Bright & Right

Overview:

Bright & Right is a high-ranking, professional, full-service law firm focusing on international commercial legal affairs, in particular on German practice, dedicated to offering global clients pragmatic, high-quality, cost-effective services. We strive for excellence and competence and uphold the highest ethical standards. Our team’s highly-qualified education, both domestically and abroad, plus rich, successful professional experience, achieved through the dedicated working style, have been enabling us to win ongoing trust and recognition from our clients. We owe our success to our founding values: professional specialization, dedication and team practice by high-quality professionals modeling honesty and integrity, and never compromising our commitment to superior client service with good conscience.

Most of our partners and lawyers graduated from famous institutions of higher learning in China and continued their educations at prestigious universities in Japan, Germany, the USA, the UK, Canada, and Australia as well as in Hong Kong and Macau, receiving LL.M. and Dr. jur. degrees. We have many years of practical working experience abroad and have been serving domestic and foreign clients for more than twenty (20) years. Members of Bright & Right all share similar career aspirations and life goals, combining rich talent and high moral standards. We have been providing our domestic and foreign clients with comprehensive packages of high-quality commercial legal services, adhering to the service principles of being “professional, persistent and perfect”. We command Chinese, English, Japanese, German, Russian, French and the like as service languages, and we are, in particular, experts in offering pragmatic, innovative and cutting-edge solutions to complicated legal issues, thus always winning the recognition and trust from our clients.

Our reputation is built upon our professional dedication. Bright & Right is one of the most professional, quality-oriented law firms in China. The legal Professionals of Bright & Right are endowed with respected academic qualifications and a vast array of legal experience and practice in the fields of:
 foreign investment,
 market access for foreign enterprises,
 international franchise management,
 mergers & acquisitions of enterprises with foreign investments,
 international corporate affairs,
 liquidation & bankruptcy of enterprises with foreign investments,
 intellectual property rights of enterprises with foreign investments,
 international trade,
 international maritime affairs,
 project management with foreign investments in construction engineering,
 international arbitration and litigation,
 IT, telecommunication, mass media, energy resources, environment protection and the like.

In particular, Bright & Right, as the leading attorneys for German practice, is recognized in the English- and German-speaking circles in China. Consequently, Bright & Right has been listed on the websites of US Embassy, German Embassy and German Chamber of Commerce as one of the law firms recommended therein for international clients, while many other foreign Embassies often let their citizens or companies choose their legal representations in the same lists. To this end, the strong German practice team of Bright & Right, consisting of qualified legal professionals who are expert in both German and Chinese laws with excellent command of both German and English, has been offering satisfactory services to more and more German-speaking clients both within and outside China.

Year this Office was Established: 2005

Languages: German, Japanese, French, Russian, Chinese, English

Areas of Law

Additional Areas of Law:

Annuity Plans; Labor Arbitration; Liquidations; Share Transfers; Aircraft Finance; Debt Restructuring; False Labeling, International Litigation; General Corporate Affairs; Foreign Direct Investments; Intellectual Property Rights; Franchise Management.

Areas of Law Description

Bright & Right provides legal services in the following:

– Employment & Labor

Bright & Right offers services of general labor law practice in: Creating, reviewing and revising company employment contracts; Creating, reviewing and revising company collective employment agreements; and Creating, reviewing and revising company bylaws, including: Salary payment, Rest and vacation, Award and disciplinary system, Performance evaluation, Supplement insurance (Enterprise annuity plan), Share option, Confidentiality, and Non-competition.

* Specific Labor Law Practice

Bright & Right offers services of specific labor law practice in: Managing personnel allocation and compensations in mergers and acquisitions; Managing personnel allocation and compensations of state-owned enterprises in separating secondary lines of business from core business, turning secondary lines into independent companies and the like; Creating staff downsizing plan and scheme; Creating bankruptcy personnel allocation scheme and personnel compensations; Taking part in negotiations with trade unions; and, Managing the establishment, function, working procedures and other matters relative to trade unions inside a company.

* Litigation & Arbitration

Bright & Right offers services of litigation and arbitration in the field of labor in: Representing companies in labor arbitration; Representing companies in labor litigation; and Representing companies in labor class actions.

