The franchise and related investment dispute cases represented by Lawyer Chen Tianhao from Gaopeng Law Firm have been filed and heard in Chaoyang Court in Beijing, Chongming Court in Shanghai, and Xuhui Court in Shanghai. As of January 18, 2024, this series of disputes has been resolved in the Beijing and Shanghai stock markets. A certain franchisor, a certain management consulting company, and a certain Shanghai university catering contracting company have all returned investment funds to the client. The total proportion of investment losses recovered in the three cases is as high as 92%, and the defendant is responsible for the investor's court litigation and preservation costs. In this case, Lawyer Chen Tianhao from Beijing Gaopeng not only received high recognition from the plaintiff's client, but also received affirmation from the defendant in the Xuhui case and intention to contract on other matters after the case was closed.

On the one hand, this series of cases is a concrete manifestation of the layers of franchise tactics, and on the other hand, it is also a realistic replica of the logic behind the "Rat Head Duck Neck" incident.

Case Introduction

Lesson 1: When cases are interrelated, consider weighing the pros and cons and turning enemies into friends

In this case, the franchisor, consulting company, and contractor are not tightly united, but rather have fundamental interests tied together. During two trips to the Hengsha Island Court of Chongming Court, 1200 kilometers away, through full communication with the management consulting company, investigating the true flow of funds behind the scenes, reaching a mediation intention, changing the litigation request, key evidence materials required for the Xuhui Court case were obtained during the trial.

Lesson 2: When legitimate demands are obstructed, it is possible to consider adding pressure from a third party

The Xuhui Court once held a highly cautious attitude towards adding higher education institutions to participate in the trial. After sufficient communication with the handling court in court and after the trial, Xuhui Court issued a notice to a higher education institution in Shanghai to participate in the trial as a third party in order to clarify whether the contract in question is revocable and whether it is an invalid contract. At this point, the contractor's breach of contract and signing of yin-yang contracts have caused damage to the rights and interests of a certain higher education institution in Shanghai, and may lead to another negative impact that is no less than a "rat head duck neck" incident. Subsequently, the obstacles to the progress of the case were gradually eliminated, significantly accelerating the final outcome of the three cases and three victories.