Dehehantong Law Office

Dehehantong Shanghai offices

Practice Field and Introduction As a member of the Shanghai Lawyers Association's Committee for Safeguarding Lawyers' Practice Rights and Interests, the Committee for Building a Legal Professional Community, the legal advisor of Caohejing Street of Xuhui District People's Government in Shanghai, a key member of the Criminal Case Research Institute of Shanghai Dehe Hantong Law Firm, and a senior lawyer in the dispute resolution team, Lawyer Lu has nearly ten years of professional experience in the fields of corporate anti fraud criminal compliance, criminal defense, criminal prosecution, company and business, construction engineering, and marriage and family inheritance. The criminal cases they have participated in include crimes that endanger public safety, disrupt the socialist market economy order, infringe on citizens' personal rights, democratic rights, and property rights; The civil and commercial cases involved in include cross disputes between civil law and criminal law, marriage and family disputes, lease contract disputes, sales contract disputes, trademark infringement disputes, etc., and the industries include construction engineering, intellectual property, science and technology, the Internet of Things, the Internet, insurance, traditional manufacturing, etc; At the same time, Lawyer Lu also serves as a long-term legal advisor for several companies, including a building materials and construction company, a biopharmaceutical company, a clothing raw materials company, an automotive technology company, an entertainment media company, a real estate company, and other well-known enterprises in the industry.

Corporate anti fraud criminal compliance, criminal defense, criminal prosecution

1. Involved in the defense of the case of goods banned from import and export by a smuggling country in Dandong, Liaoning Province, which is called "the first case of smuggling frozen goods involving South Korea in Dandong, Liaoning Province". As the defense lawyer of the first defendant, he participated in the defense throughout the whole process, and did his due diligence. On the premise that the main suspect, the boss of the smuggling group, was not present in the case, and that his party had participated in every link of the smuggling process throughout the whole process, and had been listed as the number one and the main suspect of the case by the investigation authority, the procuratorate and the court finally adopted the defense opinion by starting with each link of the smuggling crime, and striving to identify the accomplice from the aspects of capital contribution, location, role, division of labor, causal relationship, etc. of the joint crime. The court sentenced him to a suspended sentence.

2. Assisted a certain imported food retail company that has already obtained a second round of financing in criminally accusing the company's executives of using their positions to fabricate project contracts and start-up funds, suspected of fraud and embezzlement in the early stage. The public security successfully filed the case, and the procuratorate recommended a sentence of more than 12 years;

3. Assisted a wholly-owned subsidiary of a local state-owned enterprise in Shanghai in transferring the case of employee embezzlement to the public security for handling, and promoted the smooth filing of an economic investigation case by a public security bureau in a certain district of Shanghai. After the court's trial and determination, the case was sentenced to fixed-term imprisonment;

4. Assisted a senior executive of a designated maintenance company for a state-owned taxi in Shanghai in taking advantage of his position to seek benefits for external personnel, and collected benefits from external personnel. He was dismissed and never hired for touching the company's high-voltage lines. Due to suspected crimes, he was transferred to the public security organs for handling. After the court's trial, it was determined that the senior executive was suspected of embezzlement of duties and bribery of non-state personnel. The case is currently under processing;

5. Assisted a middle-level employee of a large steel company in Jiangsu in collecting external company benefits by taking advantage of their position. Due to suspected criminal activities, assisted the company in transferring the case to the public security for handling, and the case is currently under investigation;

6. Participated in the defense work of the second instance of the illegal manufacturing and buying of firearms case in a certain city in Henan Province, fulfilled his responsibilities wholeheartedly, and successfully persuaded the prosecutor in court to believe that the facts of the case were unclear and the evidence was insufficient. The court recommended that the case be remanded for retrial. After nearly two years of retrial, this case was designated by a higher court for jurisdiction in a different location. After re examination, the People's Procuratorate of a certain city in Henan Province believed that the evidence of the alleged crime in this case was insufficient and decided not to prosecute, resulting in innocence;

7. Involved in the criminal defense of the chairman of a local food factory in Shanghai on suspicion of intentional injury, fought for non prosecution at the procuratorate stage, and was acquitted;

8. Intervene in a case of intentional injury involving an engineer from a financial technology company and provide him with a criminal defense. Strive for relative non prosecution, innocence, and preservation of his job opportunities during the prosecution stage;

9. Acting as an agent in a fraud case involving a large stock allocation platform in Henan Province, despite the majority of the involved individuals being classified as frauds, we worked hard to submit a legal opinion to the prosecutor's office during the prosecution stage to successfully change the classification. We fought for a sentence of two years instead of the original recommendation of more than ten years, and ultimately sentenced the parties to one year and nine months in the court stage;

