Case Analysis

  • 2021-12-29
    各行业、领域以及各不同的业态将适用相应于其行业特征的隐私政策,以达到数据合规的目的。2021年年底,上海国瓴律师事务所数据合规与知识产权团队整理汇编《“互联网+”企业隐私政策汇编》文本,这是本专业研究团队聚焦数字经济高速发展中根本的法律问题,通过深度的行业调研所作。其中,包含了智慧汽车、泛电商平台、游戏领域、支付手段、金融、银行等风口行业与传统行业的代表隐私政策文本,希望能够帮助各行业企业客户完成这一数据合规的根本性、基本性的事项,以应对数字经济浪潮的挑战。...
  • 2021-11-17
    Capital is the booster of enterprise development. In order to solve the capital needs, although enterprises can precipitate cash flow through operations, their own funds are often a drop in the bucket, and external financing has become one of the important ways for enterprises to obtain funds. According to the different financing tools, the external financing of enterprises can be divided into debt financing and equity financing. Debt financing refers to the funds needed for enterprise development through borrowing from financial institutions, enterprises or individuals. Debt financing does not dilute the company's equity, and creditors do not participate in the company's operation and dividends, but it will increase the company's liabilities, and the principal and interest must be returned after maturity. Compared with debt financing, equity financing introduces new shareholders i...
  • 2021-10-20
    The company is a great institutional innovation in the history of human development. The limited liability system of shareholders of the company system, to a large extent, dispels investors' concerns, reduces investment risks, and greatly releases the enthusiasm and enthusiasm of social investment. The wealth of Western societies has grown rapidly in just a few hundred years, and the "limited liability system" of corporate shareholders has played a great role in promoting it. At present, the company is already the main enterprise type in the market economy of our country. Article 3 of the Company Law of China stipulates: "The shareholders of a limited liability company shall be liable to the company within the limit of the amount of capital contribution they have subscribed to; The shareholders of a joint stock limited company shall be liable to the company to the extent of th...
  • 2021-10-20
    The company is a great institutional innovation in the history of human development. The limited liability system of shareholders of the company system, to a large extent, dispels investors' concerns, reduces investment risks, and greatly releases the enthusiasm and enthusiasm of social investment. The wealth of Western societies has grown rapidly in just a few hundred years, and the "limited liability system" of corporate shareholders has played a great role in promoting it. At present, the company is already the main enterprise type in the market economy of our country. Article 3 of the Company Law of China stipulates: "The shareholders of a limited liability company shall be liable to the company within the limit of the amount of capital contribution they have subscribed to; The shareholders of a joint stock limited company shall be liable to the company to the extent of th...
  • 2021-10-14
    Wang Wei and Xing Tianlin are both owners of Yinhe Square, Section 5, Jiefang Road, Linghe District, and Wang Wei is director of the owners committee of the community. From January 12 to March 12, 2021, Xing Tianlin repeatedly published statements such as "3-151(Wang Wei) taking advantage of himself, pit owners, take short hands, take rice and white flour travel" in the "Galaxy Owners 2 Group (unofficial)". Wang asked the court of first instance to judge Xing Tianlin to make a public apology, clarify the facts, and eliminate the bad impact caused by her words and deeds in the wechat group....
  • 2021-09-30
    【 Facts of the case 】 The court of first instance found that in October 2018, the plaintiff and the defendant each contributed 126,530 yuan to engage in housing agency affairs in the name of "Shell · Youming Jiaxiang Zhou Road Store" in the house. The parties have not entered into a written partnership agreement, and there are no other written contracts that clearly define the rights and obligations of the parties. After the two have been in partnership for a period of time, part of the house No. 118-2 will be subleased to the hair salon for use, the rent is 40,000 yuan per year, and the first lease period is from April 2019 to April 2020. In April 2019, the original and the defendant signed the "share withdrawal Agreement", which agreed: "Li Hongbiao and Sun Gang jointly operated the house located in the partnership, Sun Gang agreed that Li Hongbiao sho...
  • 2021-09-29
    With the rapid development of society, the values of talents are changing, and the compensation system of enterprises is also changing. Traditional compensation, which has worked well for a long time, is no longer the most important factor in attracting talent. At present, equity incentive has become an important way for enterprises to attract and retain talents. Employee equity incentive is an incentive way for the company to share development achievements with the company, share operating risks, and realize employees' long-term service for the company's development by granting company equity to employees. In the practice of equity incentive, the incentive rules of listed companies, state-owned enterprises, non-listed companies and other types of enterprises are different. In the non-listed company equity incentive, the shareholding platform equity incentive is the mainstream mode...
  • 2021-09-29
    With the rapid development of society, the values of talents are changing, and the compensation system of enterprises is also changing. Traditional compensation, which has worked well for a long time, is no longer the most important factor in attracting talent. At present, equity incentive has become an important way for enterprises to attract and retain talents. Employee equity incentive is an incentive way for the company to share development achievements with the company, share operating risks, and realize employees' long-term service for the company's development by granting company equity to employees. In the practice of equity incentive, the incentive rules of listed companies, state-owned enterprises, non-listed companies and other types of enterprises are different. In the non-listed company equity incentive, the shareholding platform equity incentive is the mainstream mode...
  • 2021-09-02
    【 Facts of the case 】 The court of first instance held that Chi Shengqiang sued Li Shutao in two private lending disputes to the court of first instance, with the target of action of 100,000 yuan and 50,000 yuan respectively. After separate trials to find out the facts, Chi Shengqiang and Li Shutao borrowed money several times and for a long time. In this special case, according to the court hearing, Li Shutao fulfilled the repayment obligation to a certain extent after borrowing money, but Chi Shengqiang and Li Shutao did not reach an agreement on the specific loan and time for repayment, resulting in separate adjudication of the two cases. The legitimate rights and interests of both parties cannot be protected. Therefore, the two cases should be prosecuted together to give full play to the rights of both parties to plead, and to find out the facts of the case and ...
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