Law & Order
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Lee & Xu
attorneys, patent & trademark Agents
Lee & Xu, China Attorneys, Patent and Trademark Agents ("Lehman
Lee") is the largest and one of the oldest private, full-service law
firms in the People's Republic of China ("China").
We have consistently been rated among the top firms in China by our
peers and regional legal publications.
In 1999, Lehman Lee was selected as one of the top three law firms
in China by Asian Lawyer and a number of Lehman Lee's lawyers were rated as top
attorneys by Asia Law & Practice in the fields of banking,
finance, litigation, intellectual property, information technology, labor,
and mergers and acquisitions.
China, success depends on a proactive, well-conceived approach to problem
solving. To that end, we
employ innovative, pragmatic China strategies, extensive experience, and
hard work. We recognize
success depends upon close coordination with and satisfaction of our
clients. Our lawyers regularly meet with clients to set objectives,
including developing budgets for attorney time and major expense items.
We strive to develop an intimate knowledge of each client's needs
and objectives. We seek
long-term partnering relationships with clients, to the end of providing
the best total solution to each client's multi-disciplined and
industry-specific legal service needs.
Our goal is to be an instrumental part of each client's success in
Manufacturers and Parts
Fuel Injection Systems
and Investment Services
Broadcasting Corporation (ABC)
Broadcasting System (CBS)
& Industry Associations
American Citizens Abroad
Association of International Chemical Manufacturers
of China (AICM)
China International Franchisor's Association (CIFA)
China Petroleum Manufacturer's Association (CPMA)
European Federation of Pharmaceutical Industries and
Foreign Researched based Pharmaceutical Manufacturers
Association of China (FRPIA)
International Federation of Pharmaceutical
Manufacturer's Associations (IFPMA)
National Association of Patent Practitioners (NAPP)
Northeast China American Chamber of Commerce
Pharmaceutical Research Manufacturer's of America (PhRMA)
Veband Forschender Arzneimittelhersteller E.V. (VFA)
China Britain Management Training Centre
Loyola University of Chicago
New School for Collaborative Learning
Western Academy of Beijing
Western Management Institute of Beijing
Sassin International Electric Company
Chinese National Basketball Association ("CNBA")
Heineken Beat Music Festival
and Credit Management
Dun & Bradstreet
Economic Development Corporation of Canada ("EDC"
Processing and Manufacturing
Herman Goetlitz Candy Company (Jelly Belly)
Clark Hatch Fitness Centers
Marry Brown, Family Restaurants
New Horizons Computer Learning Centers
and Multimedia Continued
Music Television, Asia
US Media Corporation
Organizations and Non-Profit Organizations
American Club of China
American Chamber of Commerce, Northeast China
American Chamber of Commerce, Tianjin China
Animal Welfare Fund
Evergreen Family Friendship Service
Focus on the Family
Life Outreach International
People to People, Humana
Phillip Hayden Foundation
Save the Children
World Wide Fund for Nature (WWF)
and Health Sciences
American Home Products
Bristol Myers Squibb
Hoechst Marion Roussel
SmithKline & Beecham
SmithKline & French
Long Cheng Gardens
Blonder Tongue Laboratories, Inc.
extensive experience mirrors our considerable geographical coverage.
Whether you require legal assistance in the capital or throughout
China, we are ready to assist you. Our
strong commitment to its international practice is evidenced by our
offices located in Beijing, Shanghai, and Shenyang.
Similarly, our years of experience in varied fields afford us the
ability to provide practical, timely legal advice to protect and assist
our clients on a day-to-day basis.
We have a thorough understanding of the legal complexities of aircraft and
spare parts financing. We are in a unique position, given our strong
China-related banking background, to advise airlines, international and
local packagers, and financiers in the China market.
often explore with packagers and financiers possible aircraft financing
techniques and structures to take advantage of the preferential tax
treatments in different tax regimes.
In this respect, we have advised on cross-border operating/finance
leases of aircraft; cross-border tax based aircraft leasing such as JLL (Japanese
leveraged leasing) and commission-FSC arrangements as well as US Eximbank
or European export credit agency supported financing of aircraft.
ship financing transactions involve many jurisdictions and through our
strong contacts with flagging authorities and foreign correspondents, we
have experience in handling transactions involving a broad range of
vessels, from new-builds (such as VLCCs, Panamax bulkers at international
yards, including yards in China), and second-hand vessels which frequently
involve changes of flag, to domestic craft (such as dredgers, survey and
tug boats and pleasure craft).
asset financing activities often involve elements of leasing or leasing
structures. We advise lessors in respect of their leasing finance
activities in China.
advise international and domestic banks on all aspects of Chinese banking
law. We have served as legal
advisor to the China Foreign Banks Association.
