Watson & Band's current scope of practice includes various areas such as intellectual property; corporate and commercial law; data law and IP services; capital market; financial and asset management; restructuring and insolvency; culture, entertainment and sports; construction, real estate and infrastructure; labor and employment; family law and wealth management; trade, customs and tax; litigation and dispute resolution; and investigation, etc.
Watson & Band, as one of China's oldest intellectual property service providers with the qualifications as a foreignrelated patent agency, maintains a leading position in the intellectual property industry due to its extensive experience. Watson & Band's IP-related services cover agency and consulting services concerning trademarks, patents, copyrights and other new types of IP rights, enforcement and litigation services, and commercial IP-related legal services.
Watson & Band's IP practice team is made up of hundreds of professionals including lawyers, agents, engineers, professors, scientific researchers and senior consultants. IP services offered by Watson & Band encompass the fields of chemistry, biotechnology, pharmaceuticals, machinery, electronics, telecommunications, data, optical physics, automatic control, metallic materials and semiconductors, etc.
The provision of superb IP services has brought Watson & Band a great deal of acclaim along with numerous awards including designations as “Asian IP Law Firm of the Year” or “China IP Law Firm of the Year” and other listings by Chambers and Partners, China Law & Practice, The Legal 500 Asia Pacific and ALB, etc. Every year Watson & Band hosts various seminars in cooperation with domestic and overseas government institutions and academic institutions to research cutting-edge issues and latest practice trends.
Our services in this area mainly include:
- ⚫ IP Agency and Consulting Services
- ⚫ IP Enforcement and Litigation Services
- ⚫ Commercial IP-related Legal Services
⚫ IP Agency and Consulting Services
In consideration of general industry needs and the unique business characteristics of its clients, Watson & Band has established permanent special practice teams to provide comprehensive services to its clients. Supported by a solid patent litigation background, these teams apply their extensive litigation experience to patent and trademark applications. Watson & Band's quality control team implements a quality control system to ensure quality in the drafting of patent documents and in the corresponding agency practices, and its system administrators and business division managers cooperate to ensure that deadlines are met.
Our services in this area include:
- ❖ Patent application (invention patents, utility models and design patents)
- ❖ Patent reexamination and invalidation proceedings support
- ❖ Patent searches (FTO searches)
- ❖ Patent analysis (stability/patentability, infringement comparison and design around)
- ❖ Patent assessments (high-tech enterprise identification, patent navigation, innovation vouchers and standards implementation)
- ❖ Trademark application
- ❖ Trademark opposition and review support (objection, invalidation and cancellation)
- ❖ Trademark searches
- ❖ Trademark analysis (infringement comparison and design around)
- ❖ Corporate trademark strategy formulation
- ❖ Integrated circuit, copyright and domain name registration
- ❖ Customs recordation procedures for IP rights protection
- ❖ Patent strategy and patent mining
- ❖ Patent navigation and portfolio
- ❖ Applications for government projects (standards implementation, high-tech enterprises, innovation vouchers and other support services)
- ❖ Patent annuities management
⚫ IP Enforcement and Litigation Services
On a case-by-case basis, Watson & Band establishes special teams equipped with professional investigators to support its clients with high-quality and efficient services. Over the past few decades, Watson & Band has successfully resolved many IP litigation cases, including many “firsts” in Chinese IP jurisprudences -- the first patent infringement case between two foreign companies, the first patent infringement case between a Japanese company (plaintiff) and a Chinese company (defendant), the first criminal case involving trade secrets infringement, and Shanghai's first cross-border trademark infringement case in which the disputed trademark was identified as a “well-known trademark”.
Our services in this area include:
- ❖ IP Litigation
- ▪ Patent litigation
- ▪ Copyright litigation
- ▪ Trademark litigation
- ▪ Trade secrets litigation
- ▪ Unfair competition litigation
- ▪ Civil, administrative and criminal litigation and arbitration involving other IP rights
- ❖ IP Infringement Investigations and Anti-Counterfeiting
- ▪ IP infringement investigations
- ▪ Administrative complaints concerning trademark, copyright and patent infringement
- ▪ Customs IP rights protection
- ▪ IP-related complaints during exhibitions
- ❖ IP Monitoring
- ▪ Infringement and product monitoring
- ▪ Monitoring and complaints concerning infringement on the Internet
- ▪ Customs monitoring of IP infringement
⚫ Commercial IP-related Legal Services
Watson & Band's commercial IP-related legal services cover in-house operations and management and outbound licensing and transactions that are involved in enterprises' internal brand management, technical information and innovation projects. Watson & Band enjoys extensive practical experience in: formulating comprehensive enterprise IP strategies; designing and building global IP administration platforms; providing enterprise IP standardization management services; drafting in-depth IP research reports and providing them to influential domestic and overseas industry associations; designing service invention reward policies; managing and protecting trade secrets; trading and licensing IP rights; and operating enterprise IP rights capitalization.
Our services in this area include:
- ❖ IP licensing
- ❖ IP investment
- ❖ IP capital finance services
- ❖ IP strategy and management
- ❖ Service invention and trade secrets management
- ❖ IP compliance
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Watson & Band enjoys rich experience and great insights in corporate and commercial practice. Since its establishment in 1995, Watson & Band has been engaging in foreign-related legal services with a scope of practice that covers a multitude of corporate and commercial matters.
Watson & Band has attracted much attention and has earned a formidable reputation from a great number of world-renowned legal rating organizations. We have been listed as a highly recommended firm in corporate and commercial area, for example, by Chambers and Partners, Asian Legal Business and Asialaw Profiles.
Our services in this area mainly include:
- ⚫ Foreign Direct Investment
- ⚫ Corporate M&A
- ⚫ Overseas Investment
- ⚫ Anti-monopoly Legal Services
- ⚫ Corporate Compliance
- ⚫ Commercial Legal Services
- ⚫ Corporate Governance
- ⚫ Private Equity
⚫ Foreign Direct Investment
Watson & Band enjoys extensive practical experience in the area of foreign direct investment (FDI) – in fact, it has followed up major FDI projects for a multitude of well-known companies. These projects include assisting multinational corporations with direct investment into China (for example, investing through the vehicle of a joint venture, a cooperative enterprise, a wholly-owned foreign enterprise or a representative office), and attracting investment from foreign investors for domestic companies by means such as joint ventures or cooperative enterprises.
Our services in this area include:
- ❖ Locating investment opportunities and partners
- ❖ Designing FDI project structures
- ❖ Helping client collect and analyze legal and business information
- ❖ Conducting feasibility research and due diligence for investment projects
- ❖ Providing legal advice on specific projects
- ❖ Completing approval and registration formalities for various foreign investment projects
- ❖ Providing legal services concerning acquisition of land use rights for foreign investments
- ❖ Negotiating with investment partners
- ❖ Drafting various contracts and legal documents
- ❖ Serving as domestic legal counsel and providing routine legal services
- ❖ Disseminating breaking legal news and policy updates
Corporate M&A is one of Watson & Band's core practice areas, and its lawyers have accumulated many years of experience in this sector. Watson & Band has assisted numerous domestic and foreign clients in completing M&A projects of target companies by means such as wholly-owned holdings, equity participation and asset acquisition.
Watson & Band's lawyers are adept at designing efficient, safe and individualized transaction structures for each project based on client requirements and industry conditions. With its advanced service management system to work closely with the financial advisors, auditors and assessors who are involved in acquisition projects, Watson & Band can ensure that all of the cooperating parties proceed towards the clients' specific objectives without critical oversights or communication failures, thereby saving a tremendous amount of time and resources for the clients.
Our services in this area include:
- ❖ Conducting legal due diligence
- ❖ Participating in transaction negotiations
- ❖ Drafting, reviewing and revising transaction documents
- ❖ Completing government approval formalities
- ❖ Supervising acquisition process
- ❖ Providing services related to equity transfer projects for state-owned enterprises
- ❖ Providing legal advice on public equity transaction projects involving state-owned property rights at legally established trading institutions
- ❖ Finding and screening acquisition target companies that are compatible with clients' specific needs
- ❖ Designing and planning transaction structures and schemes for foreign investment acquisition (including equity and asset acquisition) projects
- ❖ Providing legal solutions to existing legal problems and defects in target companies
- ❖ Assisting clients in carrying out acquisition-related takeover work and formulating plans for the post-acquisition transitional period
Along with the implementation of “the Belt and Road” initiative, more and more domestic enterprises are turning to overseas investment in line with the “stepping out” strategy. Watson & Band maintains extensive business contacts and communications with law firms in major overseas investment destination countries. It is for this reason that we are able to provide one-stop legal services for domestic enterprises engaged in overseas investment and transnational M&A, thereby saving time and enhancing efficiency to the greatest extent.
