The lawyer explained the consequences of being investigated for insider trading: confiscation of illegal gains and a fine of one to ten times the amount, and in serious cases, the offender may face up to ten years in prison in accordance with Article 180 of the Criminal Law.
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The lawyer explains the conditions for refunds for franchise losses: It's difficult to get a refund for simple losses. However, if the contract is terminated during the cooling-off period, or if there are defects in information disclosure or fraudulent acts, the franchisee can claim a refund and terminate the contract.
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The lawyer analyzes the ownership of software developed under a contract: If there is an agreement, the ownership shall be determined by the agreement; if there is no agreement, the copyright shall belong to the entrusted party. Paying the fee does not mean obtaining the copyright, and the contract must clearly specify the ownership and the delivery of the source code.
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The lawyer explained the rules for revoking a contract signed under fraudulent circumstances: the claim must be made within one year after discovering the deception, and the statute of limitations cannot be suspended or interrupted. After revoking the contract, the party may request the return of the contract and compensation for damages.
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The lawyer explains the rules for rescinding a contract due to a major misunderstanding: within the 90-day exclusionary period, a request for rescission can be filed, and after the rescission, the parties shall return the property to each other, and the party at fault shall compensate for the losses.
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The lawyer explained that the penalty clause remains valid after the contract is terminated: Articles 566 and 567 of the Civil Code support claiming the penalty after the contract is terminated due to breach of contract, and the excessive penalty can be adjusted according to Article 585. Attached is a case of arbitration undertaken by the lawyer.
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The lawyer explained that the right of rescission is subject to the statute of limitations: if there is no agreement, it will be extinguished if it is not exercised within one year after knowing the grounds for rescission; if it is not exercised within a reasonable period after the other party's prompting, it will also be extinguished; and if it is not exercised within the time limit, the party in...
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The lawyer explained that if the quality of the commissioned goods is not up to standard, the client can claim for repair, rework, reduction of compensation, or damages according to Article 781 of the Civil Code. Please note the three-year statute of limitations and the quality objection period, and attach a list of evidence.
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The lawyer explained the feasible boundaries of online legal services: Article 16 of the Civil Procedure Law recognizes the effectiveness of online litigation, and the Electronic Signature Law recognizes reliable electronic signatures. Online consultation and signing require standardized operations.
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The lawyer explained that family legal consultants can provide advice and planning on child support and the protection of minors' rights, as well as litigation representation services. The Civil Code handles custody disputes in accordance with the principle of acting in the best interests of minor children.
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The lawyer explained the approach of corporate criminal legal advisors in dealing with criminal crises: procedural guidance, coordinated defense, responding to the 37-day window before approval of arrest, compliance rectification, and lenient strategies for pleading guilty and accepting punishment.
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The lawyer provided five criteria for SMEs to select legal consultants: professional matching, response mechanism, service model, fee structure, and continuous service capability. He also suggested a service checklist and evaluation points.
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The lawyer explained the three steps to deal with the trademark being declared invalid: applying for a review within 15 days or suing within 30 days, evaluating the re-registration and the defense of prior use, and handling the existing contracts in accordance with Article 47 of the Trademark Law, and giving examples of cases he has handled.
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The lawyer explained the applicable circumstances for SMEs to hire permanent legal advisors, five selection criteria, and common pitfalls, and interpreted the advisory duties stipulated in Article 29 of the Lawyers Law.
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The lawyer explained the division of responsibility for injuries caused by mentally ill people: people with no capacity for civil conduct shall be held responsible by their guardians, and intermittent mentally ill people who cause injuries when they are normal shall be held responsible by themselves. He also reminded them of the key points of evidence and procedures.
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