties during the investigation stage: meet with criminal suspects to learn about the alleged crimes and related cases, provide legal advice to criminal suspects, apply for bail pending trial for criminal suspects, and represent appeals and accusations
 

Defend criminal suspects during the review and prosecution stage: review, excerpt, and copy relevant litigation documents and technical appraisal materials of the case, meet and communicate with criminal suspects, investigate and collect relevant evidence materials, and provide relevant opinions to the procuratorial organs
 

Defend the defendant at the trial stage: during the first and second instances, review, excerpt, and copy case-related materials; meet and correspond with the defendant, investigate and collect evidence, participate in court hearings, and put forward defense opinions that the defendant is innocent or the crime is minor
 

Defending the defendant during the death penalty review stage: meeting and communicating with the defendant, investigating and collecting evidence, and putting forward defense opinions that the defendant is innocent or guilty or the death penalty should not be approved.
 

Agency for appeal cases: prepare appeal materials on your behalf, file retrial cases on your behalf, and participate in the defense of retrial cases.
 

Acting as agent in criminal cases: Acting as agent for reporting and charging crimes in private prosecution and public prosecution cases, and acting as litigation agent for parties involved in incidental civil litigation.

Real Estate and Construction Engineering

Dayu is an important participant in the real estate development industry. The Real Estate Legal Affairs Department has long provided development and operation legal services to government departments, developers, investment banks, self-use project owners, and domestic and foreign investors in related fields. The service scope covers comprehensive land development, land transfer, project investment and financing, real estate development, project transfer, various mergers and acquisitions transactions, commercial housing sales, property operation and management, real estate enterprise listing and real estate asset securitization, infrastructure and PPP, environment and energy , real estate-related dispute resolution, etc., comprehensively covering residential real estate, office real estate, commercial real estate, industrial real estate, theme parks, retirement real estate, tourism real estate, hotel management, golf course design and construction and other sub-sectors.
 

Services include but are not limited to:
 

Land development: land resources arrangement and planning, land acquisition and demolition compensation, resettlement, transactions (assignment or transfer or project acquisition), cooperative development, establishment and transfer of rural land contract management rights, etc.;
 

Real estate project investment: project inspection and due diligence, design of investment and M&A models, contract negotiation, transaction fund supervision, approval and registration, tax arrangements, investment in urban renewal projects, bank non-performing real estate assets and project investment, overseas real estate projects Investment, etc.;
 

Real estate management: establishment of project company, legal structure of operation, pre-sale, sales, mortgage, leasing, property delivery, property management, property commercial layout and operation, etc.;
 

Real estate financing: general financing, private equity investment and financing, trust financing, asset securitization, initial issuance (IPO) of real estate companies in domestic and overseas capital markets, refinancing of listed real estate companies, etc.

Labor Law

Dayu attaches great importance to the importance of labor law matters to society, individuals and corporate clients, and collects extensive data and information in this field to provide every client with in-depth legal assistance. Focusing on establishing labor and human resources management systems for clients, handling daily labor compliance consultations, and assisting in handling various labor contract disputes, labor personnel disputes and employment disputes under complex labor law environments, he has rich experience.
 

Services include but are not limited to:
 

Served as a perennial special legal consultant on labor law, providing professional legal advice for the company's human resources strategy, and assisting the company in establishing and improving human resources management operation strategies and legal solutions with labor and employment as the core.
 

Draft, review, and revise employment management systems such as employee handbooks, salary and benefit plans, and related contracts, agreements, and other legal documents, assist the company in building and improving employment systems, contract systems, and management processes, and provide solutions.
 

Assist companies in the process of corporate restructuring, listing, mergers and acquisitions, and bankruptcy to formulate layoff diversion and resettlement plans, handle labor law-related issues in equity incentive plans, and formulate response and handling measures for disputes arising therefrom.
 

Assist the company to improve and improve corporate trade secret protection measures, draft, revise and review confidentiality agreements, non-compete agreements and related management systems.
 

Under the labor dispatch and labor outsourcing employment model, the company drafts, modifies and reviews employment-related agreements and other legal documents, and formulates and implements compliant and safe legal solutions.
 

Regarding legal issues related to the employment and employment of Hong Kong, Macao, Taiwan and foreigners in China, we will formulate compliance arrangements, provide special solutions, and draft, revise and review various required legal documents.
 

Participate in the establishment and operation of trade unions and employee congresses, provide legal opinions and suggestions; participate in collective negotiations between the company and employee representatives, draft and modify collective contracts, and assist the company in handling relevant collective disputes.
 

Provide case responses and solutions to sudden collective labor incidents such as work stoppages, slowdowns, and petitions in enterprise labor and employment management, as well as potential collective labor disputes and conflicts.
 

