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Kingward Gan
甘建华律师

Attorney at law       

Kingward Gan
Cell: +86 135 8597 7056
Skype: Orientlaw
Email: kingward.gan@foxmail.com



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To learn more about our practice click on the area of interest below

International Trade    Admiralty & Maritime
Foreign investment  Merger & Acquisition
Intellectual property rights   Employment
Corporate Governance Contract
International Marriage and Succession Litigation & Arbitration

International Trade

·  Participating in trade negotiation, reviewing and preparing contracts 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 Chinese laws and international practices;
·  Advising on labeling, marking and other legal requirements on products imported into China; resolving consumer complaints and product liability disputes;
·  Assisting clients in regarding product complaints and product liability;
·  Designing contract structure, evaluating legal risks, drafting documents, handling governmental procedures and formalities and negotiating foreign-invested construction projects;
·  Advising on WTO rules;
·  Advising on customs matters relating to the trade;
·  Preparing for MOFCOM's antidumping investigations, appearing on their behalf in MOFCOM hearings;
·  Representing clients in anti-dumping and countervailing investigations by authorities in various jurisdictions, preparing and implementing defense strategies in these proceedings;
·  Appearing at litigation, arbitration and other alternative resolution proceedings on behalf of clients.

Admiralty & Maritime

·  Carriage of goods by sea evidenced by bills of lading, sea waybills, through bills or other transport documents;
·  Coastal and internal river transport;
·  Charter parties, including voyage, time and bareboat charters;
·  Arrests of ships and liens on cargo or bunkers;
·  Maritime security;
·  Agency agreements, shipping agency and freight forwarding;
·  Multi-modal transport and logistics;
·  Salvage contracts and towage;
·  Marine engineering contracts;
·  Maritime fraud and piracy, smuggling at sea;
·  Ship collisions, grounding and other casualties;
·  Salvage;
·  Oil spills and other pollution incidents;
·  Crew manning;
·  Maritime personal injury and wrongful death, product liability and professional negligence;
·   Sale, construction, repair, financing of ships or other offshore mobile units or containers;
·   General and particular average;
·   Port operations;
·   Non-contentious advice and assistance;
·   Administrative litigation related to maritime affairs.

Foreign investment

·  Initial investment planning and due diligence
·  Establishment of joint ventures, wholly-foreign-owned enterprises or other
·  forms of corporate enterprise for foreign investors
·  Financial planning and structuring
·  Tax planning, formulation of exit strategies
·  Design of corporate governance
·  Customs formalities
·  Labor and human resource regulations
·  Registrations and filings with government authorities on all levels
·  Ongoing legal services to foreign-invested enterprises
·  Restructuring and liquidation of foreign-invested enterprises

Merger & Acquisition

·  To assist our clients in merger/acquisition proposal design, to conduct credit      
·  investigation in the target enterprises and carry out legal research on
investment
·  feasibility study
·  To do due diligence investigation on merger/acquisition, to make legal
audition on  acquisition object and to control the legal risks in transaction
·  To make merger and acquisition method and transaction structure designs
·  To coordinate with the clients for merger/acquisition negotiation during the whole course and for effective acquisition scheduling control
·  To track the implementation of merger/acquisition project, and to make, participate and carry out emergent plans in merger/acquisition
·  To draft, modify legal documents in connection with merger/acquisition
·  To assist our clients in contact and communication with the governmental departments responsible for the work, and to fulfill necessary approval proceedings
·  To jointly make optimum tax planning in acquisition transaction with other intermediary agencies
·  To take our lawyers’ advantage in intellectual property and labor issues, and make optimum legal planning of intellectual property and labor issues involved in acquisition
·  To put forward feasible proposals of corporate governance after merger and acquisition of the target companies
·  To dispose non-performing assets, credits and debts
·  To assist our clients in integration after merger and acquisition

