The establishment of Gaopeng Difficult Case Research Center and the successful convening of the first phase of difficult case seminar and experience sharing meeting
On the afternoon of August 2, 2024, the "Gaopeng Difficult Case Research Center" was officially established and successfully held the first difficult case seminar and experience sharing meeting. The Gaopeng Difficult Case Research Center aims to provide professional assistance to lawyers and clients in solving major, difficult, and complex cases, improve the professional quality and social effectiveness of the law firm's case handling, and provide a professional skills learning and practice platform for young lawyers to help them grow professionally. This event is hosted by the Gaopeng Law Firm Development Committee.
Guo Jinhui
Lawyer Guo Jinhui, Senior Partner of Gaopeng Law Firm and member of Gaopeng Development Committee, delivered a speech as the moderator and initiator. Lawyer Guo first welcomed the colleagues and friends who actively participated in this sharing event both offline and online, and expressed gratitude for their support. Next, Lawyer Guo Jinhui introduced the purpose and purpose of establishing the Difficult Case Research Center, the responsibilities of the Center, the organizational structure of the Center, and the operating rules of the Difficult Case (Case) Discussion Conference. Lawyer Guo Jinhui stated that the purpose of establishing the Difficult Case Research Center is to focus on the discussion of difficult cases, provide a professional interactive platform for resource sharing, mutual assistance, and extensive communication among law firms, and strive to gather the professional experience of different senior lawyers to jointly explore and solve complex and difficult legal problems, in order to help lawyers at different stages of Gaopeng to continuously grow and provide clients with more refined, professional, and efficient legal services.
Lawyer Wei Zhijian, Senior Partner of Gaopeng Law Firm and Member of Gaopeng Development Committee, delivered a speech. Lawyer Wei proposed that as a pure public welfare platform, the participants of the Difficult Case Research Center adhere to the principle of "everyone for me, I for everyone", and build the Gaopeng Difficult Case Research Center into a case handling mechanism for Gaopeng lawyers. He hopes to provide a powerful "think tank" support for Gaopeng lawyers and no longer "fight alone".
Lawyer Zhang Liqiong, Senior Partner of Gaopeng Law Firm, delivered a speech as a co initiator. Lawyer Zhang stated that difficult cases can be understood as "doubts" in factual determination and "difficulties" in legal determination; The analysis, interpretation, and legal application of disputed facts are the core professional skills of lawyers. The analysis and handling of "difficult cases" can reflect the professional value of lawyers. We hope that every lawyer, especially young lawyers, can unleash their abilities and promote their growth by participating in the activities of the Difficult Case Research Center.
The first session of the seminar on difficult cases was triggered by a "commitment letter". The case went through first instance, second instance, retrial, and application for retrial. The case is quite complex, with disputed points involving factual determination, burden of proof allocation, and legal application. During the seminar, attending lawyers Zhang Liqiong, Wei Zhijian, Zhang Mingzhi, Sun Jiaqi, Yang Honghua, Peng Meiyang, and Wang Leisheng expressed their opinions on the following three controversial topics:
How to prove that the official seal on the commitment letter is not the true expression of the issuer's intention and how to allocate the burden of proof when the official seal on the commitment letter is genuine in form
2. The legality and validity of the commitment letter: "Is it legal and valid for a subsidiary to commit its own funds to minority shareholders
3. Joint and several liability of controlling shareholders: "If a subsidiary makes the above commitment to a minority shareholder, should the controlling shareholder bear joint and several liability for the commitment obligation
The seminar and sharing session was rich in content, and in the last session, two senior partner lawyers were invited to share their experience in handling difficult cases with everyone:
The first speaker was Lawyer Zhang Liqiong, Senior Partner of Gaopeng Law Firm, who gave a keynote speech on "Several Issues of Nine People's Minutes in Judicial Practice after the Revision of the Company Law".
The second speaker is Lawyer Yuan Yuan, Senior Partner of Gaopeng Law Firm, who gave a keynote speech on "The 'Law', 'Techniques', and' Momentum 'Strategy for Resolving Difficult Cases" (Part 1).
Event site
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