September 2009
笢恅唳 |  English
Buzz

Yingli Green Energy, a leading manufacturer of photovoltaic systems in China, appointed Zhuo Arthur Chen, as its legal counsel.  Chen was formerly with Fried Frank in Hong Kong.

Orrick, Herrington & Sutcliffe appointed partner Tom Tobiason to its Shanghai office.  Tobiason has represented emerging growth and technology companies, venture capitalists and investment banks in the US and Asia.  He will lead the firm's US-China and Asia-wide emerging companies practice.

Clifford Chance and Linklaters assisted China Construction Bank's (CCB) acquisition of AIG Finance, the consumer finance operations of the AIG group in Hong Kong.  CCB will acquire the outstanding shares of AIG Finance for US$70m and will significantly increase its consumer finance business in Hong Kong.  The deal is subject to regulatory approval.

Freshfields Bruckhaus Deringer is advising Sinochem on a proposed US$877 million cash acquisition by Sinochem Resources UK Limited of Emerald Energy Plc, a UK-based FTSE-250 oil and gas explorer and producer in South America and the Middle East.

Paul, Hastings, Janofsky & Walker advised Hong Kong-listed CIMC Enric on the expansion of its business as a result of acquisitions in China and Europe.  Enric has become one of the largest international transportation, storage and processing equipment manufacturers and service providers as a result of the acquisitions, completed in August 2009 and valued at US$543 million.

Slaughter and May advised Swire Pacific Limited in its purchase of about 78 million shares in Cathay Pacific from CITIC Pacific Limited for about US$130 million.  Swire*s stake in Cathay Pacific will increase from about 40 percent to 42 percent.  At the same time, Freshfields Bruckhaus Deringer advised Air China in its purchase of over 491 million Cathay Pacific shares from CITIC.  The US$825 million acquisition of an additional 12.5 percent stake in Cathay Pacific will raise Air China*s stake to about 30 percent of Cathay Pacific.

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Voice

1949  1979  2009

Anniversaries are on our mind. 

Chinese citizens prepare to celebrate the 60th anniversary of the founding of the PRC.  Members of the legal profession may take note of the 30th anniversary of restoration of the lawyer system in China.  We at LawInnSight begin our 3rd year of publication with this edition. 

Anniversaries are a time to look back〞to reflect, to consider the progress.  Readers may be interested to reflect on these milestones in the development of legal services in China.

  • 1979 
    • Ministry of Justice (MOJ) reconstructed; lawyer system restored 
    • Coudert Brothers establish office in Beijing〞the first foreign law firm establishing resident office in mainland China 
  • 1980 
    • Provisional Regulations on Lawyers〞the first law to regulate the legal profession and lawyer organizations; lawyers are called, "state legal workers"
  • 1981
    • Paul, Weiss, Rifkind, Wharton & Garrison launch Beijing office; among the first foreign firms gaining licenses to practice in China
  • 1983
    • Shekou Law Firm〞the first law firm in mainland China〞founded in Shenzhen
  • 1984
    • 2,773 legal consulting offices and 10,262 lawyers in China
  • 1985
    • Following the lead of Shenzhen, other cities begin to change "legal consulting offices" into "law firms"
  • 1986
    • All China Lawyers Association (ACLA) founded
    • First nationwide uniform examination for the qualification of a lawyer held
  • 1988
    • Cooperative law firms become the main law firm organizational structure
    • First partnership law firm〞Duan, Wu & Liu Law Firm〞established in Shenzhen 
  • 1989
    • First individual law firm〞Li Quanlu Law Firm〞founded in Shenzhen
    • Jun He Law Offices founded; one of the first partnership law firms
  • 1992 
    • MOJ permits first group of 12 foreign law firms to maintain representative offices in the PRC
  • 1993
    • Increasing numbers of cooperative firms change to the partnership model
    • Jun He opens a New York office〞the first Chinese law firm establishing a branch office abroad
    • King & Wood, Fangda, Zhonglun founded; among the first partnership law firms
    • First group of 35 law firms and 120 lawyers licensed under new Securities Lawyer/Firm qualification
  • 1994
    • 6,419 law firms and 83,619 licensed lawyers in China
  • 1996
    • Lawyers Law adopted by the Standing Committee of the National People*s Congress〞definitive landmark regulation; changed definition of a lawyer from ※state legal worker§ to ※a professional who legal obtains a Lawyer*s Certificate;§ set forth qualifications for practicing law; stipulated a variety of organizational forms for law offices; outlined a lawyer*s professional capacity, rights and duties
  • 1997
    • Lawyers Law effective from January 1
    • Shanghai Wanbang Law Firm〞Shanghai*s first partnership law firm established
  • 1999
    • AllBright Law Offices, a merger of three law firms in Shanghai, founded; one of the largest mergers among the law firms in China
  • 2000
    • After 12 lawyer qualification examinations, 140,000 obtained qualification certificates of 1 million who took the exam
  • 2002
    • Annual National Judicial Examination replaces Lawyer Qualification Examination; 360,000 people take the exam
  • 2007
    • Representative offices of 177 foreign law firms and 61 Hong Kong law firms pass the annual MOJ review and permitted to provide legal services
    • King & Wood the largest law firm in China with 12 offices
  • 2008
    • Amended PRC Lawyers Law implemented
    • King & Wood awarded ※World*s 70 Leading Law Firm§ 〞the only Chinese firm selected
    • 14,467 law firms and 156,710 lawyers by the end of 2008
  • 2009
    • Dacheng Law Offices replaces King & Wood becoming the largest law firm in China
    • 420,000 take the National Judicial Examination

As we reflect here at LawInnSight, we see domestic law firms moving up, improving quality, expanding scope of service.  We see young Chinese lawyers, many with limited years of practice, successfully handling sophisticated projects; their career advantage〞few senior lawyers ahead to take the work; their disadvantage〞too few senior lawyers to mentor and mature them.  Overall, we see expanding opportunities for members of the legal profession in China.

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Fun

A doctor and a lawyer were at a cocktail party.  A man approached the doctor and asked advice on how to handle his stomach ulcer.

The doctor quickly muttered some medical advice and turned to the lawyer.  "What do you do when you're asked for advice during a social function?"

"Just send a bill for your advice," replied the lawyer.

The next morning the doctor arrived at his work and sent a $50 bill to the ulcer-stricken man. That afternoon he received a $100 bill from the lawyer.

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Vacancies

The 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:

Legal Director 每 Shanghai 每 Ref: LPC10002
This is a large professional pharmaceutical group, mainly in medicine research and manufacturing, with leading market share in medicine distribution, diagnostic products and medical equipment. Currently, it is looking for a Legal Director to be located in Shanghai. Contact Angel Xin at (021) 6249-2300 or email.

Legal Counsel - Shanghai 每 Ref: LPC10001
This is a large professional pharmaceutical group, mainly in medicine research and manufacturing, with leading market share in medicine distribution, diagnostic products and medical equipment. Currently, it is looking for a Legal Counsel (3+ practice) to be located in Shanghai. Contact Angel Xin at (021) 6249-2300 or email.

Senior Associate (Real Estate) 每 Beijing 每 Ref: LPF02823
This is a reputable international law firm. It provides a wide range of legal services organized around several global practice groups.  Currently, the firm's Real Estate group is seeking a RE lawyer to join its Beijing office.  Contact Ally Zhang at (010) 5100-0696 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 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.

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

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