Who Can Initiate a Shareholder Derivative Suit? Application of the “Clean Hands Doctrine” in a 700 Million Case
Principle of Good FaithInterest in LitigationClean Hands DoctrineShareholder Derivative Suit
In the field of commercial dispute resolution, a shareholder derivative suit is a vital legal remedy granted to shareholders to safeguard the interests of a company. However, in the complex practice of corporate governance, shareholders ...
Zhenghan Law Firm, After Seven-Year Rights Defense, Obtains Supreme Court Support, Setting a Precedent for Enforcement Objection Litigation in Cases of “No Written Distribution Plan”
Retrial by the Supreme People's CourtTurning Defeat into VictoryObjection Lawsuit Regarding Enforcement Distribution PlanProcedural JusticeCase Remanded for RetrialPriority Creditor Protection
Zhenghan Law Firm represented Bank A in a seven-year rights protection campaign against the enforcement court’s unauthorized distribution of case funds without preparing a written distribution plan during the enforcement distributi...
Second-instance reversal: Zhenghan Law Firm, litigating away from home, recovers hundreds of millions in investments from a local government investment platform.
Case Involving Over 100 Million YuanTurning Defeat into VictoryConstruction EngineeringInvalid ContractState-owned Enterprise DisputeRecovery of Investment Funds
This case involves a complex real estate cooperative development dispute concerning a local government resettlement housing project, with the core controversy focusing on the calculation of losses after the contract was deemed invalid. T...
Second-instance victory against all odds: Zhenghan Law Firm assists in overturning the finding of equity “nominee holding” in a family enterprise.
Turning Defeat into VictoryShareholder Qualification ConfirmationEquity Nominee HoldingFamily Enterprise
Recently, in a shareholder qualification confirmation lawsuit heard on second instance by the Shenzhen Intermediate People’s Court, represented by the Guangzhou Office of Zhenghan Law Firm, the first-instance judgment was reversed,...
Zhenghan Law Firm Represented Valuation Adjustment Mechanism (VAM) Buyback Dispute Selected as Shanghai Court Excellence Case
Valuation Adjustment Mechanism (VAM)Equity Buyback Right
In a VAM transaction, if an investor has not fully contributed capital, do they have the right to demand that the founding shareholders repurchase the equity based on the VAM clauses? In practice, there are few reference cases for such s...
If a Letter of Guarantee stipulates “unconditional payment,” must the bank pay?
Independent Guarantee
Representing a large commercial bank in an arbitration case involving claims of millions under a performance guarantee, Zhenghan Law Firm successfully argued that the guarantee in question did not constitute an independent “demand ...
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Validity of Meeting MinutesAdministrative CompensationAdministrative PromiseReliance InterestGovernment-Related Cases
Against the macro backdrop of urbanization and rapid economic and social development, planning adjustments and project construction carried out for public interests often give rise to complex interest games between governments and market...
Turning Defeat into Victory: Revealing How Zhenghan Law Firm Reversed the Determination of “Equity in Name but Debt in Substance” in Private Equity Fund Investment (with Search Report Attached)
Second-Instance Judgment ReversalEquity in Name but Debt in SubstanceTurning Defeat into Victory
Last year, Zhenghan Law Firm released a brief news item — “The Firm Won a Second-Instance Reversal at a High People’s Court in a Private Equity Fund Exit Dispute”. The second-instance judgment of this case successfully ...
Turning Defeat into Victory: Zhenghan Law Firm Breaks the “Rashomon” in an 8-Year Dispute Over a 100-Million-Yuan Villa
Criminal Risk ResolutionHouse Sale DisputesCivil-Criminal IntersectionRetrial by the Supreme People's Court
Recently, the “100-Million-Yuan Villa Sales Contract Case” represented by Zhenghan Law Firm Law Firm has come to a conclusion. The Supreme People’s Court ruled in a retrial to dismiss all the opposing party’s appl...
Dispute over the Transfer of Equity in a Commercial Bank Valued at Over 12 Billion Yuan | Supreme People’s Court: Transfer of More Than 5% of Equity in a Commercial Bank Without Prior Approval Is Ineffective, and Splitting to Avoid Approval Is Not Allowed
Retrial by the Supreme People's CourtTurning Defeat into Victory
Recently, the Supreme People’s Court issued the Civil Ruling ((2024) Supreme Court Civil Application No. 2152), ruling to dismiss Zhongjing’s application for retrial. With this, the nearly four-year-long dispute over the equi...