Our services in this area include:
- ❖ Conducting legal due diligence
- ❖ Designing transaction structures
- ❖ Participating in transaction negotiations
- ❖ Formulating financing arrangements
- ❖ Drafting, reviewing and revising transaction documents
- ❖ Completing government approval formalities
- ❖ Supervising the delivery process
- ❖ Providing bilingual services
⚫ Anti-monopoly Legal Services
Relying on its extensive theoretical knowledge and practical experience in the intellectual property and anti-unfair competition areas, Watson & Band is able to thoroughly understand legislative trends in anti-monopoly law. With its close cooperation and active communication with administrative and judicial authorities, Watson & Band helps clients to properly apply the anti-monopoly law system to effectively reduce the risk of monopoly and unfair competition, to provide prompt solutions in the event of legal issues or imminent legal penalties, and to adequately safeguard the legitimate rights and interests of its clients in the face of monopoly or unfair competition by other business operators or competitors.
Our services in this area include:
- ❖ Providing legal advice on litigation and investigations
- ❖ Participating in anti-monopoly investigations and petitioning for leniency
- ❖ Providing legal advice on unannounced investigations, including responding to “simulated scenarios”
- ❖ Providing legal advice on anti-monopoly compliance issues
- ❖ Providing business compliance guidance and training concerning anti-monopoly issues
- ❖ Conducting reviews of horizontal/vertical monopoly agreements
- ❖ Commenting on potential anti-monopoly issues in M&A and other transactions
- ❖ Providing customized compliance projects
- ❖ Holding lectures, seminars and in-house employee training programs on anti-monopoly and compliance issues
- ❖ Assisting clients in establishing anti-monopoly warning and emergency mechanisms and in preparing countermeasures to simulated anti-monopoly risks
- ❖ Collecting, sorting out and compiling information related to anti-monopoly issues in accordance with client requirements
Watson & Band has been providing compliance legal services for many domestic companies long before the compliance concept became fashionable in the legal industry. It has also provided prompt solutions to a series of complex cases involving commercial bribery and unfair competition. Watson & Band can provide comprehensive compliance services that include contract compliance reviews and investigations and processing of commercial crimes. Watson & Band's outstanding investigative and coordination skills in IP-related civil and criminal cases ensure accurate and targeted protection and other compliance services for clients.
Our services in this area include:
- ❖ Conducting compliance investigations
- ❖ Formulating and improving in-house compliance management mechanisms
- ❖ Providing compliance policy updates and training programs
- ❖ Appointing compliance officers and establishing compliance hotlines
- ❖ Conducting contract compliance reviews
- ❖ Conducting trade secret compliance and reviews
- ❖ Conducting third-party compliance due diligence
⚫ Commercial Legal Services
Watson & Band is skilled in providing general commercial legal services that arise during the course of routine enterprise business operations. Watson & Band can provide enterprises with one-stop services that are tailored for various industries as well as the individual characteristics of various enterprises, thereby solving all kinds of legal problems that the enterprises may encounter during routine operations.
Our services in this area include:
- ❖ Drafting, reviewing and revising purchase and sale, distribution and other commercial contracts and documents
- ❖ Participating in commercial negotiations on behalf of enterprises
- ❖ Providing consultations on legal issues that arise during routine business operations
- ❖ Providing legal advice on commercial projects
- ❖ Providing routine legal training programs for enterprises
Watson & Band has a professional team composed of lawyers who are adept at corporate governance services. Watson & Band's lawyers are able to provide comprehensive legal advice on routine operational matters under China's unique legislative framework. The lawyers can also customize implementation plans related to corporate governance structure and compliance issues in accordance with the China law as well as the particular circumstances of the clients, thereby effectively avoiding or reducing the risk of administrative penalties and civil and/or criminal liability that might be imposed upon corporate or individual clients. Meanwhile, Watson & Band's lawyers also mitigate other legal risks that might operate as powerful adverse influences on the clients' operations, so that the goodwill, reputation and public image of the clients will be protected from harm.
Our services in this area include:
- ❖ Disposing and setting of composition, functions and execution proceedings of boards of directors, board committees, directors and key personnel
- ❖ Formulating articles of association, rules of procedure, corporate governance guidelines, codes of conduct and other strategies and procedures related to corporate governance
- ❖ Commenting on information disclosure requirements and compliance issues
- ❖ Designing self-assessment systems related to corporate governance
- ❖ Compensation mechanisms for the management
- ❖ In-house investigations and company crisis management
- ❖ Advising on updates to relevant legislation and corresponding implementation plans
- ❖ Training programs for capability of legal risk control of the company's management
In recent years Watson & Band has thoroughly explored the emerging practice area of private equity, and as a result, its services have been gradually expanding. Watson & Band has established a practice team composed of lawyers with profound theoretical understanding and rich practical experience in private equity. These lawyers have provided comprehensive legal services for a number of well-known domestic and foreign institutional investors. To adapt to China's unique legislative background, Watson & Band customizes reasonable founding framework and transaction structures for the private equity funds of each client. Watson & Band has designed appropriate legal structures for many clients who participate in investment transactions and the establishment of domestic private equity funds, and it has successfully obtained government approvals for its clients.
Our services in this area include:
- ❖ Transaction and financing projects on the secondary market
- ❖ Investor legal services for clients including high net worth individuals, funds, institutions and family wealth managers
- ❖ Private equity transactions and venture investments
- ❖ Foundation registration and legal advice for private fund managers
- ❖ Compliance advice for private investment fund managers
- ❖ Legal document review concerning trusteeships for private investment funds
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Data-related Legal and Intellectual Property Services
Watson & Band maintains a professional data-related legal and intellectual property practice team. Team members include leading domestic scholars and government consultants such as Professor Gao Fuping from the East China University of Political Science and Law, as well as various lawyers, agents and other professionals with extensive practical experience in data-related legal and intellectual property services. In order to meet the challenges of the digital economy and the clients' growing needs for ownership protection, data circulation, exchange rules and legal compliance issues concerning data-related intellectual property rights, Watson & Band's professional team provides the clients with the following services:
- ⚫ Data compliance
- ⚫ Data asset management
- ⚫ Data circulation and exchange
- ⚫ Data competition
- ⚫ Data security and risk assessment
- ⚫ Personal information and industrial data protection
- ⚫ Data-related IP agency
As a pioneer in data protection and compliance legal services, Watson & Band provides enterprises with comprehensive services for data security, cybersecurity and personal information protection, covering various industries including (but not limited to) financial technology, medical and pharmaceutical, intelligent drive, automobiles and gaming etc. Watson & Band is able to provide professional and targeted compliance solutions and quality legal services for the clients' data compliance needs.
Our services in this area include:
- ❖ Conducting assessment of gaps in data compliance and providing legal advice on data compliance
- ❖ Customizing compliance programs and providing compliance training for clients
- ❖ Providing legal advice on the compliance of the clients' data-related products or service models
- ❖ Providing legal advice on compliance issues of the clients' data-sharing projects
- ❖ Formulating data-related internal control policies and drafting template service contracts and standard clauses
Watson & Band's professional legal team offers legal services related to protection of data asset rights and interests and data governance. Our comprehensive and multi-dimensional services cover overall planning, management and implementation, auditing and inspection and asset operation of data assets.
Our services in this area include:
- ❖ Conducting due diligence of clients' data assets
- ❖ Assisting clients in data asset value assessment
- ❖ Developing data asset products and services
- ❖ Providing legal advice on data security and data quality management
- ❖ Assisting clients in resolving legal disputes related to their data asset operations
⚫ Data Circulation and Exchange
With extensive experience in data development, exchange and cross-border transfers, Watson & Band's professional legal team has assisted the Shanghai Data Exchange Center in drafting industry standards and guideline documents concerning data circulation, processing, exchange and protection. The team is also familiar with the rules on data circulation and utilization, as well as the latest statutes and regulations, and is therefore able to help mitigate the clients' legal risks and safeguard the clients' interests in data circulation and exchange.
