August 2009
笢恅唳 |  English
Buzz

Baker & McKenzie announced its plan to cut back 11% of its fee earners, together with a matching number of support staff, across its Hong Kong, Beijing and Shanghai offices.  The firm is the first major international law firm to be open about its layoffs in China offices.  An 11% cut means around 30 fee earners will lose their jobs.  Many of these are expected to be at entry level.  The firm also announced five new partner appointments in China: Joseph Deng in Shanghai, Barbara Li and Scott Palmer in Beijing, and Eugene Lim and Jennifer Van Dale in Hong Kong.  Deng and Van Dale both have a focus on labor and employment law issues, Li on construction and infrastructure projects, Palmer on IP, and Lim on customs, indirect tax, and international trade matters.

Clare Lu joined Llinks Law Offices, Shanghai, as partner leading the firm*s tax group.  Lu has ten years experience in tax advisory work.  She is a member of the Chinese Institute of Certified Public Accountants and the Chinese Certified Tax Agents Association.  Currently, Lu serves as vice-chairman of Finance and Taxation Committee of Shanghai Bar Association.

Lovells appointed former Linklaters counsel Vincent Sum to its finance practice citing an upturn in structured products and derivatives activity across the region.  Sum joins as a consultant in the firm's Hong Kong office where he will service local and international finance clients across Hong Kong, China and Tokyo.

Freshfields Bruckhaus Deringer advised MAN on its acquisition of a 25 percent stake in China*s largest manufacturer of heavy trucks, Sinotruk.  Valued at approx. US$795m, the deal enables a long-term strategic cooperation between the two market leaders to develop and produce heavy trucks in China that are geared to the needs of emerging markets, and for MAN to license certain technology to Sinotruk.

Jones Day advised clean energy company Amber Energy Limited in respect of its public offering and share placing on the HKSE.  DLA Piper acted as legal counsel to Piper Jaffray Asia Securities Limited, the sole bookrunner, sponsor and lead manager to the offering and placement.  Amber's offer of 100 million shares at HK$1.66 (approx US$0.21) per share was 1,247 times over-subscribed, with the IPO receiving total application money exceeding HK$17 billion (approx US$2.19b), making it the fourth-largest over-subscribed IPO in the history of the HKSE.

O'Melveny & Myers LLP represented the sole bookrunning manager Piper Jaffray & Co in respect of the US IPO of Duoyuan Global Water Inc, the Beijing-based leading domestic water treatment equipment supplier.  The offering, valued at US$101.2 million, consisted of more than 6 million American Depositary Shares at US$16 per share.

Orrick Herrington & Sutcliffe LLP represented the fastest-growing Chinese sportswear company, 361 Degrees International Ltd, in connection with its HK$1.8 billion (US$233m) listing on the HKSE. The global IPO, including a U.S. Rule 144A placement, represents the second-largest Hong Kong IPO this year. 361∼'s products are currently sold in more than 5,900 authorized retail outlets across China.

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Voice

Unpaid leave 每 an unexpected bonus?

The financial crisis in 2008 hit law firms hard.  Firms worldwide responded by laying off lawyers and support staff.  Law firms in China are not immune.  In the May 2009 LawInnSight we tracked downsizing and layoffs by 13 law firms in China. 

Layoffs have costs and negative repercussions.  These include costly severance and outplacement expense, lost talent, alienating potential future hires, among others.  To avoid layoff costs many firms in China are using selective "soft layoffs" or "stealth layoffs" instead of typical layoffs. 

"Soft layoff" describes a variety of measures used to shed workers without need to pay severance. These actions include unpaid leave, salary freezes, salary cuts, benefit cuts, bonus cuts, four-day weeks, non-renewal of employment notices, and job sharing.

The LawInn research team gathered information tracking soft layoffs by 10 foreign and domestic law firms in Shanghai and Beijing from April '09 to July '09.  **See notes below for research methodology.  The firms are〞Baker & McKenzie, Clifford Chance, Commerce & Finance, Eversheds, Freshfields, Haiwen, Jun He, King & Wood, Mayer Brown and Zhonglun. 

Most of the firms initiated salary freezes.  The second most frequently used measure was pay cuts.  Baker & McKenzie, Mayer Brown, Commerce & Finance, Jun He and Zhonglun did this.  Many law firms〞such as Baker & McKenzie, Clifford Chance, Freshfields, Haiwen and Jun He〞offered staff the option of taking voluntary unpaid leave or working shorter hours.  Some cut benefits, like Eversheds.  Some firms are sending non-renewal of contract notices. 