– Foreign Direct Investments

* Establishment of Enterprises with Foreign Investment

We, the legal professionals of Bright & Right, assists clients in establishing and expanding their presence in China through establishing enterprises with foreign investment, which can take a variety of legal forms depending on the client’s needs, such as equity joint venture, contractual joint venture, wholly foreign owned enterprise. We also assist many local Chinese enterprises in finding foreign investors and in cooperating with their foreign partners in various forms. Our experience in establishment of enterprises with foreign investment covers many business sectors such as pharmaceuticals, environmental, automotive, energy, construction, e-commerce, chemicals, conference and exhibitions, infrastructure, power, distribution, machinery, building materials, transportation and the like.

* Establishment of Representative Offices

We, the legal professionals of Bright & Right, help our international clients establish representative offices, which is often the first step for many foreign companies to set foot on the China market. We help deal with registration procedures, assist in drafting and negotiating the employment and lease contracts, act as the liaison for clients, and fulfill other necessary steps to ensure the clients’ smooth transition into China.

* Liquidation & Dissolution of Enterprises with Foreign Investment

Sometimes it becomes necessary to terminate, liquidate and dissolve an enterprise with foreign investment. We, the legal professionals of Bright & Right, advise our clients in dispute resolution procedures to seek the best legal remedy and play an important role in ensuring the smooth, professional liquidation and dissolution process to safeguard the clients’ interests. Our professionals often act as chairman or members of liquidation committees, having a good understanding of the regulatory procedures and providing competent solutions to complicated issues during the winding-up process.

* On-going Legal Advice to Enterprises with Foreign Investment

We, the legal professionals of Bright & Right, have been acting as long-term legal counsel for enterprises with foreign investment. We provide them with daily legal support in their operational activities, getting them informed of the new legal developments relative to their business and industry. We assist them in remaining compliant with relevant regulations on tax, foreign exchange, labor, environmental concerns, customs and the like. Many clients no longer treat us as “lawyers” but valued team members, and our professionals are often invited to serve as their directors or company secretaries in China.

* Private Equity Funds

The rapid growth of China’s private sector and the massive restructuring of its state-owned sector have attracted many private equity funds. Our professionals possess the in-depth knowledge and rich experience in the formation, investment and deployment of private equity funds. We, the legal professionals of Bright & Right, represent large and well-established funds, venture capitals as well as small but fast-growing startup companies. Our services include establishing private equity funds, structuring investment vehicles, handling and negotiating equity investment projects or mixed debt and equity investments, advising on exit strategy, buy-outs and IPOs.

* Restructuring & Share Transfer of Enterprises with Foreign Investment

Having established their presence in China, many companies start re-evaluating their investment structure in China. We, the legal professionals of Bright & Right, assist them in increasing equity stakes, buying out their venture partners, consolidating their China operations and subsidiaries, changing business scope, restructuring the board and management, extending operation term and the like.

– Mergers & Acquisitions

As China’s economy is developing so fast, getting more and more connected with the world economy, corporate mergers and acquisitions have become a standard way for an international company to gain corporate presence in a new market or to realize new corporate development policy. We, the legal professionals of Bright & Right, are much experienced in a variety of M&A transactions. Our M&A service includes due diligence, legal advice, negotiations, preparation of legal documentations for the acquisition and disposition of businesses and so on. We represent acquirers, target companies, financial advisors in a variety of industries and transactions, including:

* Common Forms of M&A

We, the legal professionals of Bright & Right, advise clients in structuring, negotiating and closing numerous types of mergers and acquisitions. Our experience includes nearly every form of business combination, including equity acquisitions, asset acquisitions, leveraged buyout, tender offers, acquisition by auctions and mergers. We help clients solve the legal and regulatory issues relative to M&A in structuring the transactions, assisting in financing, negotiating and documenting the transaction and completing filing obligations and fulfilling substantive approval requirements.

* Joint Ventures and Strategic Alliances

We, the legal professionals of Bright & Right, are good at providing complex and competent legal services for multinational and domestic companies with respect to their joint venture and strategic alliance projects. Our professionals work with founders and investors in choosing the best form of business for their particular needs, fully considering exit strategies, tax considerations and regulatory constraints as well as the ultimate goals and intent of the particular business, its owners and the investors. We often employ joint venture contracts, shareholders agreements, technical assistance arrangements and similar legal arrangements to ensure the smooth fulfillment of their business goals.

* Venture Capital Transactions

Being expert in the legal issues arising in all phases of venture capital transactions, we, the legal professionals of Bright & Right, advise clients in structuring private equity funds and represent venture investors in their initial and follow-on investments in portfolio companies. We understand the motivations and philosophy of venture capital transactions and have rich experience in setting exit mechanism in IPO, third party sale, management buyout, call or put option and dissolution and so on.

