Commerce & Finance Law Offices

Litigation Arbitration Labor and Employment Intellectual Property

Partner

From 2003 to 2006, she worked for Zhong Lun Law Firm.

She joined in Commerce & Finance Law Offices in 2006.

Peking University, 2003, LL.B.

She has extensive experience in the areas of equity investment, financial products, various contract disputes, corporate disputes, partnership disputes, labor disputes, unfair competition, product liability, real-estate and construction projects, administrative reconsideration and litigation. She has represented numerous companies in hundreds of complex litigation/arbitration cases at various adjudications throughout and appeared in court as the presiding lawyer. Meanwhile, she has provided long-term legal consulting services for many large state-owned enterprises, multinational corporations and Internet companies. With her solid foundation of legal theory, enthusiasm of exploring new knowledge and new fields, earnest and steady working attitude and professional spirit of being responsible for her clients, she has obtained satisfactory results in all cases.

Commercial Litigation and Arbitration

She has represented China International Economic and trade arbitration commission, Beijing Arbitration Commission, the Supreme People's Court, the Higher People's Court of Beijing, Tianjin, Zhejiang, Jiangxi, Jiangsu, Shandong, Yunnan, Shanxi, Jilin Province and other provinces as well as local people's courts at various levels in investment disputes, equity disputes, unfair competition disputes, contract disputes, real estate disputes, administrative reconsideration and litigations. Yang Jiang v. ZMSJ Co., Ltd., represented by her ranked the first in "Top Ten Intellectual Property Cases in 2013" of the Supreme People's Court, and was named "Top Ten Typical Intellectual Property Cases in Beijing" by the Beijing Higher People's Court.

Labor Law

She has provided legal services in the area of employment law to a number of clients, including SIEMENS, Schneider, BASF, Degussa AG, VDA, CCS, Western Securities, Sofang and Yanbao Auto. Also she has represented over one hundred labor dispute arbitrations and litigations. The legal services provided by her in the field of Labor law cover the confirmation of employment relationship, conclusion, amendment and termination of employment contract, salary and overtime payment disputes, confidentiality, non-compete, official acts tort, employee options, economic layoff, probation period, labor dispatch, pregnancy, perinatal period, lactation period, service period and medical treatment period of female employees, and other relevant procedures from recruitment to dismissal. She assists the client to perfect the labor and personnel employment contracts, formulate and perfect the labor rules and regulations, and conduct the labor legal training for the management and the human resources department to prevent the employment risks of the enterprises.

Legal Consulting Service

She has provided legal services such as long-term legal counsel and special legal consultancy for large state-owned enterprises and their subordinate companies, foreign funded (including Hong Kong, Macao and Taiwan funded) companies and their invested enterprises in China, domestic and overseas listed companies and private enterprises.

Classic Cases

In the patent war between two domestic telecommunications giants, she acted as the legal agent for a giant's global litigation strategic planner and domestic litigation and participated in many overseas and throughout China litigations of both parties and appeared in court as the lead attorney in domestic litigations. She acted as the agent for the domestic internet security giant in the search engine unfair competition dispute between two domestic internet giants, which is named as the first case of domestic ROBOTs (Search Engine) Agreements. In an unfair competition dispute between two domestic Internet giants (defamation case), she represented a client in filing a lawsuit and successfully petitioned the court for a pre-trial injunction. This was the first time that Beijing First Intermediate Court had taken behavior preservation measures during a trial, and this case was named as one of the Top Ten Typical Cases Involving Internet Unfair Competition by Beijing First Intermediate Court in 2014. She acted for a Chinese internet security giant in its appeal against a well-known Chinese search engine in its unfair competition dispute over the issue of marking dangerous websites in the search results. The case was named as "Top Ten Innovative IP Cases in 2013" by the Supreme People's Court and "Top Ten Typical IP Cases in Beijing" by the Beijing Higher People's Court. The case of copyright infringement and privacy dispute between a celebrity represented by her and a company and a natural person was ranked first in the "Top Ten Intellectual Property Cases in 2013" of the Supreme People's Court and was recognized as "Top Ten Typical Intellectual Property Cases in Beijing" by the Beijing High People's Court. In the retrial of an administrative dispute case concerning the review of trademark objections between a company, a natural person and the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, she filed an application for retrial on behalf of the company, and on the ground that the award-winning evidence of the other party was in fact "false evidence", the Supreme People's Court retried the case and successfully changed the judgment of the case. She has represented world-renowned pharmaceutical companies in many products liability disputes in courts all over the country and has achieved satisfactory results for the clients. She represented a cross-border e-commerce platform contract dispute case, and successfully identified the case as a loan contract dispute under the circumstance that the legal relationship was mixed and stopped the loss for the client of nearly CNY 80 million. She represented a company in a financial trade dispute lawsuit. The attorney's opinions were completely adopted by the court, and all the claims of the client were basically supported. She represented a well-known domestic pharmaceutical company in a sales contract dispute case, and successfully stopped the seller from exercising the seller's recall right in the bankruptcy proceeding. She represented a group labor dispute case between a Fortune 500 company and its 155 employees due to layoff. She won all the cases in labor arbitration, first instance and second instance. She represented a foreign company in a labor dispute case between a foreign company and its former senior manager. She won all the cases in labor arbitration, first instance and second instance, and the claims of the employees for millions of yuan were all rejected. She represented a group company in a labor dispute case between a group company and its former senior manager due to labor relationship confirmation and salary dispute. She lost all the cases in labor arbitration, but the company won all the cases in the first instance and second instance, and the claims of the employees for millions of yuan were rejected. She represented the Supreme People's Court in the stock option dispute case between a group company and its former employee, which is a classic stock option dispute case. She represented several companies and their former senior managers in non-competition disputes and won all the cases. She represented a group company in administrative reconsideration and litigation against the housing expropriation decision made by the People's Government of Panlong District, Kunming, Yunnan Province, and finally made the government take the initiative to negotiate, and achieved a negotiation result satisfactory to her clients.