Our services in this area include:
- ❖ Drafting legal documents and conducting negotiations in the process of data circulation and exchange
- ❖ Providing legal advice on the collection, storage, use and cross-border transmission of the clients' important data and personal information
- ❖ Assisting clients in resolving legal disputes arising out of data circulation and exchange
Watson & Band's professional legal team, with rich experience in the data competition area, offers targeted legal advice on data competition based on the clients' needs or the nature of the data concerned. Watson & Band handled the first case in China involving protection of financial information related to securities. The team's sound theoretical foundation and enriched practical experience guarantee quality and professional services for the clients.
Our services in this area include:
- ❖ Representing clients in data-related civil lawsuits involving unfair competition
- ❖ Representing clients in data-related civil lawsuits involving antitrust issues; attending court hearings and drafting related attorney's briefs
- ❖ Representing clients or clients' staff in criminal prosecutions involving cybersecurity and personal information protection; attending court hearings and drafting defense opinions
⚫ Data Security and Risk Assessment
Watson & Band's professional legal team is capable of formulating cybersecurity standards and policies for clients, as well as providing professional assessments and legal advice in response to cybersecurity accidents. The team's extensive practical experience in data security can better safeguard the clients' data security.
Our services in this area include:
- ❖ Assisting clients in internal auditing of cybersecurity and data compliance as well as in security impact assessments of cross-border data transmissions
- ❖ Assisting clients in data security impact assessments prior to mergers, acquisitions and reorganizations
- ❖ Assisting clients in dealing with cyber-attacks or information leakage accidents and recommending emergency solutions and remedial measures from legal perspective
⚫ Personal Information and Industrial Data Protection
With rich practical experience in the use and protection of personal information during clients' routine operations, Watson & Band's professional legal team has provided consulting services related to personal information protection for a number of prominent enterprises in the technology, media and telecommunications (TMT) industry. The team is well recognized for its high-quality and professional legal services.
Our services in this area include:
- ❖ Formulating and revising privacy policies and user agreements concerning personal information protection based on each client's characteristics
- ❖ Analyzing advertent matters in the collection, analysis and use of personal information based on the actual business scenarios of each specific client, and providing related advice
- ❖ Providing compliance advice on the models of collection, analysis and use of personal information in the clients' precision marketing projects, for the purpose of satisfying the users' legitimate rights such as the right to know and the right to choose, and designing corresponding “user acceptance” terms and optional “user exit” models
- ❖ Assisting clients in responding to enforcement actions related to cybersecurity and personal information protection by regulatory authorities, and providing the clients with legal advice and appropriate responses
- ❖ Assisting clients in protecting their information or data through litigation and other approaches
Watson & Band's IP protection and agency team represents clients in the course of data collection, processing, storage and management. Based on sound theoretical knowledge and extensive practical experience, the team is able to provide comprehensive, multidimensional and efficient data-related IP agency services to satisfy the clients' needs.
Our services in this area include:
- ❖ Copyright protection for data content in databases
- ❖ Copyright protection for data storage, retrieval and processing tools software
- ❖ Patent searches, mining and applications for technical solutions related to data processing
- ❖ Patent stability analysis and infringement risk assessment on patents related to data processing
- ❖ Free-to-Operate (FTO) searches and patent invalidation requests regarding patents relating to data processing
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Watson & Band has long dedicated itself to the capital market area by providing legal services for issuers, and providing legal services in the issuance of stock and bonds as engaged by brokers. In recent years Watson & Band has been accomplishing great achievements in this area by assisting a number of domestic enterprises in issuing stock and bonds on domestic and overseas capital markets, including assisting a large state-owned enterprise in completing the first exchangeable bond issuance project in China.
Our services in this area mainly include:
- ⚫ Domestic and overseas IPO projects
- ⚫ Refinancing for listed companies
- ⚫ M&A and reorganization of listed companies
- ⚫ Bond issuance
- ⚫ New Third Board projects
⚫ Domestic and Overseas IPO Projects
Watson & Band's professional legal team enjoys extensive experience in providing legal services related to domestic and overseas IPO projects. Watson & Band guarantees extremely high service standards in the four stages of IPO projects -- reorganization and restructuring, overall changes to material declarations, CSRC review and listing applications.
Our services in this area include:
- ❖ Assisting clients in formulating reorganization and restructuring plans, and drafting meeting documents;
- ❖ Conducting due diligence and promptly communicating legal issues and risks to intermediaries;
- ❖ Drafting: (i) rules of procedure for shareholders' meetings, boards of directors and boards of supervisors, (ii) resolutions for shareholders and board of directors meetings, (iii) articles of association, and (iv) other standard documents for listed company.
- ❖ Assisting companies in formulating public offering and listing plans and reviewing related documents;
- ❖ Providing legal advice on company stock offerings and listings, and providing additional legal advice based on CSRC feedback;
- ❖ Providing legal advice to stock exchanges
⚫ Refinancing of Listed Companies
Watson & Band's professional legal team applies profound theoretical understanding with practical experience relating to the refinancing of listed companies. Watson & Band's lawyers provide high-quality professional legal services at every stage from preparation to the actual implementation of the refinancing process.
Our services in this area include:
- ❖ Participating in the discussions of the company's plans as per the client's specific instructions;
- ❖ Drafting and reviewing agreements and documents related to refinancing projects;
- ❖ Reviewing proposals of board of directors and shareholders' meetings;
- ❖ Assisting clients in formulating refinancing plans and providing professional advice on the law and policy that may be involved;
- ❖ Conducting due diligence for a comprehensive understanding of the qualifications, assets, credits, debits, etc. of the target company;
- ❖ Completing the various formalities required for the registration, re-registration and deregistration of changes;
- ❖ Providing pertinent legal advice, including follow-up special legal advice based on CSRC feedback.
⚫ Merger & Acquisition/Reorganization of Listed Companies
Watson & Band's professional legal team provides comprehensive, multi-dimensional, professional and high-quality legal services for the M&A/reorganization of listed companies that range from preparation to negotiation and implementation.
Our services in this area include:
- ❖ Assisting clients in formulating preliminary M&A/reorganization plans, and providing professional services concerning the law and policy that may be involved;
- ❖ Assisting clients in drafting and executing non-disclosure agreements, assets assignment agreements and other related legal documents;
- ❖ Conducting due diligence to promptly manage legal risks;
- ❖ Assisting clients in M&A/reorganization negotiations; formulating negotiation strategies and drafting letters of intent;
- ❖ Providing pertinent legal advice and completing approval formalities;
- ❖ Completing various governmental filing and registration formalities.
Watson & Band's professional legal team enjoys broad experience in providing legal services related to corporate bond issuance. Watson & Band's lawyers provide professional and efficient legal services relating to the legality of the bond issuer, issuance procedures, issuance documents, review of major legal events, and legal risks.
Our services in this area include:
- ❖ Conducting due diligence of issuing companies, distribution factors, etc. and negotiating and discussing important issues with intermediaries in a timely manner;
- ❖ Reviewing the authorizations and approvals necessary for bond issuance;
- ❖ Reviewing the procedural and substantive legality of bond issue guarantees and underwriting;
- ❖ Assisting clients in drafting and reviewing legal documents such as the prospectus;
- ❖ Providing legal advice related to bond issuance.
⚫ New Third Board Projects
Watson & Band's professional legal team enjoys extensive experience in performing legal services related the New Third Board market. Watson & Band's lawyers can comprehensively verify facts, avoid legal risks and provide quality professional legal services all the way from startup to successful listing.
Our services in this area include:
- ❖ Assisting clients in formulating New Third Board plans; timely communicating with intermediaries and securities traders concerning pertinent legal issues;
- ❖ Conducting due diligence and issuing remedial plans for legal problems;
- ❖ Drafting governing rules for meetings of shareholders, boards of directors and boards of supervisors; drafting articles of association; and documents and proposals related to the listing and assignment of listed companies;
- ❖ Assisting clients in formulating and reviewing resolutions and proposals generated at shareholders' meetings and board meetings;
- ❖ Providing pertinent legal advice, including follow-up advice based on feedback.
