In early January 2022, the United States Customs and Border Protection (hereinafter referred to as "the United States Customs") detained a batch of Chinese dates at the port of Oakland, California, under the Xinjiang Related Act, on the grounds that these dates were produced in Xinjiang and the packaging was printed with the "Xinjiang Construction Corps" icon [1]. This event indicates that the implementation of the Xinjiang Related Program is not limited to specific products such as photovoltaic, cotton, and tomatoes. Therefore, if exporters lack knowledge of the risks involved in Xinjiang, they may result in the export goods being detained or even destroyed by the United States Customs. The following will briefly introduce the key points of the Xinjiang Related Act and the coping strategies of Chinese enterprises in this new context.

On December 30, 2022, the Beijing Financial Court issued a first instance judgment on the court's No. 1 case, "Blue Stone Assets and a Bank and Other Securities Misrepresentation Liability Dispute Case." This case, as the first nationwide dispute case on the liability for misrepresentation in the interbank bond market, has a landmark significance. In the judgment, whether the Securities Law of the People's Republic of China (hereinafter referred to as the "Securities Law") is applicable to the interbank bond market and its judicial interpretation "When a misrepresentation is not subject to administrative penalties or effective criminal judgments by regulatory authorities, how the court determines it, and the consideration and review of the elements of tort liability in a misrepresentation case are groundbreaking. They further compact the responsibilities of bond underwriters and bond service institutions, emphasizing that institutional investors have a higher duty of care,", It has great reference value for the judicial practice of the future interbank bond market and even the entire bond misrepresentation case.

Several recent cases have prompted me to consider which enterprises involved are suitable for compliance construction.

Whether Chinese companies invest through greenfield or brownfield, in overseas investments and with counterparties, they ultimately need to confirm the commercial arrangements for their investments in relevant transaction agreements, such as equity acquisition agreements and shareholder agreements. An important part that partners should consider when determining the underlying legal documents is the relevant exit arrangements. In the business world, the life cycle of a joint venture company can vary, but on average, the median life of a joint venture company is 10 years, which means that it is important to draft fully considered exit clauses in the relevant legal documents of the joint venture company. At the same time, a complete negotiation exit arrangement is also a legal protection against the failure of an investment project. However, at the initial stage of the project, the mood of the partners is passionate and they are confident about the cooperation prospects. In the project model, the focus is on the cash flow forecast above the breakeven point. Stress testing is more to prove the feasibility of the project than to consider and respond to the extreme black swan situation. In addition to matching the investment strategy and development strategy of the enterprise, the final exit mechanism is also relatively complex: unlike other mechanisms, exit mechanisms are scattered across different parts of the contract, including default clauses, compensation clauses, and dilution clauses. Therefore, we believe it is necessary to conduct a centralized review of the exit mechanism to assist Chinese enterprises in their overseas investment work.

"Wealth Management · Shiye" has been officially launched since today. Every half month, we summarize important policies, regulations, and regulatory information on wealth management, finance, and related industries at home and abroad. We are willing to share industry information and cutting-edge trends with you, enhance the professional level of our departments through in-depth research, create a unique service platform in the wealth management field of Gaopeng Law Firm, and contribute to the development of the financial field. Sincerely invite and thank you for your attention!

In our agency work in private fund manager dispute resolution cases, we have identified some common controversial points that determine the direction of relevant cases. This series of articles analyzes relevant issues from the perspective of safeguarding the rights and interests of fund managers. One of the articles in this series, "Consequences of Chapter 5 of the Nine People's Minutes" and How Private Fund Managers Should Respond "," How Private Fund Managers Demonstrate Fulfillment of Investor Suitability Obligations in Dispute Resolution ", and" How Private Fund Managers Refuse Investors' Claims for Rigid Redemption in Dispute Resolution ", are applicable to Chapter 5 of the Nine People's Minutes, respectively, And investors' appropriateness obligations and rigid cashing issues are analyzed. This article will discuss the issue of unfulfilled investment diligence obligations.

Private Equity Fund Civil and Commercial Dispute Resolution Series III



In our agency work in private fund manager dispute resolution cases, we have identified some common controversial points that determine the direction of relevant cases. This series of articles analyzes relevant issues from the perspective of safeguarding the rights and interests of fund managers. One of the articles in this series, "Consequences of Chapter 5 of the Minutes of the Nine People's Republic of China and How Private Fund Managers Should Respond", and the second, "How Private Fund Managers Demonstrate Fulfillment of Investor Suitability Obligations in Dispute Resolution", respectively analyze the applicability of Chapter 5 of the Minutes of the Nine People's Republic of China and the investor Suitability Obligations. This article will discuss issues related to rigid cashing.

The key to the conviction of the crime of insider trading and disclosing insider information is to accurately define the insiders, identify the content, formation time, disclosure of insider information, and specific behaviors of insider trading. This article will explore the main defense points of the crime of insider trading and disclosing insider information from the perspectives of the subject of insider trading, insider information, objective behavior, objective evidence, and sentencing based on judicial practice and experience and thinking in handling relevant cases.

Based on the quantitative analysis of 74 cases of insider trading and disclosure of insider information, including the types of insider information, specific criminal acts, criminal amounts, return of illegal income, and sentencing, we can discover the basic characteristics and trends of insider trading and disclosure of insider information in terms of the number of cases, geographical distribution, criminal subjects, objective behavior, and criminal penalties. This article will continue to conduct in-depth analysis of the main characteristics of insider trading and disclosure of insider information cases.