Our members have lectured at the World Bank concerning Chinese
banking and debt laws. We
have several lawyers who have been voted among Asia's leading lawyers in
the field of banking by Asian Law and Practice Magazine.
Our close contacts with major bank clients afford us extensive and
in depth practical experience in the operational side of China's banking
sophistication in the banking industry grows in China, so too does the
role of our banking lawyers. At
the management level, our advice is to ensure that when senior bankers
make strategic decisions they do so within proper legal parameters.
In this context, we advise on compliance issues and on legislation
with bank clients, we develop new banking products and review and improve
current banking services. We
draft and review bank mandates and standard form documentation on a great
variety of products and services including trade finance, foreign exchange
transactions, electronic banking services, and many different forms of
the operational level we provide day-to-day banking advice to bankers at
all levels and on all matters relating to China banking operations.
We advocate preventive measures to be taken by bankers and
encourage clients to anticipate and forestall problems.
Copyright: Lehman Lee helps clients protect their copyrights in valuable
works of authorship, including computer software, paintings, novels,
multimedia products, music and audiovisual works.
We routinely analyze the scope of copyright protection available
for new media, provide advice on copyrights in the context of the
Internet, and work with clients to file appropriate copyright
registrations. We have
in-depth experience advising clients on "works made for hire"
and on various defenses available to claims of copyright infringement.
We have assisted numerous authors in granting the right to take
their works of authorship into different media.
Our corporate attorneys offer clients a full range of services, including
general corporate representation and representation on a transactional
basis for major projects. On
a regular basis, we provide advice and representation to major Fortune 500
companies, as well as smaller companies in industries as diverse as
information startups, retailing, and high technology.
Our general corporate services range from drafting contract
provisions to representing companies in mergers and acquisitions.
We regularly attend board of directors' meetings, provide the legal
experience necessary to structure private financing, and prepare and
review the periodic reports required under Chinese laws and regulations.
We are actively involved with new business enterprises and their
Collection and Debt Management:
We created the modern system of debt recovery and management in China. Only Chinese law firms may legally engage in debt collection
in China. We offer a broad
range of debt collection services, including dunning letters, purchasing
bad debt, and collecting on contingency or by the hour.
We work with corporate CFO's to manage and minimize outstanding
regularly litigate in Chinese courts on behalf of creditors.
litigation process is relatively short.
An initial hearing is usually scheduled within one month after the
court accepts the case. At the initial hearing, the court usually hears evidence and
attempts to mediate a settlement. If
mediation is unsuccessful, the court will schedule a second or third
hearing, then announce its decision
the decision to litigate has been made, there are good reasons to begin
the process immediately. First,
most debt cases are subject to a two-year statute of limitations.
Delay can foreclose the opportunity to recover.
Second, judges tend to consider how seriously (quickly) the
plaintiff has pursued its claims as a factor in making a decision.
Third, defendants who are not paying debts to one party are often
not paying other debts. The
sooner a plaintiff sues, the better chance he will have of recovering from
a defendant whose resources may be quite limited.
Lehman Lee represents some of China's leading technology companies.
Many of our clients were pioneers in and remain at the forefront of
electronic commerce in China. We
also address the myriad of electronic commerce issues for other clients,
including financial institutions and clients establishing an Internet
Human resources are an important aspect of any business.
Of all the difficult areas that companies face when they first
venture into China, human resources is one of the most complex.
There are many facets of the local situation that investors find
difficult to understand. From
recruitment of local workers to structuring remuneration, the welfare
system to labor dispute resolution, foreign companies will find there are
many practices that differ sharply from their experience elsewhere. Our employment lawyers have counseled multi-nationals on
every aspect of the China human resource law with successful results.
human resource situation is complicated by the existence of both national
legislation and numerous local regulations, which sometimes conflict.
Thus, one of our goals is to provide a pro-active guide to China's
regulatory framework on matters such as recruitment, structuring
remuneration, role of labor unions and the communist party in the
workplace, employment contracts, work hours, leave, safety, and accidents.
typical situation that most foreign companies face as they expand in China
is changing their representative office staff into branch office personnel
once the company has established a foreign invested enterprise.