Financial and Asset Management
Watson & Band's professional team enjoys extensive experience in the financial and asset management practice area. Most of the team members possess educational backgrounds in both law and finance — their knowledge extends to both the applicable statutes and regulations in various financial sectors including banking, securities and insurance, and the management models and compliance procedures adopted by various financial institutions. Since its early days, Watson & Band has occupied the cutting edge of the international financial markets, providing long-term legal services to top-tier domestic and overseas financial institutions for over a decade to date, and has won wide recognition for its precise positioning and rich experience.
Our services in this area mainly include:
- ⚫ Banking services
- ⚫ Insurance services
- ⚫ Securities services
- ⚫ Open fund services
- ⚫ Commercial trust services
- ⚫ Financial leasing services
- ⚫ Asset securitization services
- ⚫ Financial derivatives services
Watson & Band maintains a special service team that provides legal services to banking institutions. The team enjoys legal expertise as well as significant achievements in the banking and finance industries. Through its top-rated industry proficiency, Watson & Band has forged long-term cooperative relationships with dozens of top-tier international commercial banks, state-owned commercial banks, private banks and other financial institutions.
Our services in this area include:
- ❖ Commercial bank loans and credit services;
- ❖ Special legal services for private banks;
- ❖ Supervision services for banking compliance;
- ❖ Consulting services for establishing bank guarantees;
- ❖ Participation in banking projects, transactions and leveraged financing services;
- ❖ Development of financial derivatives and issuance and listing of innovative products;
- ❖ Banking-related litigation and arbitration
- ❖ Comprehensive legal services for bank financing and other products, including due diligence, negotiation and contract drafting.
With its solid theoretical foundation in insurance law, Watson & Band lawyers have participated in a number of projects to establish legal-risk prevention systems for major insurance groups and companies. Watson & Band is also dedicated to legal analyses and researches on innovative insurance products. With numerous financial partners worldwide, Watson & Band's legal services guarantee constant innovation.
Our services in this area include:
- ❖ Design, legal demonstration and auditing of insurance products and terms;
- ❖ Compliance review services for daily management needs of insurance companies;
- ❖ Assistance in claim and settlement services for insurance companies;
- ❖ Representation in litigation and arbitration proceedings for insurance companies;
- ❖ Compliance analysis services on insurance derivatives;
- ❖ Merger and acquisition services for insurance companies;
- ❖ Legal training services for insurance companies
- ❖ Participation in business negotiations for insurance companies.
Watson & Band has established long-term cooperative relationships with many domestic securities companies on the basis of its diversified professional backgrounds in law and securities. Watson & Band's securities lawyers are familiar with the underwriting and issuance procedures as well as the requirements on stocks, bonds and notes. The lawyers have participated in several large securities underwriting projects, and provided comprehensive legal services for securities companies and other financial institutions.
Our services in this area include:
- ❖ Daily legal process management services for securities companies;
- ❖ Compliance and risk auditing services for securities companies;
- ❖ Advice on the underwriting procedure for securities companies
- ❖ Legal services concerning the establishment, dissolution and change of securities companies and their branch offices;
- ❖ Representation in litigation and arbitration proceedings for securities companies;
- ❖ Legal training services for risk management personnel of securities companies;
- ❖ Participation in investment cooperation, project financing and other services for securities companies.
Watson & Band enjoys extensive experience in the establishment, investment and management of funds. We have long been focusing on legal researches on both domestic and foreign fund markets. Through researches on different fund rules, we provide targeted fund-related services and unique legal advice.
Our services in this area include:
- ❖ Establishment of internal management systems for fund companies;
- ❖ Fund operation compliance review services;
- ❖ Provision of comprehensive legal services covering fund establishment, investment, management and exit;
- ❖ Drafting and revising legal documents such as establishment applications;
- ❖ Design of fund raising plans and assistance in negotiations;
- ❖ Provision of comprehensive legal services for fund companies and their products in terms of risk control and investment consulting, etc.
- ❖ M&A verification and transaction planning services for fund companies;
- ❖ Assistance in resolving fund investment disputes.
⚫ Commercial Trust Services
Commercial trust services represent a high-precision service area of Watson & Band. Watson & Band has long been engaged in providing commercial legal services, and has accumulated extensive practical experience therein. Watson & Band's team comprises highly educated legal talents who are familiar with domestic and foreign trust legal expertise and trust operation models. The team is able to provide solid legal protection for commercial trust projects established by trust companies and other financial institutions.
Our services in this area include:
- ❖ Design, distribution and legal risk analysis of trust products;
- ❖ Trust product compliance review services;
- ❖ Services for fund trust, pension trust, negotiable securities trust and real estate trust projects;
- ❖ Due diligence and legal advice for trust projects;
- ❖ Drafting and review of trust-related legal documents;
- ❖ Legal services concerning credit witness;
- ❖ Drafting and preparation of documents necessary for approvals on trust projects;
- ❖ Analysis on legal issues in investment trusts such as real estates of trust companies
- ❖ Representation in litigation and arbitration disputes arising from the process of trust investment and collective fund trust plans, etc.
⚫ Financial Leasing Services
Watson & Band's financial leasing team is primarily composed of professionals in economic law from well-known law schools. The team can assist clients in the establishment of financial leasing companies, and can provide a full set of related contractual documents to help the financial leasing companies design their transaction structures and help improve their financial structures, which ensure best quality services for the clients.
Our services in this area include:
- ❖ Establishment and organizational structure design of financial leasing companies;
- ❖ Equity financing, project financing and trade financing services;
- ❖ Design of financial leasing transaction structures; preparation of relevant contractual documents;
- ❖ Optimization of financial leasing plans and provision of legal risk control services;
- ❖ Full-process risk control services after execution of the financing lease contracts;
- ❖ Representation in litigation, arbitration and enforcement in cases involving financial leasing disputes.
⚫ Asset Securitization Services
Watson & Band has been active in the asset securitization practice in recent years. Watson & Band's lawyers have represented banks, brokers, trusts and other parties involved in a number of asset securitization projects, by providing efficient and comprehensive legal services during the asset securitization operations, such as conducting due diligence, formulating asset management plans, drafting legal advice and contracts and assisting in business negotiations.
Our services in this area include:
- ❖ Credit asset securitization and corporate asset securitization services;
- ❖ Asset equity due diligence services;
- ❖ Transaction structure design services;
- ❖ Legal consulting services during the structural reorganization of asset securitization;
- ❖ Preparation of documents for asset support plans, including project specifications, service agreements and transaction contracts, etc.
- ❖ Coordination and communication between financial institutions, governments and enterprises; completion of related legal procedures;
- ❖ Risk assessment and provision of related legal advice.
⚫ Financial Derivatives Services
Watson & Band has throughout the years served as legal counsel for a number of renowned domestic and foreign financial institutions, commodity manufacturers, traders and logistics operators, among other enterprises and public institutions. We have also provided legal services for People's Governments at various levels, domestic and overseas industry associations and non-profit organizations. We have shown remarkable strengths in financial derivatives services from dispute resolution to product innovation demonstration, corporate governance, compliance and rectification, in all of which areas we have provided clients with a broad range of services and accumulated a large number of innovative cases. Watson & Band's lawyers, with their profound legal expertise, have participated in a number of prospective legal research projects. We are capable of assigning experienced teams of professionals to work on various researches and contribute our research results in the forms of legal advice or research reports.
Our services in this area include:
- ❖ Review of documents related to financial derivatives and consultation on related legal issues;
- ❖ Legal research and demonstration regarding development of new financial derivatives, formulation of agreements and launch of new products;
- ❖ Drafting and reviewing trading rules, compliance and regulation mechanisms and corresponding legal instruments for futures and financial derivatives;
- ❖ Mediation, arbitration and litigation involving disputes over financial derivatives;
- ❖ Coordination and resolution of disputes with regulatory agencies, exchanges, dealers or other market participants.