– Banking

We, the legal professionals of Bright & Right, are experienced in domestic and international financing transactions. Our services include: assisting with finance structuring, conducting due diligence investigations, reviewing project related documents, making legal analysis, creating or revising the loan agreements and security documents, offering advice and comments, and participating in negotiations and issuing legal opinions.

* Aircraft Finance

We, the legal professionals of Bright & Right, help clients finance or lease aircrafts or other aviation equipments in structuring the transactions, drafting relevant documentation, attending negotiation, providing legal analysis, preparing documentation for closing, issuing legal opinions, handling the registration of rights and interests in aircraft and so on.

* Banking Regulation

Having the in-depth understanding of PRC laws and frequent communication and close cooperation with regulatory authorities, we, the legal professionals of Bright & Right help our clients in the compliance services with every regulatory matter of all banking business. Besides, we assist clients in creating and updating tailor-made standard documentation such as general credit facility agreements, guarantees, credit card business, account opening documentation, and other agreements or documents required in the banking business.

* Credit Facility

We, the legal professionals of Bright & Right, provide the legal services of credit facilities to financial institutions of all nature, including banks, automobile financing companies, leasing companies, trust investment companies and other non-banking financial companies. To be specific, our services include general credit loan facilities, trade finance, factoring, financial retail services, such as consumer credit and so on.

* Debt Restructuring

We, the legal professionals of Bright & Right, help clients design restructuring programs, create relevant legal documentation, issue legal opinions, negotiate with business parties and communicate with relevant government authorities.

– Insurance

We, the legal professionals of Bright & Right, enjoy rich experience in insurance services including: designing insurance products; advising on insurance regulatory matters; handling insurance litigation; arranging share transfers; and, handling insurance derivatives.

– Securities

We, the legal professionals of Bright & Right, offer services in securities, assisting clients in handling all relevant corporate matters relative to securities transactions, including: enterprise restructuring, incorporation of stock companies, establishment of corporate governance structure, issuance and listing of shares and bonds, private placements, equity swap and asset swap, information disclosure, on-going legal advice to listed company, and funds.

– Intellectual Property Rights

We, the legal professionals of Bright & Right, have extensive experience in representing domestic and international corporations in intellectual property litigation ranging from judicial review of administrative decisions for granting patents and trademarks to civil litigation related to disputes of patent, trademark, copyrights, domain name, unfair competition and so forth. Besides, we assist clients in: advising on assignment and licensing of intellectual property; advising on protection of copyright, domain name and trade secrets; advising on copyright protection strategy and other IP-related rights and risk management measures; and, advising on other intellectual property related matters.

* Patents

We, the legal professionals of Bright & Right, offer clients high-quality patent services, cooperating with global patent attorneys and agents to create comprehensive and integrated protection schemes. Specifically, we advise on patent protection strategies; prepare and handle patent applications (inventions, utility models and designs); handle patent reexaminations and invalidations; carry on judicial review of administrative decisions; Advise on patent validity and patent infringement; Enforce patent rights through judicial and administrative channels; enforce patent rights via the customs; offer patent searches and watch services; advise on patent-related issues arising in commercial transactions including licensing and franchising; provide patent annuity payment and reminder services; and, manage patent portfolios.

* Trademark

We, the legal professionals of Bright & Right, offer trademark services in strategic planning for brand protection, trademark prosecution, trademark portfolio management, enforcement of trademark rights, unfair competition actions and the like. Specifically, our services include: advising on general trademark protection strategies; managing trademark portfolios; offering trademark searches and watch services; handling trademark applications; dealing with trademark opposition procedures, reviews on refusal and cancellations; handling judicial review of administrative decisions; conducting market and company investigations; enforcing trademark rights through administrative and judicial channels; enforcing trademark rights through the customs; advising on trademark related issues in commercial transactions including licensing and franchising; dealing with domain name registration and dispute resolution; and handling other trademark-related matters.

– Anti-trust & Anti-unfair Competition

We, the legal professionals of Bright & Right, have been offering legal services in the field of anti-trust and anti-unfair competition to transnational companies, large and medium local enterprises. Our professionals have been actively involved in the legislation of Chinese anti-trust laws. Our high qualifications, extensive experience and dedication enable us to offer our clients cutting-edge solutions to complicated problems related to anti-trust and anti-unfair competition. Our services in the field of anti-trust include: representation of clients in respect of civil claims in anti-trust cases; representation of domestic and foreign clients in anti-trust review in the course of mergers & acquisitions; Legal services to enterprises harmed due to the abuse of monopoly status; Representation of clients in administrative proceedings of anti-trust investigation; and, counseling on anti-trust. Our services in the field of anti-unfair competition include: infringement of business confidentials; commercial libel; commercial confusion & false labeling; price undercutting & exclusion of competitors; collusion in tender; commercial bribery; false advertisement; conditional transaction; illegal sale with prizes attached; and, legal counseling on other related matters.

