attorney systems in france and in china daniel kahn - french lawyer - daniel kahn - french lawyer -...
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中法律师制度比较中法律师制度比较Attorney systems in France and in ChinaAttorney systems in France and in China
Daniel Kahn - French lawyer Daniel Kahn - French lawyer 王正洋 王正洋 - - 中国执业律师中国执业律师Kahn & Associés Kahn & Associés 君泽君律师事务所君泽君律师事务所
East China University of Political Science and Law, Shanghai, 09/06/2011
华东政法大学,上海, 09/06/2011
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Business lawyers in France
Daniel Kahn
Founder partner in Kahn & Associés
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Introduction of our firm
• Created in 1988• Full service business law firm• International law firm• In alliance with Chinese law firm JunZeJun, and
relationship with firms around the world• Strong local network• Focused on Technologies/Internet/Telecom companies• 35 lawyers in Paris, of which 10 are partners• Branch office in Sophia Antipolis (south of France)• Works with its clients for the long term in day to day
matters and on (M&A, PE, IPOs, Flips…)
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Six W’s about business lawyer
• Who is it about ?• What does a business lawyer do ?• Where does a business lawyer intervene ?• When is a business lawyer involved ?• Why client needs a business lawyer ?• HoW to become a business lawyer ?
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Who is it about?
• Business lawyer in English
• Avocat d’affaires in French
• 商事律师 in Chinese
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
What does a business lawyer do?
• Business law (also refered to as Commercial law or Corporate law) : gouverns business and commercial transactions.
• Areas of practice - Transactions (M&A, PE, financial transactions, distribution, agency, JV...) - Contracts (drafting, negotiation, localisation) - Real Estate - IP/IT (licensing, service level agreements...) - Employment/Labor law (advice and litigation, incentive) - Commercial litigation and arbitration - Tax
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Where does the business lawyer intervene?
• Local issues - Example: tax considerations, choice of structure, creation
of local presence for foreign companies
• International issues - Example: transnational know-how licencing, setting up a
JV, assisting on international expension
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
When is a business lawyer involved?
• Before setting up a business projet - Exemple: M&A opportunities / Financing
• During the running of the business - Exemple: Negotiating the contracts when assisting client in strategy - Exemple: raise money/sell/IPO
• After the business deal
- Exemple: integration, dispute resolution Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Why client needs a business lawyer?
• Experience• Knowlege• Network• Time saving• Costs savings• Business secrecy
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
How to become a business lawyer?
• Graduate from law school• Specialize in a/a few area(s) of business law• Pass the Bar Exam• Get a business attorney job • Business background and experience• If possible business/accounting skills• Language and communication skills• Open mindness to build a strong network• Finding your own business clients
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/
Thank you for your attention !Thank you for your attention !
Kahn & Associés Law Firm Paris – Sophia Antipolis www.kahnlaw.com
JunZeJun Law OfficesShanghai – Beijing – Shenzhen
www.junzejun.com/cn/