10. Involved in a large-scale case of spreading obscene materials for profit, against the backdrop of numerous effective criminal judgments in this series of cases, it was discovered during the review process that there were many fatal issues with the evidence used to determine the case. Under the pressure of the procuratorate and court to pursue a balanced sentencing for the entire case, the case successfully obtained a very lenient sentence for the parties involved;

11. Acting as the agent of the Economic Investigation Detachment of Pudong Public Security Bureau, together with Waigaoqiao Public Security Department, Chuansha Public Security Department, Sanlin Public Security Department, Huinan Public Security Department and relevant police stations to investigate the 2023 Sharpening Sword Special Action Case of "base salary fraud", which involved 108 suspect and involved more than 80 million yuan. Against the background of the division of the case, we broke through the difficulties of "four kinds of bad behaviors", the public prosecution authorities resolutely refused to give probation, and some people in the whole case have been sentenced to pursue sentencing balance, and successfully won probation for the parties at the court trial stage;

12. The counterfeit "Huawei" registered trademark case filed for investigation by Shanghai Pudong Economic Investigation Bureau involves more than 20 individuals. After some individuals changed their compulsory measures to release on bail pending trial for the first time, they intervened in this case. The parties involved were identified by the investigating authorities as the main criminals and were the management of the company involved, missing the first opportunity to be released on bail. After intervention, the party was successfully defended and identified as an accomplice from the perspective of their job position, responsibilities, content, and causal relationship in this case. During the arrest stage, under the premise of the party's criminal record, the prosecutor was successfully persuaded to abandon the restriction of Article 81 of the Criminal Procedure Law: "Those who have intentionally committed crimes should be arrested" and not arrested. The case was ultimately sentenced to probation;

13. A famous head Internet company supervised by the National Cyberspace Office and investigated by Shanghai Putuo Public Security Branch was extorted. This case is a typical "paid deletion" type of extortion. The editor in chief of the article and the community leader in charge of this case intervened in the preliminary investigation stage. There was no subjective intention of illegal possession, objectively no extortion behavior, and even if identified as an accomplice, there was no subjective "conspiracy" to strive for no criminal facts. The case is currently being processed and has not been reported for arrest or released on bail pending trial;

14. Intervention in the case of a logistics company driver accused of embezzlement of duties, which involves a complex relationship between the seller, logistics transportation company, and buyer. Starting from the perspective of the victim, there is no real meaning to this case: subjectively, there was no intention to embezzle the property of this unit, and objectively, there was no financial loss caused to this unit. During the preliminary investigation stage of the public security, no arrest or release on bail pending trial was reported, and the case is currently being processed;

15. Involved in the illegal operation case of the "New Third Board" in the large film and television industry, on the premise that the party concerned, as the first person in charge of the "not present" of the case, and the suspect illegally absorbed public deposits (the trial has been held but not pronounced), never started with the subjective intention of illegal operation, official behavior, and no conspiracy. The procuratorate will not arrest and obtain a guarantor pending trial during the examination and arrest of the case. At present, the case is in the middle stage.

intellectual property right

Lawyer Lu often assists the intellectual property team of Dehe Hantong, providing professional legal advice on intellectual property strategy layout, infringement and other matters for large technology companies, and representing them in court for controversial cases in this field. Representative cases in this field include:

1. Representing a well-known washing equipment technology company in handling lawsuits related to invention patents with peers in the same industry;

2. Represented an Internet company in Shanghai in handling a lawsuit with a world-famous Internet company due to a trademark dispute.

Corporate business, real estate, and construction

Lawyer Lu's experience in the real estate and construction fields includes disputes arising from real estate leasing, real estate buying and selling, as well as the construction and operation of building facilities. Representative cases in this field include:

1. Representing a certain automobile company in handling a lawsuit arising from a lease and property management contract with a large property management company;

2. Representing a chemical enterprise in handling a lawsuit arising from a housing lease contract with a real estate company;

3. Representing a certain construction group company in handling disputes related to construction equipment leasing contracts in the field of construction engineering, starting from the relativity of the contract and the focus of apparent agency, the court ruled to reject all of the other party's claims;

4. Long term representative of large domestic steel enterprises in handling construction subcontracting contract disputes caused by their general contractors' subcontracting construction projects. From the perspective of contract relativity, we have repeatedly advocated for the client company to reject the other party's lawsuit against us.

股权投资和回报

卢律师是一位具有商业头脑的诉讼律师。他擅长运用合作谈判技巧和诉讼策略，为处理股东纠纷或公司治理案件的各方设计最佳合作方案或赢得最大利益。该领域的代表性案例包括：

1. 代表某科技公司的股东处理其与其他股东之间因股权转让而引起的诉讼;

2. 代理科研人员（股东）处理与研究机构之间关于公司利润分配的诉讼。

Chinese,English