This involves not only passing the appropriate corporate
resolutions, but also, among other things, establishing appropriate
pension funds, benefits packages, and employee labor registrations.
attorneys provide sound, practical, up-to-date advice to Human Resource
Administrators. We deal
regularly with the following types of matters:
law, contracts and registration at the Labor Bureau pertaining to
expatriates and Chinese nationals;
and similar employment agencies, transfers from other enterprises,
hukou, visas and Labor Bureau registrations;
accommodations, allowances, bonuses, health and medical packages,
dismissal, severance payments, confidentiality and non-competition,
maternity leave, leaves and holidays, special rules concerning female
unions and the role of the communist party in the workplace;
checks on employees;
Security Bureau issues and registrations;
theft and corruption;
liability or disputes with the local tax bureau, pension funds,
plans and development of management personnel;
representative offices and their personnel into branch offices.
Our experience in traditional entertainment law includes production,
finance and distribution of theatrical and television productions and
music licensing and recording in China.
We handle all aspects of Chinese entertainment industry
transactions. We represent
producers and production companies, distribution companies and financial
institutions, theaters and galleries, and literary and music publishers.
We also represent talent (actors, writers, directors, musicians and
music groups, composers, visual artists, authors, playwrights, choirs,
photographers and managers) and employers of talent.
Our significant experience with high technology and entertainment
clients allows us to provide sophisticated legal services for all
traditional entertainment projects, as well as for interactive and
Business people venturing into China must base their financial and
investment decisions on solid legal foundations.
For newcomers, and even old "China Hands," the profusion
of laws, regulations, provisions and circulars regulating finance in China
can be confusing at best. We provide experience-based guidance in all regulatory
aspects of finance in China. Our
lawyers have multinational expertise on issues vital to equity and
cooperative joint ventures, wholly foreign-owned enterprises, banks and
non-bank financial institutions. We
assist foreign investors in finding their way around the regulatory maze
to achieve their objectives. Some
of the issues we have advised on are:
financing of joint ventures, wholly foreign owned enterprises, capital
contributions of joint ventures, domestic listings;
of credit, risk-based capital requirements, counter-trade,
bonds, project finance-credit documentation, reporting
loss reserve requirements, foreign exchange bank accounts for FIEs,
export trade finance, infrastructure finance, debt and capital
exchange risk, project finance, regulation of foreign invested
B-Shares, N-Shares, S-Shares.
The Lehman Lee Law Firm formed and acts as legal advisor to the China
International Franchisers Association ("CIFA"), an association
representing the interests of international franchisers franchising in
China. This organization
provides a strong voice with Chinese ministries and assists members in
business problems and operations. China
officially opened the door to franchising in November 1997 when it
published the Franchising
Regulations. The Lehman Lee Law Firm assisted in drafting these
regulations, which authorize the creation and legal protection of
nationwide franchise networks. They
create a comprehensive law that defines and protects franchisers’ and
franchisees’ legal rights. China
is using the Franchising Regulations to welcome and encourage foreign franchisers
to set up franchise networks in China. Our franchise attorneys act for a number of national and
international franchisers operating in China.
Our attorneys advise on all aspects of franchising, and
particularly the legal requirements and implications of establishing a
franchise or licensing operation in China.
Lehman Lee Law Firm is the leading Chinese law firm in the field of
franchising. Our attorneys
regularly advise on:
strategic planning for franchisers;
the prospectus and supporting registration documents that are required
under the Franchising
Regulations to be filed with the China Chain Store and Franchise
Association prior to commencing franchise operations;
with disclosure requirements;
essential documents in compliance with Chinese law, including:
Franchise agreements (master and sub-franchise);
Guarantee, confidentiality, and non-competition agreements;
Trademark license agreements;
Technology transfer agreements and approvals;
Creation of franchiser operating vehicles for acquisition of
"legal person" Securing MOFTEC and other government
approvals (including transfer of technology & import approvals)
for international investments;
of foreign exchange approvals for royalty payments;
trademarks and enforcing intellectual property rights;
in contractual arrangements for logistics and distribution;
and dispute resolution;
of franchisee compliance, and other vital legal services for the
franchiser in China.
Invested Enterprises and Strategic Partnerships:
Our attorneys regularly structure and negotiate corporate, tax, regulatory,
intellectual property, and related issues involving complex and simple
China representative offices and foreign invested enterprises (FIE)
including cooperative and equity joint venture companies (JVC), wholly
foreign owned entities (WFOE), branch offices, and trading companies.
We have handled hundreds of strategic merger and acquisition
transactions in China, ranging from small business sales to acquisitions
with valuations in the billions of dollars.
Lehman Lee plays a leading role in the development and financing of new
technologies, applications and services in the digital revolution in
We represent start-up companies, venture capital investors, manufacturers
and developers in the new media and communications industries.