Restructuring and Insolvency(Bankruptcy Liquidation, Reorganization and Reconciliation)
In 2007, Watson & Band was selected as one of the first 12 law firms on the register of bankruptcy administrators appointed by the Shanghai Higher People's Court. We have since been providing long-term legal services to enterprises undergoing bankruptcy, reorganization and liquidation. In 2014, Watson & Band was selected by the Shanghai Higher People's Court as one of the nine law firms on its register of A-Class Bankruptcy Administrators. Watson & Band is adept at implementing practical operations in specific cases to provide integrated solutions reflecting various complex factors involved in enterprise bankruptcy, thereby helping its clients protect their interests to the greatest possible extent
Our services in this area mainly include:
- ⚫ Designing debt restructuring plans for enterprises facing bankruptcy to avoid insolvency and to maintain their operations
- ⚫ Designing reorganization pathways and exploiting reorganization procedures to resolve debt crises faced by the enterprises and to promote their rebirth
- ⚫ Participating in enterprise reorganization on behalf of reorganization investors, assisting such investors in acquiring the reorganization targets, and avoiding contingent risks
- ⚫ Filing for bankruptcy
- ⚫ Participating in bankruptcy proceedings on behalf of shareholders so that their rights and interests will not be impaired by the enterprise debt crisis
- ⚫ Participating in bankruptcy proceedings on behalf of creditors and striving for higher repayment rates
- ⚫ Providing legal services in litigation deriving from enterprise bankruptcy
⚫ Compulsory Corporate Liquidation
As a law firm on the register of bankruptcy administrators appointed by the Shanghai Higher People's Court, Watson & Band has long been designated by the Court to deal with compulsory corporate liquidation cases accepted at the Court. We have enjoyed favorable results in identifying reasons for dissolution, filing compulsory liquidation motions, and dealing with claims of interested parties such as shareholders and creditors.
Our services in this area include:
- ❖ Designing pathways for corporate dissolution and compulsory liquidation;
- ❖ Assisting in forming corporate dissolution resolutions or filing for dissolution proceedings on behalf of shareholders;
- ❖ Applying for compulsory liquidation against companies on behalf of their shareholders or creditors;
- ❖ Participating in compulsory liquidation procedures on behalf of shareholders to protect their rights and interests, including ascertaining other parties' liability and distributing residual company assets, etc;
- ❖ Participating in compulsory liquidation procedures on behalf of creditors to protect their interests
⚫ Voluntary Dissolution and Liquidation
Watson & Band's professional legal team enjoys rich experience in the field of voluntary corporate dissolution. We provide professional and high-quality legal services throughout various dissolution procedures including liquidation and deregistration.
Our services in this area include:
- ❖ Designing pathways for corporate dissolution and liquidation;
- ❖ Drafting and formulating legal documents such as board resolutions and dissolution notices for corporate dissolution and liquidation matters;
- ❖ Assisting companies in establishing liquidation teams;
- ❖ Notifying or issuing announcements to creditors;
- ❖ Liquidating assets, creditor's rights and debts of the company and dealing with business and residual assets related to liquidation;
- ❖ Organizing and coordinating intermediary work such as auditing, asset evaluation and auctions etc.;
- ❖ Assisting in formulating liquidation plans;
- ❖ Assisting in paying taxes, canceling tax registrations and deregistering bank accounts, etc.;
- ❖ Applying with competent authorities for formalities such as dissolution registration and deregistration of companies.
⚫ Legal Services for Litigation Arising out of Corporate Bankruptcy
Watson & Band's professional legal team enjoys rich theoretical knowledge and practical experience in dealing with litigation arising out of corporate liquidation and bankruptcy proceedings. We provide well-targeted and professional legal services for legal disputes in bankruptcy and liquidation proceedings by integrating the merits of our other legal teams to provide various types of legal expertise.
Our services in this area include:
- ❖ Dealing with disputes over creditor's rights affirmation and exemption rights;
- ❖ Dealing with litigation over bankruptcy revocation rights and setoff rights
- ❖ Resolving labor disputes arising out of liquidation
- ❖ Dealing with real property disputes arising out of bankruptcy and liquidation;
- ❖ Dealing with other litigation and disputes related to bankruptcy and liquidation.
Culture, Entertainment and Sports
Watson & Band has long been dedicated to providing legal services in the culture, entertainment and sports industry, and has thereby accumulated deep insights into China's current circumstances and environment, as well as domestic and overseas developments of the industry. We have provided comprehensive legal services to enterprises and organizations within industries such as performing arts, artist agency services and athletics. Our particular strong advantages in IP-related legal services guarantee the provision of comprehensive legal solutions that take into consideration the business features of each specific client. We have been engaging in entertainment law for years, and we are very familiar with various legal problems and the solutions thereto at different stages in the development of the entertainment industry. In recent years, Watson & Band has successfully represented a number of renowned domestic and overseas culture and entertainment companies and sports clubs by providing them with high-quality, comprehensive legal services.
Our services in this area mainly include:
- ⚫ Legal services for the culture and entertainment industry;
- ⚫ Legal services for the sports industry;
- ⚫ Legal services for the animation and gaming industry.
⚫ Legal Services in the Culture and Entertainment Industry
Watson & Band's professional legal team enjoys long-term practical experience in the culture and entertainment industry. In particular, our legal team is rich experienced in protection of industry celebrities' legitimate rights and interests, legal services related to the performance market, and IP protection within the industry.
Our services in this area include:
- ❖ Providing legal consultation concerning performance market issues such as organization, hosting, publication, copyrights, management, etc.;
- ❖ Providing legal services concerning pre-production, negotiations and approvals in cooperative projects of TV stations;
- ❖ Providing legal consultation concerning the production and distribution of cultural and entertainment programs;
- ❖ Assisting clients in drafting distribution, marketing agent, assignment or licensing contracts and agreements and other legal instruments for film and TV works and cultural and entertainment products;
- ❖ Providing legal services concerning the drafting and review of performing arts contracts and agency contracts for participants within the culture and entertainment industry;
- ❖ Providing services for protection and remedy for the portrait rights, reputation rights and/or honor rights of participants in the culture and entertainment industry;
- ❖ Formulating protection plans for IP rights, such as copyrights and trademarks, within the culture and entertainment industry, and providing related enforcement services;
- ❖ Assisting film and TV production companies and artist agencies in completing necessary administrative review and approval formalities;
- ❖ Providing legal consulting services concerning industry matters such as investment, financing, operation and cooperation, drafting, review and negotiation of relevant legal documents;
- ❖ Providing legal consultation for taxation issues involved in routine operations and performance projects;
- ❖ Providing legal services concerning incorporation, M&A, reorganization and deregistration of companies within the industry.
⚫ Legal Services for the Sports Industry
Watson & Band's professional legal team possesses rich practical experience in the sports industry. Our team has served as permanent legal counsel for a famous football club, offering full legal services in terms of the organization and management of sporting events and activities, as well as protection of the rights and interests of athletes.
Our services in this area include:
- ❖ Drafting and reviewing legal documents that need to be executed for planned sports activities;
- ❖ Formulating, reviewing and revising internal management policies for sports clubs;
- ❖ Assisting sportsmen and coaches in legal matters such as the signing of contracts and the recruiting and transfer between sports teams;
- ❖ Providing solutions concerning sanctioning athletes for disciplinary violations, labor disputes, team internal disputes, personal injuries, etc.;
- ❖ Providing legal services for the public figures within the industry (e.g. athletes) in relation to their portrait rights, reputation rights and honor rights;
- ❖ Providing legal services concerning the private affairs of athletes and coaches (e.g. wealth management, marriage, family law and inheritance matters);
- ❖ Providing IP-related legal services concerning the development and operation of images and publications related to sporting events, and live broadcasts of sporting events;
- ❖ Providing legal services concerning IP (e.g. trademark and patent) protection for sports brands;
- ❖ Providing legal consulting services concerning commercial operations such as sports investments;
- ❖ Providing operation-related services such as market listing plans, financing and taxation of sports clubs;
- ❖ Providing legal services concerning complaints, accusations, hearings, reconsiderations and appeals within sports associations;
- ❖ Coordinating and dealing with public relations matters such as government relations, crisis public relations, media culture and (football) fan organizations;
- ❖ Providing legal consultation concerning the construction and operation of gymnasiums;
- ❖ Regulating and assisting in cooperation and exchange programs with overseas sports clubs;
- ❖ Providing and interpreting the latest sports rules, regulations and industry news.
