CHINESE ADVISORY PRACTICE

 

CUTLER & WILENSKY LLP specializes in representing native Chinese speakers doing business in Massachusetts and across the United States.  In addition to representing Chinese clients directly, we provide a range of advisory services to other law firms representing native speaking Chinese engaged in the structuring of business to the navigating of the complexities of litigation.

The representation of Chinese seeking to navigate the American legal system presents unique and complex challenges ranging from language issues to the bridging the gap of cultural norms and values.  A number of these challenges are obvious, and other are subtle.  Irrespective of the nature of the challenge, failure to adequately identify, understand and manage these challenges often leads to unwarranted, adverse results.  There are fundamental concepts underlying American jurisprudence that are commonly perceived as obvious and based on common sense to those raised in America, but are often non-obvious and counter-intuitive to one born and raised in China.  Both the meaningful and accurate translation of legal concepts and an appreciation and understanding of the problems arising during the translation of common words and phrases, let alone complex legal terms, are critical to being successful in litigation and business transactions.

CW has a team of Chinese born lawyers, who along with their American born counterparts, are experienced in bridging these cultural and linguistic divides.  Through decades of collective experience, our legal team has come to recognize and understand potential areas of miscommunication and misunderstanding of American cultural norms, both obvious and subtle, and have developed methodologies to ensure that communications are effective.

Our team offers the following skills and services to its clients and co-counsel:

  • Attorneys who fluently speak Chinese - Mandarin and Cantonese.
  • Attorneys who fluently read and write Chinese.
  • Effectively explain and communicate American jurisprudence concepts.
  • Effectively prepare Chinese native speakers for the taking of their deposition(s).
  • Effectively prepare Chinese native speakers to testify at trial before a jury or judge, as well as before an arbitrator.
  • Review Chinese documents and written communications to identify critical passages and statements for us in litigation and trial.
  • Effectively translate and explain the effect English corporate documents.

Confidentiality and loyalty are a hallmark of CW.  Whether meeting a potential client, representing a client directly or working as co-counsel, all relationships are important and must be respected and honored.  This includes honoring and respecting the relationship between a firm who retains our service and their relationship with their existing clients.

The private investment sector has seen a rapid expansion globally as more and more Chinese investors pursue investments opportunities in the United States.  Correspondingly, there has been an increase in disputes resulting from the lack of an understanding of the US legal system, compounded by the language and cultural misconceptions.

CW has rich experience in representing clients concerning various issues such as trade secret misappropriation, misrepresentations, fraud, breach of contract, partnership disputes, negligence and employment disputes.

The following are examples of the type of matters CW has handled for its Chinese clients:

Business Transactions

  • Represented a Chinese institutional investor in acquiring a medical device company in Massachusetts;
  • Represented multiple buyers in acquiring the assets of a used car dealership and repair services;
  • Represented either buyers or sellers in stock purchase and/or transfer agreement for various types of businesses;
  • Acted as general corporate counsel for a medical tourism company whose customers receive diagnosis, second opinion and/or treatment from multiple hospitals in the Greater Boston area;
  • Represented robotic research and design companies in reviewing and advising on licensing agreement;
  • Represented a general partner in forming a venture capital fund specializing in robotic product investment;
  • Represented a general aviation business in negotiating a joint venture to be operated in China;
  • Represented client companies, such as, travel agency, snack, tea and frozen yogurt retailer, and medical tourism in reviewing, editing and negotiating commercial leases;
  • Represented an education consultancy business in reviewing and editing host family agreement;
  • Represented various employers in drafting employment agreements, offer letters, non-compete and non-solicitation and patent assignment agreements;
  • Represented employees in reviewing and negotiating employment agreements, severance agreements, non-compete, non-solicitation and patent assignment agreements;
  • Draft employment manual and/or handbook for a variety of client companies;
  • Registered or registering trademarks in golf clothing, chemical products, locks, swim gear, media and communications products and services, education consulting, lab equipment and reagents;

Dispute and Litigation Matters

  • Representing a plaintiff against a former employee for misappropriation of trade secrets.  Breach of fiduciary duty, violation of computer fraud, conversion with regards to advanced technology;
  • Representing a plaintiff against a fellow member of an LLC for various cause of action related to real estate acquisition and development;
  • Representing a plaintiff against his former employer and other shareholders for failure to pay wages, derivative actions and partnership disputes;
  • Representing a defendants in a wage and hour dispute brought by former employees;
  • Representing a defendant in a business and partnership dispute involving multiple parties related to a commercial real estate development project;
  • Representing a defendant in a suit brought by a former employer for failure to pay wages and reaching a significant jury verdict;
  • Represented a client in a successful settlement with her employer for a racial discrimination claim with the Massachusetts Commission Against Discrimination;
  • Represented a client in a successful settlement for a defamation claim;
  • Represented a buyer in a real estate transaction to reach a satisfactory settlement with the seller for a misrepresentation claim; and
  • Represented a client in a claim against its website designer for breach of contract.