Our clients range from Internet service providers and Internet
e-commerce enterprises to information technology companies, innovative
satellite companies, both established and new telephone carriers, mobile
phone and paging companies, cable TV systems, new television and movie
studios, consumer electronics companies and emerging producers and
distributors of audio and video products.
Lehman Lee has particular strengths in assisting these companies
with early stage and venture capital investments, initial public offerings
(IPOs), joint ventures and strategic alliances and intellectual property
Our Communications and Technology Group comprises attorneys drawn from our
mergers and acquisitions, securities, intellectual property,
telecommunications, entertainment and litigation practices, including
professionals with science, engineering, Internet and content backgrounds.
We boast one of the strongest intellectual property practices in China
today. We are licensed to act
as agents for intellectual property related matters, including
registrations. We have
developed a particular expertise in Internet and domain law in China.
In addition to registering patents, trademarks, service marks,
utility models, and copyrights, engaging in trials, arbitration,
litigation, oppositions, licensing, searches, investigations, surveillance,
anti-counterfeiting, and registration of computer software, we have
successfully assisted a broad range of clients with the following IP
identification and valuation of technology
and technology transfer agreements
of rights, warranties, and royalties, and
technology transfer, infringement and administrative agency
Our in-house investigative department, which is staffed with former Public
Security officials, is the only licensed, liability insured, confidential,
and professional private intelligence organization in Beijing.
We specialize in background investigations of distributors, agents,
employees, financial corporations, and due diligence regarding delivery,
quantity and quality as well as investors embarking upon a foreign
investment enterprise or a trading venture.
We are able to report past and present credit histories, review
criminal and civil court records, assess financial liability, interview
past employees and clients, and verify operations for our clients.
Some of our investigative functions include:
and Corporate Verification;
Check on Partners;
One of the most important achievements of China's effort to develop its
economy has been its success in attracting large amounts of foreign
investment. A significant
factor in this achievement has been the establishment of a legal framework
for foreign investment. Since
its inception with the Sino-Foreign Equity Joint Venture Law in 1979,
China's regulatory framework for foreign investment has grown in
complexity and sophistication. A
large body of legislation is now in place specifically concerning foreign
invested enterprises ("FIE"), including equity joint venture
companies ("JVC"), co-operative JVC's, and wholly foreign owned
entities ("WFOE"). In
addition, there is a growing body of legislation governing economic
matters such as contracts, intellectual property, dispute resolution,
companies, and securities.
development of legislation has benefited foreign investors by providing
better legal protection and greater certainty.
Despite this advance, many observers continue to emphasize the
importance of informal agreements, the nature of personal connections, and
the difficulties in adequately enforcing contracts and the law.
Nevertheless, it is crucial that foreign investors seek the fullest
possible protection under Chinese law and ensure that their business
operations meet regulatory requirements.
Our attorneys help clients overcome the difficulty and uncertainty
of China's investment climate by offering practical advice regarding the
basic regulatory aspects of foreign investment in China.
Some of the areas where we have provided legal assistance are:
of operations from joint venture companies ("JVC") to wholly
foreign owned entities ("WFOE")
investment enterprise management structures;
tax benefits for technologically advanced enterprise status,
export-oriented enterprise status, investment into high technology and
other special status zones;
distributors and sales agents;
representative offices, branch offices of foreign companies, and
branch offices of foreign invested enterprises;
holding companies, trading companies, and leasing of state-owned
transfer contracts and product liability;
resolution provisions and arbitration and litigation services.
Our strategic approach to litigation combines careful analysis of the
legal position with the ability and determination to move decisively to
protect our clients' interests. Through
close client/partner contact, we stay keenly aware of our clients'
concerns, including the need to conduct litigation in a cost-effective
manner. We mobilize our team of experienced lawyers and support staff to
respond quickly to crises and to seek immediate relief for our clients.
experience in banking litigation is especially strong with a particular
emphasis on handling disputes arising from documentary letters of credit
and trade finance. We also
have specialist expertise in securities litigation, the protection of
intellectual property rights, asset recovery, insurance and insolvency.
Our clients consult us on all types of commercial disputes and
property related problems.
are also experienced in arbitration.
In the past, this was a very popular form of dispute resolution in
Sino-foreign joint ventures. Today,
China's judiciary and laws are more mature and decisions based on law have
given stronger credibility to the local courts for dispute resolution.