⚫ Legal Services in the Animation and Gaming Industry
Watson & Band's professional legal team enjoys rich practical experience in the animation and gaming industry. Our team has successfully represented a number of large domestic and foreign Internet gaming companies in legal actions, and we provide professional legal services and solutions to legal problems that rise during various stages of IP operations within the industry.
Our services in this area include:
- ❖ Assisting in the introduction of copyrights for overseas animations and games;
- ❖ Reviewing content compliance and assisting in completing administrative approval formalities;
- ❖ Providing services concerning IP protection and enforcement against unfair competition involved in the IP operations of animations and games;
- ❖ Drafting and reviewing contracts and agreements and other legal documents at various stages such as distribution of and investment in animations and games;
- ❖ Providing legal enforcement actions against the infringement of virtual property rights in animations and games.
Construction, Real Estates and Infrastructure
Watson & Band has a special practice group that is adept in handling legal matters concerning construction, real estates and infrastructure. The group is led by lawyers with overseas education backgrounds or years of practical experience in the relevant fields. Each of them possesses solid legal expertise and excellent foreign language skills. Watson & Band once provided special legal services for the development projects of large group corporations that involved hotels, villas and commercial complexes, and resolved various contract disputes in connection therewith.
Our services in this area mainly relate to:
- ⚫ Real estates development and transactions
- ⚫ Land transfers
- ⚫ Construction projects
- ⚫ Real estates financing
- ⚫ Infrastructure projects
- ⚫ Demolition and relocation
- ⚫ Bidding and Tendering
- ⚫ PPP projects
⚫ Legal Services for Real Estates Development and Transactions
Watson & Band offers comprehensive legal services for real estates development and transactions that cover residences, commercial complexes, utilities and industrial projects, etc. We provide our clients with high-quality and comprehensive services that cover all project phases including the preliminary phase of development, the construction phase and the marketing and sales phase.
Our services in this area include:
- ❖ Providing solutions to land use rights acquisition based on the nature of the land
- ❖ Reviewing, drafting or assisting in signing legal documents such as land assignment contracts or land transfer contracts
- ❖ Processing legal procedures concerning transfer of land use rights or lease of land on behalf of clients
- ❖ Providing legal argumentations for development projects and issuing Legal Opinions on Project Investment
- ❖ Providing legal consultancy services and implementation plans for operational risks and risk control involved in the projects
- ❖ Designing shareholding structures for real estates development project companies
- ❖ Conducting credit investigations of project cooperating parties and issuing corresponding Corporate Credit Investigation Report
- ❖ Examining the qualifications, credibility, performance capacity and the like of special contractors of the project
- ❖ Reviewing and drafting all types of legal documents during the process of real estates development including procurement contracts, processing contracts and outsourcing contracts
- ❖ Attending to all kinds of legal issues arising out of the sale and lease of commercial residential property on behalf of clients
- ❖ Representing clients in all kinds of litigation related to real estates development and transactions
⚫ Legal Services for Land Transfers
Watson & Band's professional legal team provides clients with accurate and competent legal services based on its rich hands-on experience in the fields of land transfer and its real-time command of land policies in China.
Our services in this area include:
- ❖ Verifying the qualifications of land transferors and transferees
- ❖ Reviewing, drafting or assisting in the execution of land transfer contracts
- ❖ Engaging in mediation, arbitration and litigation proceedings triggered by disputes that arise during the process of land transfer
⚫ Legal Services for Construction Projects
Watson & Band's professional legal team possesses rich practical experience in the field of construction projects as well as insightful understanding of relevant laws, regulations and state policies. Because of this, we are able to provide comprehensive legal services covering the entire process including establishment, survey, design, construction and inspection/acceptance of the construction projects.
Our services in this area include:
- ❖ Assisting clients in obtaining qualifications and credentials such as the Construction Land Planning Permit, the Construction Project Planning Permit and the Construction Permit
- ❖ Assisting clients in designing joint development plans for construction projects
- ❖ Drafting, reviewing or negotiating legal documents such as project survey contracts, construction contracts and equipment installation contracts
- ❖ Examining the professional qualifications of relevant entities
- ❖ Participating in inspection, acceptance and settlement work upon the completion of projects and reviewing inspection and acceptance materials
- ❖ Representing clients in all kinds of legal disputes related to construction projects, including tort claims and contractual disputes
⚫ Legal Services for Real Estate Financing
Watson & Band's professional legal team enjoys rich practical experience in providing legal services for real estates financing. Upon the clients' requests we can provide legitimate, reasonable and innovative financing solutions for the projects, and we can assist in resolving the numerous legal issues that arise during the financing process.
Our services in this area include:
- ❖ Loan financing for real estate companies
- ❖ Trust financing for real estate companies
- ❖ Securitization of real estate assets
- ❖ Refinancing for listed real estate companies
- ❖ Other financing methods
⚫ Legal Services for Infrastructure
Watson & Band's professional legal team enjoys extensive practical experience providing legal services for infrastructure projects. We are able to design legitimate and reasonable plans and transaction structures for projects with thorough legal due diligence, and we can assist clients in resolving numerous legal issues related to project operations.
Our services in this area include:
- ❖ Designing overall transaction structures for projects
- ❖ Assisting in the drafting, revision and negotiation of franchising contracts
- ❖ Designing financing structures for infrastructure projects, and drafting and negotiating relevant agreements
- ❖ Operational management and transfer of infrastructure
⚫ Legal Services for Demolition and Relocation
Watson & Band's professional legal team possesses practical experience in demolition and relocation projects, and has provided legal opinions on multiple large-scale demolition and relocation projects and gained a thorough understanding of relevant formalities such as verification procedures and publicity requirements, which enable us to safeguard the clients' interests during the process of demolition and relocation.
Our services in this area include:
- ❖ Conducting due diligence on the status of the land, buildings and enterprises, etc. involved in the project
- ❖ Assisting in loss assessment in demolition projects
- ❖ Assisting in drafting, reviewing and negotiating relevant legal documents such as expropriation compensation agreements
- ❖ Providing legal opinions on major project decisions
- ❖ Representing clients in legal disputes arising out of demolition and relocation
⚫ Legal Services for Bidding and Tendering
Watson & Band's professional legal team enjoys years of practical experience in providing legal services for bidding and tendering. Relying on our strong grip on the necessary procedures, we provide our clients with comprehensive and high-quality legal services in the process of bidding and tendering.
Our services in this area include:
- ❖ Examining the legality of the bidding activities as well as the qualifications and conditions of tenderees and tenderers
- ❖ Participating in formulating or reviewing bidding documents and providing legal opinions on bid evaluations and bid openings
- ❖ Examining the qualifications and conditions of bidding agencies
- ❖ Answering legal questions concerning the requirements, procedures, means and the like of the bidding and tendering projects, and issuing corresponding legal opinions
⚫ Legal Services for PPP Projects
Watson & Band's professional legal team is equipped with mature capabilities of providing high-quality legal services for PPP projects. Based on the clients' needs and intentions and pursuant to the current legal frameworks, we design transaction models and rights and obligations, evaluate legal risks involved in various transaction documents and assist in resolving disputes arising out of the projects.
Our services in this area include:
- ❖ Assisting in establishing and perfecting working mechanisms and management methods for PPP projects
- ❖ Participating in designing PPP model implementation plans
- ❖ Participating in identifying and selecting social capital partners
- ❖ Participating in project negotiations and in the drafting and execution of contracts
- ❖ Facilitating resolution of disputes that arise in the implementation of PPP projects
- ❖ Participating in the feasibility and compliance demonstration of PPP projects that involve participation of social capital
Watson & Band has a professional labor law team that offers professional legal advice to assist clients in handling employee management and labor disputes, as well as in avoiding potential legal risks involving employment issues. Targeting at controlling and eliminating labor disputes for the best interests of ours clients, we offer a full range of labor law services to subsidiaries, branch offices and joint ventures established by US, European and Japanese multinational corporations in China. In this manner, Watson & Band has accumulated extensive experience in handling labor and employment matters in the multi-culture context.
