H & Y has enjoyed an acknowledged position in the practice area of admiralty and maritime law. Our attorneys have represented an impressive range of clients including leading P&I Clubs, shipowners, insurance companies, shipyards, and other shipping institutions. H & Y has built long-term relationships cooperation with major international shipping law firms and other maritime agencies and institutions. Our advice and assistance rendered in this area cover carriage of goods by sea, bill of lading, charterparty, marine insurance, collision, fire and explosion, marine salvage, towage, wreck removal and recovery, general average, shipbuilding and repair, ship finance, ship sale & purchase, personal injury and crew claims and etc. Maritime lawyers at H & Y have professional background and technical skills either from maritime courts, international shipping companies, or as navigation/engineer officer, and all have graduated from well-known maritime universities and are able to offer quality, efficient and professional service to clients within the shipping industry They are fluent in Mandarin and English.
•International Trade and Customs
H&Y is experienced in providing international trade and customs-related legal services. The firm provides the following professional services relating to customs and international trade including import & export, international trade settlement and financing, factoring, cross-border carriage of goods by sea, export processing trade, compensation trade, bonded trade, agency and distribution, consignment, establishment of foreign trading companies, refunds of VAT for export products, trade preferences, rules of origin, letters of credit, bills of lading, safeguarding measures, customs compliance, customs surveillance, commodities inspection, licensing, and resolution of international trade disputes. It also represents Chinese enterprises in foreign countries and foreign enterprises in China in antidumping proceedings.
•Art,Media & Entertainment
H & Y regularly provides services in the areas of art, media, and entertainment. Its attorneys are experienced in advising clients in the industries of art shows, magazine publishing, advertising, motion picture production, television program production, musical performance events, entertainment performances, shows and exhibitions, printing, and theatrical lighting.
•Litigation & Arbitration
H&Y possesses a team of experienced litigators and maintains a strong practice in litigation and arbitration in Chinese and overseas courts and arbitration agencies, especially in the areas of international trade, intellectual property, bank loans, real estate development, and carriage of goods by sea. Its have handled many high profile litigations in the Chinese courts. H&Y is active in assisting international and domestic clients in the enforcement of domestic and foreign judgments or arbitration awards. H&Y has represented Chinese clients in legal proceedings overseas and successfully collected debts for our clients.
•Banking
Banking is one of H & Y’s key practice areas. The firm advises many of the major banks and financial institutions. It has handled a variety of banking transactions with both domestic and foreign banks. H & Y is particularly recognized for its expertise in providing legal services in loans, guarantees, mortgages, settlement, collections, reorganization and liquidation, and document drafting. The firm has also advised foreign banks on their China businesses and corporate borrowers on their banking and related transactions in China. It has significant experience in handling international and domestic syndicated loans and large-scale project financing.
•Real Estate and Construction
Real estate development, and construction, related matters is a core practice area of H&Y. The Firm provides domestic and international clients with a broad range of legal services relating to industrial, commercial, and residential real estate development, financing, construction, sales, assignment, leases, mortgage, and property management, such as preparing project proposal, feasibility study report, land use right grant contract, bidding documentation, construction contract, mortgage agreement, building sales contract, property management convention; obtaining zoning certificate, construction land use license, title; handling loans mortgaged with land use right or construction project; participating in complex development and construction negotiations; attesting to the signing of various contracts and agreements; handling construction disputes through litigation or arbitration. We have also participated in many infrastructure projects including logistic parks, drinking water plant, waste treatment projects, industrial development zones, and highways.
•Bankruptcy
The firm is unique in its development of a bankruptcy practice in the PRC and in particular its representation of PRC companies which find themselves involved in bankruptcy matters in the United States and other foreign countries. It has been actively involved in major bankruptcies in the United States and with creditors and debtors around the world. The firm has also worked effectively to structure a variety of workouts between debtors and creditors thereby avoiding expensive litigation in the bankruptcy courts.
The firm has experience in negotiating and documenting bankruptcy plans of reorganization and the members of its bankruptcy law team are technically adept at understanding the applicable legal issues and are business savy in guiding their clients to practical solutions.
The firm is associated with counsel qualified to handle bankruptcy matters in foreign countries, especially in the United States where it is involved in a board range of bankruptcy, maritime and other litigation involving PRC companies.
