On the afternoon of August 24, 2022, King&Capital held a firm-wide seminar on a third-party avoidance case involving the intersection of criminal and civil matters, in which a number of attorneys from various departments, including the Corporate & Compliance Department, the Civil & Commercial Litigation Department, the Finance Department, the Foreign Affairs Department, and the Criminal Litigation Department, engaged in a lively discussion.

The meeting was chaired by Mr. Sun Yanhui, the partner-in-charge of the Corporate and Compliance Department, and Mr. Ma Zhao, the lawyer of the Corporate and Compliance Department, introduced the specific case.

This seminar case involves many parties and the amount of money involved is huge, the parties concerned since 2016 has been through six years of rights defense road, has been through the criminal charges, civil first trial, second trial, retrial and other procedures and a number of lawsuits, extremely difficult to obtain a judgment in favor of the effective judgment. After entering the execution stage, the party found that the executed person and his actual controller had obtained the effective judgment of other lawsuits, hoping to achieve the purpose of blocking the execution. In response to this unfavorable situation, the firm represented the client in filing a third-party avoidance lawsuit. In order to deeply analyze the case, find the entry point of the case, better handle the case, and maximize the protection of the interests of the client, the Business Management Department organized a cross-departmental lawyers to hold this seminar.

At the seminar, the participants have no identity restrictions, regardless of seniority, regardless of right and wrong views, the scene atmosphere is warm, the participating lawyers were from civil, criminal, arbitration award rules and other perspectives, focusing on the debtor acquisition, the composition of the debt, the mortgage survives with or without, false litigation elements of the crime, the determination of bad faith collusion, the application of the principle of fairness, the company's personality mixing, etc., from a variety of perspectives, in a comprehensive and multi-directional Analyzed and discussed in depth.

Photos of the meeting

Mr. Xiao Shuwei, senior partner of Finance Department, Mr. Zhao Qilong, senior partner of Civil and Commercial Department, Mr. Zhang Libin, senior partner of Foreign Affairs Department, Mr. Zhang Guosheng, partner of Civil and Commercial Department, Mr. Ma Tao, partner of Corporate and Compliance Department, and Mr. Xia Jun, partner of Criminal Procedure Department, made wonderful speeches at the conference.

At the end of the meeting, Mr. Sun Yanhui summarized that the seminar was very successful, we analyzed the case from different angles, both the collision of different points of view, but also part of the consensus reached, not only for the case to clarify the direction of the litigation, but also for the lawyers of the follow-up agency work injected a strong needle.

King&Capital as a comprehensive law firm to provide comprehensive legal services, including criminal litigation, civil and commercial litigation, non-litigation business, has always paid attention to teamwork, and will continue to hold seminars on difficult cases and other forms of integration, teamwork, specialization, and continue to enhance the professionalism of all the lawyers and the cohesion of the team, and to better safeguard the interests of clients.