Our services in this area mainly include:
- ⚫ Labor disputes
- ⚫ Drafting employment contracts and company bylaws
- ⚫ Designing confidentiality and non-compete clauses
- ⚫ Layoffs
Watson & Band team's strong relationships with government authorities and labor arbitration commissions at all levels as well as the team's familiarity with the latest labor laws, policies and trends enable us to respond to and resolve various urgent matters and collective disputes in a timely and efficient manner and to guarantee the smooth operation of our clients. As experts in labor dispute resolution, we have successfully handled numerous labor disputes and conflicts arising out of enterprise bankruptcy.
Our services in this area include:
- ❖ Resolving labor disputes arising out of salaries, employee benefits, changes of position,work-related injury insurance and performance and termination of employment contracts
- ❖ Representing clients in labor arbitration and litigation
- ❖ Applying for enforcement of arbitral awards and court judgments
- ❖ Coordinating relationships between enterprises and labor administration departments
⚫ Drafting Employment Contracts and Company Bylaws
Our professional labor law team offers labor compliance advice to our clients and helps many enterprises draft employment contracts and company bylaws templates, thereby allowing the clients to mitigate and even avoid potential legal risks and other employment disputes as far as possible.
Our services in this area include:
- ❖ Legal services related to labor dispatch and service outsourcing
- ❖ Formulating and reviewing employee handbooks and company bylaws
- ❖ Drafting employment contracts
- ❖ Assisting in completing the formalities required for visas and work permits of foreign employees
- ❖ Drafting legal instruments related to the employment of dispatched and part-time workers
⚫ Designing Confidentiality and Non-compete Clauses
Watson & Band's professional team also advises clients on trade secrets protection and non-compete matters and assists in the drafting of confidentiality and non-compete clauses for maximum protection of the clients' interests.
Our services in this area include:
- ❖ Investigating and handling the enterprises' trade secrets protection and non-compete matters
- ❖ Drafting confidentiality agreements and non-compete clauses
- ❖ Handling disputes and lawsuits arising out of the confidentiality agreements and non-compete clauses
Watson & Band's team provides legal and practical labor and employment solutions for enterprise layoffs to mitigate their risks in a professional and efficient manner.
Our services in this area include:
- ❖ Signing and terminating collective employment contracts and handling collective layoffs
- ❖ Assisting in the design of layoff plans
- ❖ Performing labor and employment due diligence and HR planning for enterprises undergoing M&A, restructuring, reorganization, liquidation and bankruptcy proceedings
- ❖ Handling labor disputes related to layoffs
Family Law and Wealth Management
Watson & Band's professional team started early offering legal services for marital and inheritance matters, wealth planning and private trusts in China. We have since acquired significant influence and a strong reputation in Shanghai, accompanied by frequent media exposure. Our lawyers enjoy not only solid and profound theoretical expertise but also extensive practical experience. They are frequently invited by various Chinese and foreign banks, insurance companies and finance and wealth institutions to lecture on wealth management and preservation for high net worth clients. Our lawyers have also represented many such clients in various types of legal matters concerning private wealth.
Our services in this area mainly include:
- ⚫ Marital and inheritance matters
- ⚫ Private wealth planning
- ⚫ Private trusts
⚫ Marital and Inheritance Matters
Watson & Band started early providing special legal services on marital and family matters, and we have since gained significant influence and a strong reputation in Shanghai with frequent media exposure. The solid and profound theoretical expertise as well as rich practical experience enables us to provide clients with high-quality legal services.
Our services in this area include:
- ❖ Resolution of significant litigious disputes over marriage and inheritance matters
- ❖ Disputes over the partition of equity upon shareholder's divorce or equity inheritance dispute
- ❖ Divorce or inheritance litigation involving large fortunes
- ❖ Divorce or inheritance litigation involving foreign factors or complicated marital and family relationships
- ❖ Customized planning and design of prenuptial agreements, marital property agreements and divorce agreements for families and family businesses
- ❖ Designing, drafting and witnessing of documents relating to wills, legacies, gifts, entrustments and insurance etc.
- ❖ Will execution and inheritance management
- ❖ Succession planning for family businesses
- ❖ Foreign-related inheritances as well as inheritances related to Hong Kong, Macau and Taiwan
⚫ Private Wealth Planning
Watson & Band's professional private wealth management team is dedicated to providing litigation and non-litigation services to family businesses, celebrities and high net worth individuals, etc. In the area of private wealth legal risk management. By working closely with wealth management institutions such as banks, insurance companies, accounting firms, domestic and foreign trusts and immigration agencies, we offer individualized private wealth management and inheritance solutions as well as specialized legal services to family businesses. Watson & Band's lawyers provide highly efficient and reliable legal services and solutions from our clients' perspective, and have thereby won deep trust from them.
Our services in this area include:
- ❖ Wealth planning for families and family businesses
- ❖ Planning for the isolation of pre-marital property and marital property
- ❖ Personal preservation and risk isolation for high net worth individuals
- ❖ Prevention and resolution of criminal risks faced by enterprises and entrepreneurs
- ❖ Prevention and control of criminal risks in the operations and finance and taxation management of family businesses
- ❖ Health examinations of risks in corporate operations and management
- ❖ Planning for the isolation of enterprise assets and family property
- ❖ Will planning
- ❖ Insurance planning
- ❖ Integrated wealth management solutions for benevolent causes such as public welfare and charity
Watson & Band enjoyed an early start in the area of private trusts and has thereby gained rich practical experience in dealing with related legal problems. We provide our clients with comprehensive and professional legal services covering private trusts from the preliminary phase all the way to regulation and supervision upon dissolution.
Our services in this area include:
- ❖ Legal consultation in response to legal problems arising out of the establishment of trusts
- ❖ Conducting due diligence of parties involved in trusts
- ❖ Assisting trustors in the selection of appropriate trustees
- ❖ Managing and coaching the isolation of trust property
- ❖ Supervising the status of trust property
- ❖ Supervising the fulfillment of trust obligations by all trust parties
- ❖ Reporting and attending to unusual or suspicious circumstances
Trade, Customs and Taxation
Watson & Band's professional legal team enjoys a profound and comprehensive understanding of the legal systems relating to international trade. We utilize this expertise to offer full-scale international trade legal services to government institutions and private entities. Our lawyers are also tax experts with long-term practice experience who are able to assist you with trade disputes, trade remedy investigations, trade negotiations, customs issues, tax collection and payment issues and import/export transactions.
Our services in this area mainly include:
- ⚫ Customs issues
- ⚫ International trade
- ⚫ International logistics
- ⚫ Tax consultation and dispute resolution
Watson & Band's professional legal team has represented a multitude of overseas clients in customs issues and has provided customs law advice covering issues such as goods classification, country of origin, free trade zones and bonded area import/export control, etc. Our team is devoted to offering quality legal services to clients based on our legal expertise and extensive practical experience.
Our services in this area include:
- ❖ Providing consultations and onsite guidance on customs inspections to domestic and overseas clients
- ❖ Providing advisory opinions to domestic and overseas clients on customs clearance, goods classification and valuation issues
- ❖ Communicating with China's General Administration of Customs and local customs authorities on behalf of domestic and overseas clients
- ❖ Offering compliance advice on customs and import/export trade to enterprises
- ❖ Filing petitions for administrative review or administrative litigation over decisions issued by Chinese Customs on behalf of clients.
Watson & Band's experienced professional team provides all-around legal protection to its clients in international trade issues by detecting risks with sharp minds and properly resolving pending disputes.
Our services in this area include:
- ❖ Drafting, reviewing and revising international trade contracts and related legal instruments
- ❖ Handling contract disputes related to the international sales of goods and import/export transactions
- ❖ Handling disputes arising out of international trade settlement
- ❖ Providing legal services related to international trade finance
- ❖ WTO dispute resolution
- ❖ Responding to anti-dumping, anti-subsidy and safeguard measures investigations initiated by the Chinese government on behalf of overseas clients
- ❖ Responding to anti-dumping, anti-subsidy and safeguard measures investigations initiated by foreign governments on behalf of Chinese clients
⚫ International Logistics
Watson & Band lawyers are quite familiar with solutions to various legal problems in international logistics and have accumulated rich practical experience from representing a large number of domestic and overseas clients in international business. This intimate familiarity guarantees the provision of quality and professional legal services to our clients.