Nevertheless, we have conducted numerous arbitration proceedings,
with generally satisfying results. More
importantly, we have been quite successful in assisting clients to enforce
their arbitration awards in China.
litigators handle every kind of dispute resolution, from traditional court
cases to domestic and international arbitration, and from alternative
dispute resolution processes to administrative tribunals of all kinds. We
try cases and handle appeals. We recognize that, while procedures vary
before Chinese administrative agencies, arbitration panels, private
institutional tribunals, legislative investigations, and different courts,
the process is essentially the same: to identify facts that support our
client's position, to resolve disputed facts in its favor, and to identify
and apply existing doctrines of law -- and to create new ones -- that
support our clients' position.
litigation practice includes securities; corporate and intellectual
property matters; antitrust and other trade regulation disputes; criminal
matters; communications matters; defective product and product liability
cases; criminal trials involving diverse issues; libel and defamation,
trade libel and corporate defamation and disparagement cases; real estate
matters; copyright royalty disputes; and wrongful death.
Lehman Lee offers publishers, broadcasters and online service providers a
full range of legal services in media law.
We help acquire content, review stories before publication, defend
defamation and invasion of privacy claims, analyze issues involving rights
of publicity, obtain access to public records, and handle contract and
We have played a prominent role in the mergers and acquisitions field in
China today. Over the years,
we have been involved in some of the most highly publicized acquisition,
divestiture and takeover transactions.
One well-known example is the merger between pharmaceutical giants
Rhone Poulenc Rorer and Hoechst Marion Roussel into the new Aventis.
lawyers have deep experience in all the corporate disciplines necessary to
consummate a successful M&A transaction.
Our M&A Group is supported by specialists in other departments
of Lehman Lee, including experts in taxation, litigation, and other
experts, where relevant, in real estate, bankruptcy, and personal
Lehman Lee represents clients in the full range of M&A activity,
including friendly and hostile takeovers of companies, stock and asset
acquisitions of companies, divestitures, spin-offs, going private
transactions, and the like. Transactions
range in size from the millions to the billions of dollars.
Our clients are involved in diverse businesses, such as
manufacturing, technology, consumer products, electronics, financial
services, health care, computer hardware and software, entertainment,
energy and natural resources, and other diverse pursuits (please refer to
our "Representative Clients" section).
We probably represent more not-for-profit organizations then any other law
firm in China today. Our
lawyers have worked extensively with the Ministry of Civil Affairs
("MCA"), the governmental body in China charged with overseeing
non-profit organizations, in drafting new laws for China.
Our Nonprofit Section focuses on compliance with Chinese laws
regarding the formation, operation and termination of charitable and other
nonprofit organizations. We service colleges and universities, hospitals,
social service and other types of public charities, private foundations,
chambers of commerce, business leagues, trade associations, social welfare
organizations, community foundations and other types of nonprofit
organizations. Our services
applications for income tax exemptions;
corporate documents, including articles of incorporation and by-laws,
consistent with desired tax objectives;
guidance with respect to unrelated business income tax issues as they
relate to the operation of organizations;
advice and services relating to annual, capital, and deferred giving
development programs, including drafting agreements for charitable
remainder and lead trusts, gift annuities and pooled income funds;
counsel to charitable organizations with respect to avoiding private
foundation status and the excise taxes to which private foundations
general legal and tax services required by charitable and other
State and Local Taxation Department ruling requests with respect to
contemplated transactions of exempt organizations.
and Health Sciences:
We have developed a niche in the pharmaceutical and medical device
industry. The thirty-six
largest foreign pharmaceutical companies in China appointed our firm legal
advisor to the Foreign Research-based Pharmaceutical Industry Association
FRPIA was established and exists to help shape the laws, regulations,
standards, ethics, policies, and practices of the foreign pharmaceutical
industry in China. Lehman Lee
assisted with the drafting of the FRPIA's code of ethics, bylaws, and
constitution, and housed the original FRPIA in its offices. One of our
senior lawyers now serves as the Executive Director of the FRPIA.
have served as counsel to twenty-eight foreign pharmaceutical companies
operating in China regarding the following matters:
diligence with regard to JVC partners and foreign trading company
and WFOE feasibility study reports;
aspect of foreign-invested pharmaceutical enterprise negotiation and
of promotional/marketing teams;
of foreign-invested pharmaceutical
enterprise branch/representative offices across China;
as plaintiff's counsel for the enforcement of non-compete clauses for
key pharmaceutical employees, such as national sales managers;
and gathering documentation for filing applications for administrative
and negotiating general contractor's agreements for the design and
construction of pharmaceutical factories;
master schedules for the construction of pharmaceutical factories in
relation to product registrations;
and drafting pharmaceutical distribution agreements;
registration and drafting technology import contracts;
collection against Chinese distributors; and,
foreign pharmaceutical distributors in establishing legal mechanisms
to conduct business in China.
team is known for its sophistication and experience with issues on the
very edge of technological development and the laws designed to protect
that development. We organize
and direct nationwide investigations and surveillance programs with our
own licensed investigators. We
conduct multi-site seizures of counterfeit goods, related business records,
computer databases and production facilities.
