Analysis will help Chinese companies understand corporate lawsuits
BEIJING, Nov. 15, 2010 /PRNewswire-Asia/ -- The global law firm Jones Day announced today that partner Victor Chang has written a book entitled Things Your Lawyer Won’t Tell You II – Lawsuit Dispute: Complete Strategy to Prevail. The book is for both companies and individuals and outlines the legal risks facing all entities in China and ways to avoid ending up in court. It reviews the steps necessary to negotiate a settlement, conduct an arbitration and estimate litigation costs. It also defines the different types of litigation such as non-litigation matters, civil, criminal and administrative litigation.
"Litigation in China is on the rise and the legal system can be confusing, even for domestic companies," said John Kao, Partner in charge of Jones Day Beijing. "This book explains in a very practical way how companies can prepare for and try to avoid costly and time-consuming litigation in China."
The number of lawsuits filed in China each year is on the rise. In 2008, Chinese courts handled more than 20,000 intellectual property cases alone, up 40% from 2007. While legal costs are lower in China than in the West and many cases can be wrapped up in several months, the costs can add up. While Chinese courts encourage arbitration and mediation over litigation, more often cases are going to court. Another complication is the complexity of the Chinese court system as the judicial system is not independent and decisions at one level are not always binding at another.
"Litigation is like war and should be avoided at all costs with the first choice being a peaceful solution – but that doesn’t always happen," said Victor Chang. "Companies today need to be prepared and part of that preparation is ensuring you have a good management system that encourages two-way communication, which can help companies minimize 'war' and unnecessary litigation."
The book includes four major parts:
Part 1: Do you really need to fight litigation?
Part 2: Preparing before litigation
Part 3: How to get help from a lawyer
Part 4: 10 key points to win or lose the lawsuit
The book will be published by Peking University Press and is available in China now. It is in Mandarin. Victor is a partner based in Taipei and Beijing.
About the Author
Victor Chang has more than 20 years of experience in complex litigation, white-collar criminal defense, corporate control fights, and construction and IP disputes. He provides domestic and foreign clients with effective legal strategies and practical solutions. In the early stages of disputes, Victor seeks to offer alternative approaches to minimize the risk of litigation; however, when litigation becomes inevitable, Victor formulates solid strategic planning tailored to his clients' specific needs. He is particularly known for helping clients turn disadvantageous positions into more favorable ones, in order to tactfully guide disputes to an amicable resolution.
He has earned law degrees in the United States, Taiwan, and China. He has been recognized as a leading lawyer in current editions of Asia Pacific Legal 500 (for dispute resolution) and Chambers Asia (for dispute/IP).
About Jones Day
Jones Day is a global law firm with more than 2,500 lawyers, including over 400 in Europe and 200 in Asia, located in 32 centers of business and finance throughout the world. Ranked among the world's best and most integrated law firms, and perennially ranked among the best in client service, Jones Day acts as principal outside counsel to, or provides significant legal representation for, more than half of the Fortune Global 500 companies.
The Jones Day antitrust practice handles mergers & acquisitions, government investigations, civil & criminal litigation and everyday counseling for multinational corporations and innovative small companies around the world. The practice consistently is ranked as one of the top competition law practices in surveys of inside counsel and legal directories. The team consists of more than 150 lawyers located in 22 business centers, including in both Beijing and Shanghai.