Jian Zhang
ShanghaiSenior Partner
Profile
Lawyer Zhang Jian, a former senior national judge (1995-2006), was appointed to the judicial state organ in 1995. He has long been engaged in the judicial practice of company disputes and civil and commercial disputes. Since 2007, he has been working as a professional lawyer and has undertaken nearly a thousand lawsuits, including corporate disputes, corporate governance, contract performance, commercial infringement, corporate business crimes, corporate duty crimes, and commercial bribery, etc. He has served as a researcher of the National Lawyers Association information network and the high-tech industry law committee, a member of the bankruptcy committee of The Shanghai Lawyers Association, a member of the science and innovation committee of the Shanghai Lawyers Association, and a adjunct master's supervisor of the Law School of Fudan University. With his rich experience in corporate litigation practice, keen analysis and scheme planning ability, he has dealt with complex corporate shareholder rights disputes and commercial disputes for clients and provided comprehensive legal protection. Meantime, in the field of corporate crimes, acting for a number of major criminal cases with social concern and influence, and accumulated rich practical experience in the field of regulation, prevention and corporate criminal defense.
The Lawyer team of Zhang Jian, focusing on the company business field (including civil and commercial litigation, company criminal crimes, and prevention and control of company legal risks), is composed of several judicial (court, procuratorate, public security, supervision) working background and elite lawyers from famous universities at home and abroad. Served as long-term project legal consultant for many domestic and overseas company, with rich practical experience, successively serviced each kind of company, such as Ajisen (China) Holdings Limited, West Bund Investment Group, Taiwan Navigator Group,kunshanGuangting Real Estate Co., Ltd., Shanghai Dingyuan Catering Company, Sister Tao Culture Media Co., Ltd., Shanghai Jiucan Pharmaceuticals Technology Co., Ltd, @Atcity Information Technology Co., Ltd., etc.
In the company litigation business field, focuses on solving investment disputes, the company equity interest disputes, corporate governance and risk management, corporate control disputes, the dispute of the rights and interests between shareholders and the company, company liquidation and withdrawal mechanism, etc., to create safe, effective and economic equity investment and the company operation mode for clients, maximum limit to prevent the company's operating and investment risk. In the field of corporate criminal crimes, focuses on solving corporate business crimes, corporate commercial bribery crimes, corporate asset embezzlement crimes, corporate bills and tax crimes, corporate financing crimes, corporate fraud crimes, etc.
Representative Cases
Real Estate Equity Investment Dispute Case (Company Dispute)
The related money amounts involved in this case is more than Rmb 7 billion (land value), the structure setting and risk control of equity investment in real estate projects, and the rights and interests dispute of investment shareholders were involved. Zhang Jian's lawyer team dealt with this case by a series of related lawsuits, including shareholders' meeting cancellation case, professional embezzlement case, Shareholders harm the interests of the company and company dissolution case, etc. In the complex real estate project disputes, planned a comprehensive and reasonable litigation plan, to stop the actions that infringing shareholder harm the company interests, and strive to protect the legitimate rights and interests of the company and shareholders. There had been a number of huge amount of money involved and the social factors were extensively involved, it had an adequate demonstration effect on the disputes disposal and risk control of real estate projects related to stock right acquisition.
Company Contract Fraud Case (Company Crime)
This case was a criminal case caused by the company investment dispute, which has a great impact and strong response in the society. The related money amount involved is more than RMB 300 million. A provincial public security department in East China improperly intervened in the commercial acquisition dispute of a trans-provincial company, and detained the chairman and deputy general manager of the company on suspicion of "contract fraud crime" and submitted them for arrest.Under pressure from all sides and social factors influence, zhang jian‘s lawyer team only from the case facts and the law on the qualitative level, sufficiently exerting the role of lawyers, to obtain the relevant criminal law recognized expert argumentation. The legal qualitative analysis was unanimously agreed, and the effective support of the national procuratorial organ was obtained. The case in the arrest of the deadline, obtained the best defense result that all suspects were acquitted.
Swindle Financial Tickets Case (International Letter of Credit) (Corporate Crime)
Shanghai large international trading company, in the trade with Arab oil bulk commodities, in order to avoid currencyregistration sanctions of international trade and financial institutions , had a long-term cooperation with a number of state-owned enterprises background of large companies. Improperly used the closed-loop trading processes, borrowed the financing qualification and issuing ability of state-owned enterprises between domestic and overseas off-shore companies, huge and improper use of international interbank credit lines resulted in huge capital losses.Zhang jian lawyer team used system of international trade practice and policy background, reasonable definition of the case crime subjective attribute and objective cause of the loss, will be the case of the criminal nature combined with background of international trade sanctions, and reasonable guided the cautious punishment principles of judicial judgment, obtained the minimum sentencing punishment that all involved were sentenced to 3 years in jail.
Company's Right to Know Disputes Case (Company Litigation)
A Hong Kong listed company invested in China and entrusted domestic shareholders involved to operate and manage for a long time. Driven by interests, the profits of the company were transferred in large quantities by the shareholders involved. The investors could not know the actual operating conditions of the company and could not exercise the shareholders' right to know about the investment. After entrusting this case to Zhang Jian's lawyer team, they effectively interpreted the legislative background and purpose of the Company Law on the right to know, advocated the scope and form of exercise of the right to know, and obtained the unanimous approval of the intermediate court of first instance and the High Court of second instance. Effectively extended the shareholders' right of informed inspection to the scope of the original accounting documents of all operations. The provincial high court that heard the case took it as a model case of shareholders' right to know, and publicized it on the website of the Higher People's Court. Effectively protected the interests of investment shareholders, and obtained effective evidence and material support for the later litigation of claiming rights and interests.
Company Dissolution Case (Company Litigation)
During the actual operation of a company, a shareholder took advantage of his position as the actual controller of the company to illegally transfer the company's assets and profits, and exercised effective control over the shareholders' meeting and the board of directors to illegally transfer the company's assets in the form of the company's asset guarantee, resulting in a large amount of debts of the company. Lawyer zhang jian effective used in terms of the disposal of company deadlock in company law, lawsuit pointed to the facts and legal basis, and listed the list of serious investment losses caused by the company's existence to the company's shareholders, finally got the effective judgment that dissolving the company and the order limited period liquidation by the court, and obtained the legal effect of holding the related responsible person accountable.
International Hotel Contract Termination Project (Company Risk Control Compliance)
The hotel management company of an American multinational group, by taking advantage of its monopoly position in the market, the Chinese investors suffer serious investment losses under the protection of the monopoly contract that is unreasonable to share the interests and responsibilities. Zhang Jian lawyer team analyzed the contract restriction clauses and project disposal plan reasonably when dealing with this dispute. First of all, through the collection of evidence and the intervention of a third party, they has effectively obtained some defects in the operation of the US multinational company, which provides sufficient evidence to support the formulation of the business negotiation program. After that, the Hotel Management Contract involved in the case was effectively terminated through commercial negotiation under the guarantee of litigation cost and time limit.
Social Responsibilities
A Researcher of National Law Association Information Network and High-tech Industry Law Committee;
A Member of Bankruptcy Expert Committee of Shanghai Lawyers Association;
A Member of Science and Innovation Committee of Shanghai Lawyers Association;
A adjunct Master's Supervisor of Law School of Fudan University.
Wechat public account