We institute and monitor pre-judgment freezes of defendants' assets.
We also coordinate our private enforcement actions with federal and
local criminal enforcement activities.
Currency risk management is a critical necessity for business operations
in China. Unfortunately, the
options for foreign exchange management via the currency markets are
limited. To use exchange rate
differentials to maximum effect, an effective internal corporate program
must be implemented. We have
analyzed specific problems and provided foreign invested enterprises a
number of potential foreign exchange solutions and strategies, including
the establishment of licensing agreements, the formation of management
contracts, and other creative methods.
Areas where we have provided foreign exchange counseling include:
Filing licensing agreements with SAFE;
Debt/reserves and monetary intervention in China;
Currency devaluation and risk assessment analysis;
Legal framework concerning foreign exchange controls;
of existing exchanges to obtain hard currency;
strategies for balancing foreign exchange and repatriating profits,
including financial transaction-based strategies, utilizing JVC/FIE
leverage, and transactions involving SWAP Centers and PBC.
& Infrastructure Finance Department:
infrastructural developments in China call for a huge injection of funds.
The accession of China to the World Trade Organization creates many
new opportunities for foreign investors and international banks who are
trying to find a niche in this emerging market.
We seek to be innovative in advising on China-related project
finance, structuring loans that satisfy Chinese legal requirements as well
as the needs of both lenders and borrowers.
We have advised on a broad range of infrastructure projects
assist clients in setting up businesses in China from the initial stage of
project feasibility study to the establishment, operation and dissolution
of businesses. We advise on and arrange application to government for
approval, taxation, loan structuring and documentation, transfer,
amalgamation and spin-off of these businesses.
have also been retained on numerous property-related transactions in
China. With our network of
offices in China, we are able to keep up with the fast pace of development
in the property market in China.
experience in giving advice on syndicated loans is not limited to local
syndications but extends to complex international syndications. Apart from
structuring and documenting loan finance, we advise on re-scheduling of
The emergence of stockmarkets in China and overseas listing of state
enterprises have attracted global attention in the past few years.
The Shanghai Stock Exchange and the Shenzhen Stock Exchange A and
B-markets opened in 1990 and 1991. We
have had lawyers involved with all aspects of the laws and regulations
since that time.
stock market in China is regulated by the China Securities Regulatory
Commission, an executive branch of the Securities Committee of the State
Council. Our lawyers have
assisted with all aspects of the new securities markets, including:
through China funds;
allocation in Asia;
and Obligations of holders of overseas listed foreign shares under
Chinese laws; and
in foreign-listed Chinese shares.
Managing tax successfully is essential to the success of any business.
In China, foreign businesses are faced with a unique and complex
tax environment. Our
attorneys act as invaluable advisers in this unfamiliar territory for
foreigners. The Lehman Lee
Law Firm has dealt with every aspect of Chinese tax issues for all types
of foreign enterprises as well as individuals, representative offices and
agents, including the following areas:
added tax, unified tax law, real estate gains tax, real estate tax,
regulatory tax on the direction of fixed-asset investment, resource
tax, tax treaties, stamp duty;
investment areas and concessions, turnover taxes, individual income
tax, quotas, securities transaction tax, vehicle and vessel tax,
turnover taxes, joint venture income tax, tax holidays;
enterprise income tax, foreign income tax credit, depreciation,
tax customs duties, concessions, border open cities, consumption tax;
industrial and commercial tax, high and new technology industrial and
development zones, border open cities, tax disputes, farmland use tax,
banquet tax; and
tax, administration, assessment, and collection.
Lehman Lee provides knowledgeable counsel on a broad range of regional and
national telecommunications matters.
We represent information service providers, broadcasters, cable
networks, and large users of telecommunications services.
We regularly assist our clients with antitrust, regulatory and
criminal issues; telecommunications, franchising and other commercial
contracts; enforcement, licensing and applications proceedings;
representations before the Chinese regulatory bodies; and the legislative
process in China. Our
experience in all facets of telecommunications and information services
enables us to provide our clients with unique, innovative solutions to the
complex issues created by the convergence of these technologies.
The rapid increase in China trade in recent years has created many
business opportunities for foreign export and import companies.
