Yingke Law Firm

Overview:

Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and our aim is to forge a leading Chinese firm on a global scale, echoing China’s economic reform and social development.

China can be a challenging legal jurisdiction. Yingke has knowledge and experience in all aspects of Chinese legal, regulatory and governmental systems to help clients in obtaining the results they are looking for. As a result of our vast domestic network and international outreach we are able to deliver legal advice on the multi-jurisdictional transactions, which frequently make use of China’s favorable economic environment.

We are currently present in nineteen major cities in mainland China including Beijing, Shanghai, Shenzhen, Tianjin, Guangzhou, Wuhan, Qingdao, Nanjing, Suzhou, Xiamen, Shenyang, Kunming, Changsha, Chengdu, Jinan, Changchun, Dalian, Ningbo and Hohhot.

Over the last 3 years, Yingke has developed its international office network at an unprecedented rate for a law firm and is now represented on 4 continents and in 10 major commercial regions around the world. These include New York, Sao Paulo, Mexico City, London, Warsaw, Istanbul, Budapest, Verona, Seoul and Taiwan.

Our legal team specializes in a broad spectrum of practice areas, including international trade, foreign investment, company law, capital markets & securities, cross-Strait affairs, private equity, investment & finance, mergers & acquisitions, intellectual property, real estate, energy & environmental law and maritime trade & affairs. In addition to legal services we are active in the area of business development, and can contribute practical advice to your business operations, ensuring you do not have to sacrifice your bottom line in attending to problems beyond your scope of activity.

We are privileged that in the last ten years more than 18,000 clients from domestic and foreign enterprises have trusted us with their businesses and that we are a proud member of over 150 professional societies and associations. In addition, we have established strategic partnerships with several prestigious universities and colleges.

Year this Office was Established: 2001

Languages: Chinese, Korean, English

Areas of Law

Additional Areas of Law:
Cross-Strait Legal Services; Economic Offenses; Job-related Offenses; Corruption; Smuggling; Due Diligence; Company Restructuring; Compliance; Cross-Strait Tourism Complaints; Foreign Exchange; Securitization & Derivatives; Anti-Dumping; Debt Recovery; International Construction; Cultural and Creative Industries; Non-competition Agreements; Confidentiality Agreements; Training Service Agreements; Mining; Pensions.

Areas of Law Description

1. Corporate

Corporate governance, consultation on compliance with laws and regulations
Reform of state-owned enterprises
Transactions of title of corporate property
M & A
Bankruptcy and liquidation
Legal risk management

Taxation

Resolution of disputes on taxation
Risks management of tax audit
Organizational structure and effective tax financing
Effective M & A and corporate tax department transactions
Structure planning prior to the merge of enterprises
Technical support for company listing taxation issues
Tax planning
Examination of corporate tax

Antitrust & Competition

Disputes on unfair competition
Declaration of antitrust administrative licence for M & A of domestic and overseas enterprises
Declaration of antitrust administrative licence for large-scale merger of domestic enterprises
Civil and commercial compensation in antitrust cases
Administrative surveys in antitrust cases
Consultation and legal opinions on antitrust matters
Lectures and training on antitrust law

Cultural and Creative Industries

Policy consultation on cultural and creative industries including media and film, network technology, animation and gaming, publication, etc.
Broker’s affairs
Large-scale performance, sporting events, exhibitions
Investment and financing of cultural and creative industries
M & A of cultural and creative industries
Intellectual property management and protection in the cultural and creative industries

Labour Law

Labour arbitration and lawsuits
Labour law legal counsel
Drafting labour contracts, non-competition agreements, confidentiality agreements, training service agreements and documents for human resources management
Revising employee manuals and rules and regulations
Training on labour law
Designing downsizing plans
Declaration of special working hours system
Equity incentive plans
Examination of labour law legal risks

Physical Distribution

Disputes in urban public transport contracts
Disputes in taxi transport contracts
Disputes in contracts of air, railway, waterway, highway transportation, carrying freight or passengers
Disputes in pipeline transport contracts
Disputes in multimode transport contracts
Disputes in storage contracts
Disputes in freight forwarding contracts
Special legal services for traffic management authorities, traffic operation companies, motor vehicle manufacturing enterprises, sales and maintenance, car leasing companies, physical distribution companies, express-delivery companies, storage companies, etc.

2. Intellectual Property

Patents

Patent application
Patent research and analysis
Examining practicability of an invention
Patent review and invalidation
Patent licensing and transfer
Administrative dispute resolution
Patent infringement
Customs related affairs
Patent portfolio management and analysis
Legal advice for corporations

Trademarks

Designing, researching, licensing and monitoring of trademark
Transfer, alteration and review of trademark
Refusal of trademark, dispute over trademark, withdrawal of trademark
Application for the status of well-known trademark
Administrative dispute resolution
Infringement dispute resolution
Legal consultation for corporation

Copyright

Copyright and computer software licensing
Copyright disputes
Computer software disputes
Internet media disputes
Drafting agreements on development, cooperation, permission and transfer of computer software

High Tech Corporations

Corporation evaluation and inspection of its regulatory compliance
Enterprise establishment
Company certificate review
Application of discounted tax

Commercial Privacy Protection

Drafting commercial privacy protection policies
Advising on commercial privacy framework
Commercial privacy protection legal training
Dispute resolution

3. Employment Law

Drafting and (as appropriate) negotiating employment and employment-related documents (including employment agreements, stock option plans, employment termination and reoffer letters, deeds of separation and release, employment secondment agreements, confidentiality agreements and intellectual property right and invention assignments).

Advising on employment and employment-related matters (including advice on employees’ rights and protection, provident fund schemes, dismissal, discrimination, confidentiality, non-competition, personal data privacy and employee transfer issues).

Advising on and assist in employment visa applications and related immigration matters.

Advising on labor disputes and labor tribunal cases.

4. International Trade

Participating in trade negotiation, reviewing and drafting sales/purchase contracts, broker agreement and other documents;
Advising on transport, insurance, and letter of credit and other aspects relating to trade;
Conducting due diligence or credibility investigation;
Assisting clients in planning and arranging import and export businesses in accordance with China laws and international practices;
Advising on labeling, marking and other legal requirements on products imported into China; resolving consumer complaints and product liability disputes;
Advising on customs matters relating to the trade;
Representing clients in anti-dumping and countervailing investigations by authorities in various jurisdictions, preparing and implementing defense strategies in these proceedings;
International trade debt collection;
Arbitration of international trade disputes;
International trade litigation.