– Franchise Management

We, the legal professionals of Bright & Right, have the best legal professionals for franchising management in China. We have set up the website Franchise Attorneys since 2003, conducting the relevant legal education in franchise management. We have participated in the revision of the franchise legislation in China, namely, the revision of the legislation: Administrative Regulations on Business Franchise Operation. For this new legislation, we have compiled the only authoritative commentary works upon the concrete application of the said administrative regulation, where the application of the regulation, the way of registration and information disclosure are explained in details. The said book has been published by the Law Press in China. In the field of resolution of franchise disputes (arbitration and litigation), we have participated in 90% of all the disputes related to franchise management. Thus, regarding the prevention and resolution of franchise disputes, we possess rich experience.

– International Trade

We, the legal professionals of Bright & Right, possess extensive experience in trade remedies, WTO dispute settlement proceedings, international trade agreement negotiations, customs measures, and import & export business counseling and so on. Specifically, we provide the following services: Representation of enterprises in response to anti-dumping investigations and reviews; Representation of enterprises and governments in response to countervailing duty investigations and reviews; Representation of enterprises and governments in response to safeguard investigations; Representation of enterprises in response to U.S. Section 337 investigations; representation of enterprises and governments in response to textile safeguard investigations relating to paragraph 242 of the Working Party Report on Accession of China; representation of enterprises in dealing with the customs measures and import/export business; representation of government in WTO dispute settlement proceedings; and, representation of governments in trade negotiations.

– Admiralty & Maritime

We, the legal professionals of Bright & Right, have rich experience in admiralty and maritime affairs. We have studied maritime law and marine insurance in and outside China, possessing rich knowledge and experience in providing relevant legal services to domestic and international clients on maritime transportation, marine insurance and other relevant areas relative to admiralty and maritime. We have beep representing shipping companies, shipbuilding companies, chartering companies, protection and indemnity club for ship-owners, charterers’ mutual insurance associations, owners, insurers, towing companies, and salvage companies from home and abroad in dealing with marine accidents, marine transportation, marine insurance, services at sea, engineering projects at sea, sea pollution and other admiralty and maritime affairs.

– Real Estate & Construction

We, the legal professionals of Bright & Right, offer real estate services in: acquisition & transfer of land use right; relocation, demolition and resettlement; development and transfer of real estate project; M&A of real estate projects; bank loan, project finance and trust for real estate projects; filing of presale registration, sale registration, and mortgage registration; preparation of legal documents including real estate presale contracts, real estate sale & purchase contracts, mortgage loan contracts; advising management of hotels with foreign investment; bidding and tendering of construction projects; and, resolution of disputes in real estate development and management.

– Litigation & Arbitration

* Domestic Litigation & Arbitration

We, the legal professionals of Bright & Right, offer the relevant legal services related to litigation and arbitration with high-ranking constructive legal counseling, presenting pragmatic, cost-effective solutions to complicated commercial disputes. Our services include: drafting dispute resolution articles in legal documents; providing legal counseling, suggestions and solutions on commercial disputes; implementing property preservation; representing domestic enterprises and organizations in domestic litigations; representing domestic enterprises in domestic arbitrations; participating in the negotiations for resolution of business disputes; and, enforcing effective court judgments.

* International Litigation & Arbitration

We, the legal professionals of Bright & Right, have represented a number of leading corporations and financial institutions in many important litigation proceedings, arbitration proceedings and administrative proceedings before courts, arbitration tribunals and administrative agencies in China. We have also represented our clients in major international arbitration institutions in the world, such as the China International Economic & Trade Arbitration Commission, the Court of Arbitration of the International Chamber of Commerce, the Stockholm Chamber of Commerce, the Hong Kong International Arbitration Center, the London Court of International Arbitration. Our services includes: advising on dispute resolution clauses; offering case analysis and recommendation of solutions; conducting investigation & property preservation; filing litigation; representing clients in international & PRC domestic arbitration; conducting alternative dispute resolution; and, implementing enforcement through PRC courts.