Mr. Thomas Lee
ShanghaiPartner
Profile
- Prior to being a professional lawyer, Mr. Lee worked as a secretary and then a registered judge in a Shanghai district court for 8 years. With more than 900 cases trialed and executed, Mr. Lee accumulated profound experiences in commercial litigation and legal execution. He was also honored as the 'Selected Case of Shanghai Courts of 2013' and 'Excellent Judge of 2016' of a Shanghai district court.
Mr. Lee started his practice as a lawyer in 2019. He has been working widely on criminal law, marriage law, administrative law, labor law and construction law, while focusing on commercial law. Mr. Lee helped many cases to achieve satisfactory results more than the clients expect, despite the lack of evidences and procedural defaults suffered by these cases. Mr. Lee also serves as a retaining legal consultant for China Construction Bank (credit card department), and is highly praised by his clients.
Mr. Lee works daily in Chinese and English. He is reachable at liteng@hiwayslaw.com.
Area of Practice
- Cooperate law
- Labor law
- Financial law
Education
- Master degree；School of Economics at East China University of Politics and Law (Shanghai)
Areas of Focus
- Financial law practice, Financial Leasing, Commercial contract, Equity Transfer, Insurance, Advertisement contract, Labor law practice, Retaining Legal Consultant Service.
Honors
- Selected Case of Shanghai Courts of 2013
- Excellent Judge of 2016 (Shanghai);
- Award of Excellence of the 1st PLUS Speech Contest held by the Supreme Court of Shanghai;
- Speaker of the PLUS Conference of A.I.;
- Model for Judge and other public servants (Shanghai) .
Representative Cases
- Helped limited partner against the equity incentive platform
In this case, the Limited Partner(LP) signed the partnership contract to waiver all incentives provided she resigned before the final date. The LP was then expelled by the general partner so the later took all the incentive interest which original belonged to the LP. By meticulous examination about signature, the actual contract practice, and the performance accounting procedural, we successfully convinced the court to overruled the contract clause above, rendering the return of incentive interest to the LP.
- Helped investor against the fund
In this case, Mr.M(Singapore nationality) invested more than a million yuan into a private fund which focused on directional private placement, which without notifying Mr. M, switched its operation field to the secondary market. Even when the judges had poor understanding about the financial market, and the defendant were well armed with confusing terminologies, we managed to win the judges' discretion with a combination of detailed research of the case, visual presentation and demonstration of expert. The case was close with a mediation in favor of the investor.
- Helped dummy party in a capital allocation case
In this case, Mrs.Zhang was a dummy to Mr.Liu who cooperated with Miss.Gu in allocation of capital contract for stock speculation using Mrs.Zhang's name. This hundred-million yuan attempt then suffered a heavy loss. Miss.Gu sued Mrs.Zhang for a huge sum of indemnity. We successfully convinced the judges to rule the contract invalid, led to a mediation which reduced the amount of the indemnity.
Selected Publications
- On the Legitimate Heritage of the Shareholder's Qualification;
- Reservation of the Right to Claim: A Practical Solution to the Problem of Non bis In Idem;
- A Case Study: Effect of Guarantor's Waivering of Defence On the Rights of Recourse of Guaranty；
- Best Tool for Legal Research: Recommendation for a Judge
（https://mp.weixin.qq.com/s/WLTEtlFUBRrN4IuDQLhwpQ）;
- Will Smart Legal Technology Doom Human Lawyer?
（https://mp.weixin.qq.com/s/2OREEGmL1be-vWuIX_iddg）;
- A quick way to understand LPR and its Effects on Litigation Results
（https://mp.weixin.qq.com/s/krvavgYL2VHRW6oJJIQItw）;
- Three Steps to Build your Force Majeure Disclaimer
（https://www.hiwayslaw.com/professionals/partner/item/1199-2016-11-15-08-28-37）
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