English version translated by XU Xinyuan (Wayne)

After nearly a month of preparation and an intense eight-hour on-site speech competition, the results of the selection for the LANDING’s “Top 10 Outstanding Cases” and “Top 10 Classic Cases” of 2023 have been freshly released.

Centered around Landing’s core guideline of “absolute professionalism”, the selection of 2023 outstanding and classic cases aims to set benchmarks in professionalism, to promote communication and cooperation, to consolidate brand power, and to showcase the charm of LANDING lawyers. The intrinsic drive for professionalism has stirred the entire law firm, with partners and independent lawyers actively participating. The participating lawyers span across different age groups, ranging from 1960s to 1990s.

In this article, we will show the case brief of LANDING’s top 10 classic cases of 2023, and please stay tuned for the details of the cases to be released later.

Series cases of divorce dispute between DU and YE

ADVOCATES:

The ifamilaw team and LI Xiaoxia team of LANDING Nanchang

Case brief:

This complex divorce litigation series involve multiple child custody disputes, the recognition of 70 million yuan of joint marital debts, and the recovery of hundreds of millions of yuan from the “mistress”. The lawyer team filed 6 lawsuits in 7 different courts in 4 provinces and the whole litigation lasted for 3 years. Landing lawyers ultimately helped the client achieve all their demands.

Specialized legal service of due diligence for an intelligent technology company in Shanghai

ADVOCATES:

YE Juan, CHEN Zhiyan

Case brief:

The due diligence of intelligent industry projects in the pre-investment phase does not require a comprehensive review of surface details, but rather a focus on key information such as data, algorithms, intellectual property, shareholder rights, etc. From a perspective of “professionalism + industry,” it aims to identify significant risks and prevent major decision-making errors for investors.

Divorce Dispute between Taiwanese-American WENG and WANG

ADVOCATES:

The ifamilaw team

Case brief:

Regarding this divorce case involving a Taiwanese American citizen, LANDING team skillfully utilized the jurisdictions of both Taiwan and mainland China. By initiating litigation in both regions, they obtained a court order from mainland China to collect evidence from a bank in Taiwan, pioneering civil cooperation between mainland court and Taiwan court and overcoming judicial challenges in foreign-related cases.

Administrative Review of a Listed Company Against Customs Classification Decision

ADVOCATES:

DU Daocun

Case brief:

The company may be faced with penalties by the Customs due to Classification disputes. LANDING lawyer made in-depth analysis of the reasonableness of the enterprise categorization, and proposed reasoned arguments in the administrative review process, so that the company was ultimately exempted from penalties, removing the obstacles for the listing of the company.

The case of WANG suspected of buying and selling official documents

ADVOCATES:

PU Tian, ZHU Yan

Case brief:

Based on internal regulations, the prosecution intended to impose an upgraded statutory sentence of 3 years of imprisonment on the client. LANDING lawyers, as defense counsel, firmly asserted that the internal regulations should not be applicable. Consequently, the client, who had been detained for 9 months, was ultimately granted probation.

The minority shareholder ZH's claim of right successfully reversed the false lawsuit

ADVOCATES:

CHEN Xinmei’s team

Case brief:

The company’s assets were auctioned off due to execution. With acute insight, LANDING lawyer discovered the false litigation and sought an appeal to the prosecution on behalf of the minority shareholder, successfully initiating a retrial and overturning the execution. Despite the immense difficulty at every step, LANDING lawyer remained steadfast in upholding moral and professional principles.

Case of exercising the right of revocation on the agreement regarding the division of marital property

ADVOCATES:

WU Bin’s team

Case brief:

The case was related to a property division agreement involving family affection between spouses and siblings. The client failed in the first instance and there was no way to turn for help. LANDING lawyer reviewed bank statements for over a decade, visualized new evidence for the second instance, and succeeded in overturning the judgment, thus recovering several million yuan for the client.

Arbitration of Dispute between Waters and Guangzhou Baiyunshan Pharmaceutical Co. Ltd on Sale and Purchase Contract of International Goods

ADVOCATES:

ZHANG Bing’s team

Case brief:

Does a Chinese company have the right to claim payment for the goods when its international contractual party fell victim to international fraud resulting in erroneous payment of goods? The case falls under the jurisdiction of China International Economic and Trade Arbitration Commission (CIETAC), with Hong Kong law applicable. LANDING lawyers appeared in court and cited Hong Kong precedents. Their extensive experience in foreign-related litigation ultimately led to a winning arbitral award.

The case of WANG suspected of assaulting a police officer resulted in a verdict of not guilty

ADVOCATES:

LIU Zheng

Case brief:

A National People’s Congress director misbehaved when singing karaoke, leading to the accusation of assaulting a police officer by the local police. LANDING lawyer adhered to the law, remained resolute, resisted pressure, and communicated with the prosecution for over 8 times, ultimately obtaining a verdict of not guilty.

A medical service contract dispute between YU, XU, and a gynecological hospital in Shanghai

ADVOCATES:

ZHANG Jinhua

Case brief:

Regarding the right to retrieve frozen embryos, there are currently no specific legal provisions applicable in China, and the relevant precedents are also rare. In this case, LANDING lawyer ingeniously utilized pre-litigation negotiations, in-litigation mediation, and post-litigation enforcement, thereby establishing a successful case of retrieving frozen embryos through litigatio