In labor and personnel dispute arbitrations, litigation cases and other related litigation cases arising from employment management, represent clients in arbitration and litigation cases.
 

Provide professional legal training on the understanding and application of relevant legal issues involved in human resources management and the latest promulgated legal policies.

Civil litigation and arbitration legal servicesCivil and Commercial Litigation

Dayu’s dispute resolution team lawyers all graduated from top law schools at home and abroad. Most of them have rich practical experience in courts at all levels, major arbitration committees, and first-class law firms, and have a deep understanding of China’s legal system and judicial practice. Many lawyers are able to work in multiple languages ​​including Chinese, English, French, Japanese, and Korean, ensuring that clients are provided with cross-jurisdictional, multi-lingual high-quality services in the field of civil and commercial litigation. There are also many lawyers in the team who have served in judicial or administrative agencies, or as arbitrators on major arbitration committees, and have rich practical experience in judicial and administrative law enforcement.

The main legal services that Dayu can provide in civil and commercial litigation are as follows:

• Provide comprehensive legal advice to parties on legal risk prevention
• Provide parties with comprehensive case analysis, formulate litigation response strategies, and propose alternative solutions to disputes
• Assistance The parties take temporary injunction measures (including personal and property) against the opposite party in the case
• Represent the parties in the mediation and negotiation procedures at all stages including pre-litigation, litigation and execution related to various civil and commercial litigations
• Represent the parties in various civil and commercial litigations Commercial litigation cases, especially major, difficult and complex civil and commercial litigation cases, as well as the first instance, second instance, retrial, enforcement (including cross-border enforcement) and other procedures of foreign-related civil and commercial litigation cases. Civil and
Commercial Arbitration
Dayu encourages lawyers to serve as China International Economic and Trade Arbitrators of the Arbitration Commission and other local arbitration commissions. Dayu has extensive experience in representing arbitration cases and handling emergencies. He has successfully represented domestic and foreign clients in many major, difficult cases with widespread social impact, including all legal matters including civil, commercial and administrative matters. fields, involving all walks of life at home and abroad. While committed to helping clients win disputes, we skillfully use wisdom and knowledge to help clients and dispute parties achieve reconciliation and minimize clients' dispute resolution costs.

The main legal services that Dayu can provide in civil and commercial arbitration are as follows:

domestic and international (including Hong Kong, Macao and Taiwan) trade dispute arbitration;

company equity dispute arbitration;

domestic and international investment dispute

arbitration; enterprise/company merger and acquisition dispute arbitration;

international financial dispute arbitration ;

Domestic and foreign maritime and maritime arbitration;

labor and personnel arbitration.

Intellectual property legal services

Adhering to an excellent service model, Dayu has trained a group of lawyers with profound theoretical foundations and rich practical experience, and has undertaken a large number of influential intellectual property cases. In patents, trademarks, copyrights, trade secrets, anti-unfair competition and other businesses Protect the rights and interests of parties in the field. Dayu focuses on working closely with well-known trademark and patent agencies in the industry to provide intellectual property protection services such as trademark registration, patent application, software registration, and domain name registration. In recent years, Dayu has moved from traditional intellectual property business to providing legal services for high-end intellectual property businesses such as network intellectual property, e-commerce, license trade, franchising and high-tech. The professional team is not only familiar with international conventions, domestic laws, regulations and policy provisions on intellectual property, but has also represented a large number of intellectual property litigation cases, many of which are famous domestic intellectual property cases.
 

Services include but are not limited to:
 

Copyright legal affairs: application and administrative investigation of copyrights in film and television media and entertainment, cultural and creative protection, computer software, etc.;
 

Trademark: Trademark rights protection, judicial recognition of well-known trademarks, trademark licensing and transfer. Domestic trademark application, Madrid international trademark application, trademark opposition, trademark review, infringement administrative investigation and other legal services;
 

Patent: patent search, patent analysis, domestic patent application, PCT international patent application, patent rights protection, patent licensing and transfer, patent invalidation, patent reexamination, patent infringement administrative investigation and other legal services;
 

Anti-unfair competition: Provide competition strategy analysis reports, anti-unfair competition litigation, including commercial confusion about corporate names, product packaging and decoration, leakage of trade secrets, false publicity, etc.;
 

Domain name registration and network-related registration, as well as disputes and litigation related to domain name squatting, domain names, business names, trademarks, etc.;
 

The protection of network communication rights and copyrights such as the Internet and mobile networks, as well as the protection and litigation of innovative technologies such as databases and cloud computing, data and privacy rights;
 

Technology project consultation and application, intellectual property evaluation and investment and financing, legal services for intellectual property operation of self-media enterprises, etc.