Recently, by the Beijing King&Capital Law Firm senior partner Zhao Qilong, Zhu Yuanxiao lawyers, represented by a listed company's major asset mergers and acquisitions and performance bets triggered by non-competition, service commitment disputes were sued for damages, in the case of the plaintiff listed company to the target company's original shareholders claimed a huge amount of 515 million yuan of damages, through the Kyoto lawyers successfully represented the Court of First Instance ultimately supported only 1.9 million yuan of the compensation amount. The court of first instance finally upheld only 1.9 million yuan of compensation amount, and the case was fully won. Currently, the plaintiff has filed an appeal against the first instance judgment.
This case is the third lawsuit triggered by the conflict between a listed company and the core management team of the target company during the 3-year performance betting period, and it is also the case with the largest amount of money involved in the lawsuit. In this case, the listed company froze the shares of the listed company worth hundreds of millions of dollars held by the client through property preservation, which caused great economic and mental pressure to the client. In addition, in the first two litigation cases that had occurred between the parties, the original shareholders and core management team of the target company had actually paid more than RMB 53 million to the listed company for performance compensation. At this critical moment, the client approached King&Capital lawyers to seek a legal solution. The lawyer team intervened at the first time and held an internal discussion meeting during the Lunar New Year 2022 to form a preliminary plan and communicate with the client in person. Through in-depth research, the team found that this case is a new type of difficult and complex case, with many points of contention, and involves the cross-application of the Company Law, the former Contract Law, the Labor Contract Law and other laws. For this reason, the lawyer team in the accurate prediction of the focus of the case, based on the focus of the dispute, targeted case search and evidence collection work, the focus of the issue in-depth study, the development of a perfect program to respond to the lawsuit. Lawyer team professional, meticulous preparation, not only for the case to lay a solid foundation, but also to a certain extent to ease the client's anxiety.
The case from the preliminary preparation to the first trial, which lasted one year and two months. During this period, we went through jurisdiction objection, pre-trial meeting, several court conversations and court sessions, and finally rejected the other party's huge compensation claim. The court of first instance not only adopted our core viewpoints, but also directly quoted many of our arguments in the judgment, which is undoubtedly an affirmation of the professional ability of the lawyer team. The successful representation of this case not only highlights the professional ability and strength of King&Capital in representing the major, difficult and complex cases, but also for the client to solve the major litigation risks, and safeguard the shareholders, the core management team's financial security, the client of the lawyers team's work has been highly evaluated and recognized.