Intellectual property rights

·  Acquisitions of intellectual property rights
·  Advising on assignment and licensing of intellectual property rights
·  Advising on domain name issues and registrations of domain names on the  
Internet
·  Advising on protection of trade secrets and other unfair competition matters
·  Advising on strategy for protection of trademarks, patents, copyrights and 
other intellectual property related rights and risk management measures
·  Assisting domestic companies in dealing with investigations, queries, 
administrative or legal proceedings from foreign administrative or judicial
authorities
·  Conducting search, watch and investigation of trademarks and patents, and
providing legal opinions thereon
·  Drafting contracts concerning intellectual property rights
·  Enforcing intellectual property rights through administrative or legal
proceedings
·  Patent and trademark annuity payment and reminding services
·  Preparing and filing trademark oppositions and cancellations
·  Prosecution of trademark and patent applications
·  Procurement of copyright and computer software registrations
·  Recording intellectual property rights with Customs

Employment

· To help enterprises to know about relevant labor laws by seminars, training courses and other means
·  To provide legal consultation on labor laws for enterprises and employees
·  Aimed at the practical problems existing in enterprises, to instruct enterprises to apply labor laws by means of “Legal Advice”, and to properly settle labor affairs and disputes
·  To draft model labor contracts, corporate rules and regulations and other labor management documents and forms, to protect the rights and interests of enterprises
·  To act as the employer’s representative to participate in negotiation and discussion about labor contract, collective labor contract and other labor issues
·  To act as the employer’s representative to coordinate and mediate ·   internal labor disputes, and to assist the enterprises to deal with accidental events and crisis arising from labor management
· With the entrustment of enterprises, to assign lawyers and experts to ·   represent in labor arbitration and litigation
·  With the entrustment of employees, to assign lawyers and experts to represent in labor arbitration and litigation
 

Corporate Governance

·  To participate in foreign investment project negotiation at all stages
·  To assist in convening and attending shareholders’ meetings and issuing relevant legal documents
·  To formulate a series of contract framework, and building up a restriction mechanism among the shareholders’ meeting, the board of directors and the board of supervisors
·  To assist companies in building up a good faith system to improve the companies’ market reputation
·  To plan and recruit the agent right (power of attorney), reelect directors and improve company improvement for and on behalf of shareholders
·  To conduct legal audit and risk evaluation according to the due diligence report and relevant materials provided by target enterprises
·  To conduct necessary legal audit for transaction object and make legal evaluation on investment environment based on the market environment and government regulation that the company and assets positioned in, to avoid unnecessary government risk
·  To conduct legal audit on the incumbent behaviors of the officers of target companies who left their jobs
·  To conduct legal audit and risk evaluation on the counterparties in the speculated transaction, and to prevent risks of fraud and default

Contract

·  To provide legal advice on contract issues
·  To assist clients to establish and improve contract management    procedure, to control and eliminate legal risks
·  Contract related laws update
·  filing contracts and other documents for our clients
·  draft standard contracts for client’s needs
·  To draft, review and modify agreements, contracts, articles of association, confidentiality agreements, non-competition agreements and other legal documents
·  To participate in negotiations and executing contracts for and on behalf of our clients; 
·  Claims for liabilities for breach of contract
·  To issue lawyer’s letter, legal opinion and lawyer's witness
·  To represent our clients in litigation and arbitration in connection with contracts
·  To do credit investigation, due diligence investigation, and to handle non-litigation legal matters
·  Setup of credit account and supervision of contract implementation
·  Contractual payment collection and credit settlement

International Marriage and Succession

·  Premarital agreement on marital property ownership
·  Consensual divorce
·  Divorce proceedings
·  Property settlement
·  Child custody and visitation
·  Succession

Litigation & Arbitration

·  Advice on dispute resolution clause
·  Case analysis and recommendation of solutions or options
·  Investigation and property preservation
·  Litigation
·  International and PRC domestic arbitration
·  Alternative dispute resolution
·  Enforcement through PRC courts
·  Issue legal opinion or provide consultation on relevant favorable policy to  
hi-tech enterprises.

     

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Tel:+86 21-135 8597 7056 Email:kingward.gan@Foxmail.com