However, there are many pitfalls facing a foreign company operating
in China. It is vital for a
foreign company, whether buying from or selling to China, to ensure that
its interests are properly protected.
In order to help foreign companies structure successful deals in
China, we provide clients with overall assistance with the legal aspects
of trading and marketing goods in China, including:
trade corporations (import/export companies) agency, export import
licenses, certificates of origin, commodity inspection, standards;
of goods contracts, technology import contracts, trade law, carriage
of goods by sea contracts, letters of credit;
trade, processing and assembly contracts;
duties and value added tax; and
role of representative offices in China.
and Domain Names:
We regularly assist clients through the entire process of obtaining a
trademark registrations: screening and selecting the right mark, preparing
the trademark application and prosecuting it in the China Trademark
Office, and maintenance of the registered trademark.
In conjunction with a network of experienced foreign counsel, we
advise clients on protecting their trademarks throughout Asia and
worldwide as well. We protect
and defend our clients' trademark rights through cease-and-desist letters,
negotiating consent agreements, administrative proceedings before the
China Trademark Office and Chinese court litigation.
We also counsel clients throughout every stage of the domain name
process, including all aspects of domain name registration and protection
in China. We conduct domain
name searches, register domain names and develop post-registration
strategies. The science of
domain name searches is evolving as electronic commerce grows in
popularity and domain name disputes increase.
We conduct and review comprehensive search reports to prioritize
clients' risks and exposures, determine the availability of the domain
names selected, and advise clients on the ability to register their
proposed domain name.
Secrets and Non Competition:
Our attorneys assist employers in protecting their trade secrets and
proprietary business information in the employment arena.
We help clients design and enforce appropriate agreements and
policies governing the use of confidential information by employees, and
proscribing the duties of departing employees in the areas of competition
and client solicitation. We
also assist clients in analyzing and navigating the risks associated with
hiring new employees from their competitors.
Our attorneys frequently litigate and arbitrate employment disputes
involving claims of trade secret misappropriation and breach of
non-solicitation and non-competition agreements.
produce a wide range of regular newsletters and publications to clients
free of charge. We are always
ready to discuss other ways in which we might help our clients.
For instance, we can provide lectures and seminars specifically
tailored to clients' needs. Please
contact our Beijing Office for further information on these services and
our available publications. Publications
are listed by office and sub-divided by practice area for your ease of
reference and are available on request.
Communication with Your
Lehman Lee Attorney
normal office hours are 8:00am to 6:00pm Monday to Friday. We are happy to see you outside these hours by arrangement.
Meetings can be held in our offices or at some other location more
convenient to you. Our
telephone lines are all connected to our general voice mail system that
allows you to leave messages outside office hours.
strive to provide our clients with quality service.
As part of this service, we like our clients to know the way in
which they will be charged and billed for the advice and services we
provide. The following
outlines the basis of charging for work done and the billing policies and
procedures for the Lehman Lee Law Firm.
Based Charging: Our bills are usually
prepared by taking into account time spent on your file by our
professional staff. We record
our time in units of 6 minutes. Our
professional staff has different hourly rates reflecting their experience
and expertise. There are
other methods of charging that you may discuss with us, which might result
in different charges being made. An
amount may be incorporated in our fees to reflect the difficulty or
complexity of a matter. This amount will be included in any quote or estimate we give
you. No charge is made for
secretarial or administrative staff except in circumstances where client
requirements demand significant secretarial or support staff services out
of normal office hours.
Agreement: All clients have the right to
negotiate a cost agreement at the commencement of a matter.
In many cases we write to our client on receiving instructions
setting out the terms of a proposed costs agreement for approval.
Cost agreements must be evidenced in writing.
You may wish to seek independent advice on a cost agreement we
propose to you.
and Estimates: Where reasonably practicable
we will give you our estimate of the likely cost of acting on your behalf.
However, many matters are complicated by issues which arise
subsequently, the attitude of the other side, or unforeseen complexities.
In such cases, a range of likely costs will be provided.
are matters on which we can give a fixed quote.
However, where a fixed quote cannot be given, you may request that
a budget be placed on the file or an appropriate cost milestone be
established. We will then
work on your file until the budget or milestone is reached and report back
to you. Any budget or
milestone will be based on an estimate of the likely costs involved having
regard to the information about the matter available to us at the time.
retain a barrister or other consultant outside of China on your behalf we
will, if required, first obtain for you an estimate of that person's fees
or the range into which those fees will fall.
have a concern, cost constraint or special requirement regarding billing
arrangements, please discuss these with us at the earliest possible stage.