Among all the schemes, unpaid leave and shorter work hours are popular ways for firms to save costs.  For lawyers affected by unpaid leave and shorter hours, it's not necessarily a nightmare.  Freed up time may be profitably used for off-the-job activities.  Lawyers can gain career advantage and personal satisfaction from these activities that may be missing during boom times.

Networking  

Career counselors routinely emphasize the value for lawyers to build a network of diverse people.  A downturn creates more time for lawyers to take part in social activities.  Different organizations grab the chance to hold parties.  Networking websites such as LinkedIn, Facebook, and Kaixin001 provide platforms to share information and keep social relationships.  Boom times may provide more income; down turns mean more relaxation, a chance to adjust your life rhythm, an opportunity to enjoy life.  And, you may find your future clients.

Training

Free time offers lawyers the opportunity to upgrade skills.  Legal education programs and short-time vocational trainings should be explored.  Lawyers succeed on their personal assets.  A downturn is a chance to build personal assets〞to be ready to make a splash when busy times come again.

Many organizations in Shanghai offer professional training 每 SynXpace, for one.  SynXpace offers a range of communication training and leadership development programs for Chinese and foreign professionals.  Programs are adapted to the market and needs of participants in terms of cultural and organizational communication.

Pro bono & volunteer work

It's reported that many of the firms in the US/UK are encouraging their lawyers affected by unpaid leave policies to find work in non-profits and charities.  Lawyers, especially junior 每 middle level ones, who are main targets for soft layoffs, are encouraged to get involved in pro bono and volunteer work.  The experience can help them acquire skills they would not normally have until much later in their careers. They gain experience they would not get from working in a regular practice group.  

Numerous citizens wanting to contribute to Expo 2010 are applying for the Expo volunteer program.  Lawyers who share the same enthusiasm, please e-mail charyouexpovol@expovolunteer.online.sh.cn to learn more about the volunteer program.  (Website of Volunteer of Expo 2010 Shanghai China: www.expo2010volunteer.cn)

**Notes on research methodology 每 Information does not come directly from employers.  Data was collected from press reports and human contacts.  The precise number may vary from what we recorded.  If you know any mistakes, please let us know.

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Fun

A housewife, an accountant and a lawyer were asked, "How much is 2 + 2?"

The housewife replies: "Four!"

The accountant said, "I think it's either 3 or 4.  Let me run those figures through my spreadsheet one more time."

The lawyer pulls the drapes, dims the lights and asks in a hushed voice, "How much do you want it to be?"

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Vacancies

LawInn team is constantly working to bring you the best choice of legal opportunities in China. Below is a small selection of the positions we are currently handling:

Senior Associate / Junior Partner (Corporate) - Shanghai 每 Ref: LPF09601
This is a prominent UK law firm with strong presence in Asia. The firm mainly focuses on corporate, shipping, maritime and capital market practice. Currently, the firm is looking for a Senior Associate / Junior Partner to join its Shanghai office. Contact Angel Xin at (021) 6249-2300 or email.

Senior Associate 每 Shipping / Maritime 每 Shanghai 每 Ref: LPF02822
This is a well-known international law firm with an extensive range of legal services organized around several global practice groups. The firm's maritime team is seeking a senior shipping lawyer to join its Shanghai office. Contact Angel Xin at (021) 6249-2300 or email.

Employment Lawyer 每 Shanghai 每 Ref: LPF048T1
This is a well-known law firm that is strategically aligned with an international law firm with a network of more than ten offices in the United States and Europe. Currently, it is seeking an Employment Lawyer to join its Shanghai office. Contact Jolie Hu at (021) 6249-2300 or email.

Legal Counsel 每 Suzhou 每 Ref: LPC09801
This is one of Asia*s largest industrial and logistics infrastructure providers. The company is present in more than 15 cities across China, developing and managing more than 60 logistics parks. Currently, it is seeking a suitably experienced lawyer to serve in the company*s JV located in Suzhou. Contact Jolie Hu at (021) 6249-2300 or email.

Associate (Corporate) 每 Shanghai 每 Ref: LPF04827
This is a prominent Shanghai-based law firm licensed in PRC that has entered into a strategic alliance with an international law firm. Currently, it is looking for Corporate Lawyer to join its Shanghai office. Contact Jolie Hu at (021) 6249-2300 or email.

For more positions, please click http://www.lawinn.net/service2.asp

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