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Company A signed a purchase contract with Company B. Later then, Company B was merged by Company C. Because Company A had disputes with Company C, it was unwilling to do business with Company C. Then, whether Company A could refuse to do business with Company C?  Article 174 of the "Company Law" stipulates: "when a company is merged, the…

In December 2016, a few days after Dong lost contact, the company terminated the labor contract for absenteeism. In April 2017, Dong was diagnosed with schizophrenia, and the doctor stated that the disease had begun in August 2016. Dong’s daughter claimed that the company had terminated the labor contract illegally. The Shanghai High People’s Court finally determined it was an…

The business name is administrated by SAMR, and the registered trademark is administrated by the Trade Office. These are two different administrative procedures, so nobody could check crosswise. How to defend rights when you encounter the identical/similar business name and registered trademark? The first circumstance: a registered trademark is prior. Article 1 of the “Interpretation of the Supreme People's Court…

Fu was late for more than 70 times within 10 months after he was onboard. The company terminated the employment contract with the reason that Fu had committed a serious breach of the company’s rules and regulations. Fu filed a lawsuit against the company. The court held that the company knew that Fu had been late for work very frequently…

In the previous issue, we introduced how to prevent scams. However, if a company encountered a scam, it would be very difficult to claim damages from the fraudsters. Some companies have another thought, which is to claim damages from the relevant employees. Whether companies could claim damages from the relevant employees? If the answer is yes, then how much could…

The employee of a clothing company smuggled a batch of clothing with a cost of RMB 1 million out of the company’s warehouse, and sold it to a third party at an extremely low price of RMB 200,000. Later then, the company reported to the police, and claimed that the employee should compensate a loss of RMB 1.5 million (including…

The FOCUS Company has obtained an exclusive information network transmission right of several works, which have been found to be spread by others by Baidu Pan. So The FOCUS Company sent a “Notification Letter” to the Baidu Company, and requested it to delete the relevant works. However, the Baidu Company did not delete the relevant works, and The FOCUS Company…

When a financial staff received an email or a SMS from the said GM or the Purchasing Manager, and the staff was urged to remit money to a designated account. Normally, the staff would arrange the payment as soon as possible, since the staff took it as an order. Later then, the company found it was a scam, for example,…

Article 17 of the “Anti-unfair Competition Law” provides that in the cases concerning the infringement of commercial secrets, where it is hard to ascertain the actual losses of the infringed party, the compensation could be determined in accordance with the gains made by the tortfeasor from the infringement (hereinafter referred to as the “GAINS”). In practice, it is very difficult…

After the outbreak of COVID-19, there are many articles concerning whether COVID-19 shall be deemed as a force majeure circumstance, how to defend the claim of the liability for breach of contract and so on. These articles have analyzed from the laws to the judicial decisions. However, for the majority enterprises, you may only want to know whether you can…