Communicating your requirements to us allows us to assist you
Spent On Your Behalf: Separate from our
professional fees are the disbursements, which we may pay or incur on your
behalf. We will ask you in
advance for large disbursements such as stamp duty, registration fees,
barrister's fees, court fees, or conveyancing enquiry fees.
We will also bill you for expenses incurred on your file such as
photocopying, domestic and international telephone calls, facsimile
transmissions, postage, delivery charges and search fees.
These will either be at cost to us or will incorporate a service
charge. Some of these
services are provided to us by a related entity. An
itemized breakdown of disbursements will be provided upon request.
You are entitled to receive a bill of costs in every matter. Where a
matter will be completed in a relatively short time, one month for example,
we will bill you at the completion of the matter.
Other matters will be billed on a regular basis, usually monthly.
We also understand that some clients require different arrangements
for the form or frequency of bills and we are happy to accommodate these
bills will be in the form of a lump sum bill with a narration of the work
to which the bill refers. The
narration will show the time spent by partners and other staff on various
aspects of your matter and may be supported by production of computer time
records. Clients are
responsible for payment of our charges in full notwithstanding that in
litigious matters, if you are successful, an Order may be made against
another party to contribute, or that in other matters there may be a
contractual obligation on another party to pay or contribute to your costs.
If you are unsuccessful in a litigious
matter an Order may be made against you to contribute to another party's
Terms: Our bills for both disbursements and
professional fees, unless otherwise indicated are final for the work
described and are due for payment within 7 days of the date of the bill.
If accounts are not paid we may cease work or terminate our services.
Account: At the commencement of a matter or
thereafter from time to time, we may ask you to deposit money in our trust
account to cover our anticipated fees and disbursements.
These moneys are retained and applied to our bills only when they
are issued to you. If we
receive any money on your behalf, this will also be paid into our trust
account. We will give you a
statement detailing all your transactions through our trust account.
Reports: It is our policy to provide and you
have the right to expect written progress reports on matters we are
handling for you.
Satisfaction: Quality to us means total
client satisfaction - not only with our services but also with our fees
and bills. If you are unhappy
with a bill or have a query, please tell us. Simply contact the partner
responsible for your matter. We
will make every effort to ensure that your inquiry is dealt with quickly,
efficiently and, most importantly, satisfactorily from your point of view.
of your Files and Documents: We are not
obliged to store your files and/or documents after completion of a matter
but usually we will be able to do so for a period of time.
Except for documents held in safe custody, other stored files and/or
documents may be destroyed after seven years.
We do not accept liability in the event of earlier loss of stored
files or documents although reasonable care will always be taken.
If you require further information on billing procedures, please contact
the partner responsible for your matter.
Clients Give for Selecting Lehman Lee
China lawyers with decades of experience in industry and government who
know instinctively what strategies are most likely to achieve the desired
Strict monitoring of costs and budgets.
Cases are staffed by lawyers and paralegals with levels of
experience appropriate to the complexity of tasks involved.
Telephone calls, voice-mail and e-mail messages are returned promptly.
Filings and reports are delivered when promised or before.
China legal strategies that add value by solving business problems and
preventing costly disputes, while meeting legal and regulatory
Innovative China solutions that result from a variety of approaches,
including negotiation with administrative agencies, alliances with other
businesses, legislative initiatives or litigation.
In-depth understanding of China's laws, courts and regulatory agencies,
its politics and history, and how the country's economy and local
conditions affect specific industries.
Seasoned practitioners whose experience enables them to respond faster and
with fewer false starts in solving clients' problems.
who accept responsibility for deadlines, identify and correct problems
swiftly, communicate faithfully and deliver what is needed to achieve your
business and personal goals.
philosophy regarding all clients is total dedication to achieve their
objectives by providing the highest quality, state-of-the-art advice,
tailored to fit the needs of each particular situation.
We do not furnish conventional answers to questions or approach
matters in a conventional way when some other answer or approach would
suit the client's needs better. We
provide creative and innovative solutions that reflect long years of
experience and insight into the specialized demands of each transaction.
We use a team approach to achieve highest quality, efficient, and
philosophy is driven by the principles of providing practical and
effective professional China representation and establishing and
maintaining long lasting attorney-client relationships.
We are committed to being responsive to the needs of each client
and to providing counsel and advice which enables our client's China
business to prosper in the long term.
We believe that close personal attention is the surest means of
achieving these goals and of providing the proper foundation for a valued
long-term relationship. We
look forward to the opportunity of working with you, learning about your
business, and developing a lasting and mutually rewarding relationship.
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