•Restructuring, Reorganization, Mergers and Acquisitions
China’s accession to the World Trade Organization, has resulted in large scale restructuring, reorganization, merger, and acquisition of Chinese enterprises. The restructuring and reorganization of the state-owned enterprises and collectively-owned enterprises a variety of complicated legal issues. H&Y can provides innovative legal solutions such as management buy-out, employee stock participations, stock option plans, stock or asset transfers and exchanges, spin-offs of bad assets, joint ventures and strategic alliances. The continuous mergers and acquisitions of with other domestic enterprises is creating a steady stream domestic enterprises and between or among domestic enterprises and foreign companies will supply infinite vitality and development space for Chinese enterprises. We are able to offer both domestic and international clients a full range of merger and acquisition legal services such as financing arrangement, due diligence, contract drafting, negotiation participation, closing, and post-closing compliance.
•Franchising
H & Y offers professional advice to a wide range of franchising clients worldwide. It assists its clients in achieving the optimized franchising operation strategy by integrating legal, tax, and business advice. H&Y undertakes due diligence investigations and appraisals of the franchisees. It supports its clients in the registration with relevant authorities, and the obtaining of necessary permits and licenses as well as observing for the client on an on going basis the regulatory requirements of the client. The firm’s excellence in drafting bilingual documents has guaranteed the business development of international franchising operators throughout China. It’s experienced in franchising allows the clients to overcome the legal and cultural barriers often confronted by international clients while developing its franchising business in China.
•Securities and Corporate Finance
H&Y has served as legal counsel to many publicly traded companies across China. Our attorneys have participated in numerous public offerings, stock repurchases, corporate stock transfers, shell listings, mergers and acquisition and issuances of bonds, convertible instruments, and redeemable preferred shares. The firm has with respect to the listing of many companies on overseas stock exchanges. It is active in assisting hi-tech and emerging growth companies in their potential listings in the various “Second Board” stock markets. The firm emphasizes private placements for small-to-medium sized companies, which usually have particular financing needs as they expand. It provides advice to investment banks, funds, insurance companies, financial leasing companies, and other financial institutions.
•Foreign Direct Investment
Foreign direct investment in China is one of the most important practices H & Y. The firm is experienced in advising international clients on establishing joint ventures, wholly foreign-owned enterprises, investment holding companies, venture capital startups, sales and distribution companies, trading companies, bonded warehouses, and representative offices in the PRC. We help our clients exit smoothly from their investment projects, either through equity or asset transfers or through liquidation. The firm also assists international clients in acquisitions and mergers in China, including due diligence, document drafting, negotiations, legal opinions, and closing.. Labor and employment laws and policies are becoming increasingly important and tend to differ in different locations. China’s tax regime for foreign-invested enterprises is also evolving rapidly. The guidance of an experienced Chinese law firm is crucial to the successful penetration of, and the long-term growth in, the Chinese market by foreign investors
•Trade Dispute Resolution
H & Y has a strong team of attorneys in the trade remedy area. Its this area cover issues relating to unfair competition, anti-dumping, representing domestic enterprises in preparation and collection of investigation-based documents, drafting and submitting the petitions, , participating in negotiations concerning price undertakings and review,(comma) responding to anti-dumping investigations launched in China; representing Chinese enterprises in responding to anti-dumping investigations launched by other countries (US, EU, Canada)
•Intellectual Property Rights
H & Y is at the forefront of providing innovative and practical legal services relating intellectual property rights. The firm’s attorneys are recognized for their expertise in handling internet-related legal matters. We serve a large clientele of high-tech and e-commerce startups and growth companies spreading across the areas of information technology, telecommunications, bio-gene and biomedical, materials, electronics, semiconductor, software, multimedia. Our attorneys are also experienced in assisting multinational companies in registering their trademarks, patents, integrated circuit layout designs and domain names in China H&Y attorneys have assisted on variety of technology and know-how licensing and transfer project for a number of multinational and domestic corporations. Our affiliated office in Silicon Valley, California is uniquely positioned to provide quality legal services to our clients worldwide in this respect. H&Y, through this affilation, has the ability to apply directly for patent, trademark, and copyright registrations in the U.S. for its Chinese clients. H&Y conducts intellectual property due diligence and issues legal opinions to facilitate the export of Chinese products to the U.S. market.
27F,China Merchants Tower 161 Lujiazui East Road, Shanghai, 200120 P.R. China Tel:(8621)58767828 Fax:(8621)58871810