Our services in this area include:
- ❖ Helping clients resolve disputes arising out of marine cargo transport, international airline transport, railway transport, highway transport, combined transport and international and multimodal transport
- ❖ Representing clients to in handling compensation for damage to cargo
- ❖ Assisting clients in dealing with insurance problems in international logistics
⚫ Tax Consultation and Dispute Resolution
The solid theoretical foundation, profound practical experience, good communication with governmental authorities and quality services of Watson & Band's tax law team render Watson & Band a reliable partner with clients. We offer in-depth legal services covering both corporate and personal taxation.
Our services in this area include:
- ❖ Tax law consultation on domestic and overseas M&A and reorganization
- ❖ Tax law issues in overseas transactions by resident enterprises and individuals
- ❖ Chinese tax laws and taxation treaties related to cross-border transactions.
- ❖ Tax law issues related to daily business operations
- ❖ Personal income tax issues
- ❖ Value Added Tax (VAT) issues
- ❖ Tax auditing
- ❖ Representing clients in administrative appeals and litigation arising out of tax disputes
- ❖ Other tax services including taxation due diligence, declarations on indirect transfers of taxable assets located in China, etc.
Litigation and Dispute Resolution
Watson & Band's experienced and professional litigation and arbitration team is composed of senior attorneys, arbitrators, lawyers with judicial experience, and experts and professors in law and IP rights. Over the past few decades, Watson & Band has represented clients in a multitude of litigation and arbitration cases of material significance and representativeness. Many of these cases were resolved as landmark precedents in China and have become important references for local jurists. The cases include (but are not limited to) the first breach of contract case between two foreign parties over a sports sponsorship contract, as well as cross-border commercial litigation and arbitration cases involving both Chinese and overseas companies.
Our services in this area mainly include:
- ⚫ Civil & commercial litigation
- ⚫ Administrative litigation
- ⚫ Criminal litigation
- ⚫ Arbitration and Mediation
- ⚫ Enforcement
⚫ Civil & Commercial Litigation
Our professional civil & commercial litigation team provides clients with comprehensive dispute resolution services by offering constructive and actionable dispute avoidance schemes as well as tailor-made response strategies and litigation plans for individual cases. We engage in all stages of litigation including pre-trial investigation, application for evidence/property preservation, hearings, and application for enforcement to faithfully safeguard the reputation and interests of our clients.
Our services in this area include:
- ❖ Contract dispute litigation
- ❖ Corporate dispute litigation
- ❖ Litigation involving personal injury compensation disputes arising from torts, traffic accidents, medical malpractice, etc.
- ❖ Other types of civil and commercial cases at trial and on appeal as well as retrial
⚫ Administrative Litigation
Apart from general litigation practices, our professional legal teams have also accumulated rich experience in the field of administrative proceedings, and they provide clients with comprehensive and multifaceted legal services encompassing all stages of administrative proceedings.
Our services in this area include:
- ❖ Representing clients in filing applications for administrative reconsideration and initiating administrative litigation in respect of specific administrative acts undertaken by government agencies such as administrative penalties, administrative compulsory measures, administrative license and administrative omissions, etc.;
- ❖ Handling administrative litigation cases concerning real estate expropriation, real estate transactions, construction projects, intellectual property, environmental resources, anti-monopoly, customs and taxation, etc.;
- ❖ Representing clients in claiming state compensation for damages caused to the legitimate rights and interests of individuals, legal persons and other organizations due to the illegal exercise of power by state organs and their employees.
Our professional legal teams enjoy a firm grasp of criminal judicial trends in China. Our teams consist of lawyers with profound academic backgrounds, solid legal reasoning skills and rich hands-on experience. Many of them come from both Chinese and overseas legal education backgrounds and are qualified to practice in multiple legal jurisdictions including China and the United States, which enables them not only to provide premium local legal services in criminal litigation, defense and dispute resolution cases, but also to take part in international judicial developments to meet the needs of both Chinese and overseas clients.
Our services in this area include:
- ❖ Providing professional, constructive and practical legal opinions and response strategies to individuals, institutions and related parties involved in criminal cases;
- ❖ Offering solutions for entities or individuals conducting internal inspections; carrying out legal risk analysis and formulating risk prevention plans for clients;
- ❖ Providing legal consultancy services for the purpose of preventing or responding to all types of criminal cases;
- ❖ Acting as the defender of criminal suspects and defendants in judicial stages including criminal investigation, review and prosecution and trial;
- ❖ Representing victims in incidental civil actions in criminal proceedings;
- ❖ Representing clients in private prosecution cases.
⚫ Arbitration and Mediation
Watson & Band's teams of professional lawyers enjoy strong capabilities and abundant resources in the field of arbitration. Our lawyers are proficient in working in multi-lingual environments, and they have represented clients in arbitration cases under the auspices of both Chinese and international institutions in multiple jurisdictions including mainland China, Hong Kong and Singapore. Our lawyers are capable of meeting legal demands of both domestic and overseas clients with their sound theoretical and practical expertise.
Our services in this area include:
- ❖ Reviewing and drafting arbitration agreements;
- ❖ Assisting in drafting arbitration application documents and filing arbitration applications on behalf of clients;
- ❖ Assisting in collecting and sorting evidentiary documents related to arbitration cases;
- ❖ Providing legal solutions in response to the arbitration rules of different arbitration institutions;
- ❖ Representing clients in applying for the enforcement of arbitral awards
The professional legal teams of Watson & Band enjoy rich experience in selecting enforcement courts and exploiting enforcement procedures. By paying close attention to enforcement progress all the way from the filing of an enforcement application to the conclusion of enforcement procedures, we are able to efficiently protect clients' legitimate rights and interests and satisfy clients' legal needs.
Our services in this area include:
- ❖ Drafting and submitting enforcement application to court on behalf of clients;
- ❖ Representing clients in applying for the addition or change of persons subject to enforcement procedures;
- ❖ Assisting in investigating the financial condition and relevant information about persons subject to enforcement;
- ❖ Representing clients in applying with court for indirect enforcement measures
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Mon Oct 17 10:46:00 CST 2022
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Thu Apr 22 17:49:00 CST 2021
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Wed Aug 19 14:44:00 CST 2020
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Fri Feb 21 15:53:00 CST 2020
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Fri Feb 21 15:33:00 CST 2020
Watson & Band's investigation services include investigation and evidence collection in infringement cases and in corporate and other civil cases, as well as corporate information investigation, etc. With experience gained over a dozen years added to their profound practical legal background, Watson & Band's professional team formulates unique investigation plans based on client needs, carry out investigations as requested by clients, promptly report work progress and provide detailed investigation reports to clients afterwards.
Our services in this area mainly include:
- ⚫ Infringement investigations
- ⚫ Corporate credit investigations
⚫ Infringement Investigations
Watson & Band's professional team enjoys rich experience in investigations and evidence collection against infringing conduct. We tailor specific investigation plans for our clients in response to their needs for evidence collection in various litigation and non-litigation cases. Our lawyers remain updated on the investigations and adjust investigation plans as the circumstances may require. In this way, evidence proving the infringement can be obtained in an efficient, effective and comprehensive manner so that our clients can gain the upper hand in negotiations or even in litigation.
Our services in this area include:
- ❖ Notarized evidence preservation of suspected infringing products
- ❖ Notarized evidence preservation of offer for sale at trade fairs
- ❖ Notarized evidence preservation of employee fraud
- ❖ Notarization of prior use rights
- ❖ Monitoring of brand counterfeiting
⚫ Corporate Credit Investigations
Watson & Band's professional team learns facts of the case in the early stage of each case, develops complete, targeted and customized investigation plans, and prepares detailed post-investigation reports to facilitate our clients' comprehensive understanding of the target companies and to prepare to identify the target(s) of the subsequent enforcement actions and further evidence collection.
Our services in this area include:
- ❖ AIC investigations, including requests for and collection of both basic and detailed company AIC files
- ❖ Online investigations that collect various forms of evidence through online searches, to be used directly or as part of the evidentiary chain
- ❖ after careful analysis and screening
- ❖ Onsite investigations including investigations of a company's external environment, scale and production and operational conditions, etc.
- ❖ Credit reports including basic information, historical background, basic corporate constitution, investment conditions, organizational
- ❖ structure, financial statements, management personnel, operational status, business analysis, financial analysis and industry analysis, etc.
- ❖ Other reports on investigations of customs import/export records and corporate account information.
