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Education & Training |
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| Our M&A team specializes in public and private company M&A and joint
ventures. They work closely with our tax law specialists and the securities
law specialists to provide integrated execution advice for all types of M&A
transactions both in China and overseas. |
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| Acting for issuers and underwriters on initial public offerings, secondary
offerings and rights issues, our team advises on domestic and overseas equity
capital raisings. The team also provide advice on compliance with continuing
obligations for listed companies. |
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| DeHeng lawyers have extensive experience in both assisting foreign companies
establish their presence in China and assisting Chinese companies go
overseas. Our specialists have broad experience in advising domestic and
foreign clients in their establishment of new branches or entering new
markets, as well as in the strategic closure of their branches in domestic or
foreign jurisdictions. |
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| SOE (State Owned Enterprise) related legal service is one of the most
challenging areas in Chinese legal practice. DeHeng is one of the pioneers in
this area and has extensive successful experiences in assisting SOE
restructuring, reformation, financing, as well as other complex matters. |
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| DeHeng advises both domestic and foreign enterprises in restructuring their
operations. We strive to help our clients restructure in such a manner that
it optimizes the ultimate financial position of the enterprise while also
addressing the multitude of legal issues that arise as a result of the
restructuring. Our corporate lawyers work closely with other specialists to
assist both domestic and multi-national enterprises in structuring and
restructuring their domestic and international transactions and operations. |
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| DeHeng has a distinguished insolvency practice. We represent financial
institutions, secured creditors, debtors, trustees, committees, creditors,
bondholders and companies doing business with debtors in all aspects of
bankruptcy proceedings. Our clients include large corporations, banks,
insurance companies, closely-held companies, partnerships, bankruptcy
trustees, creditors' committees, equity committees, bankruptcy examiners and
indenture trustees. Recently, DeHeng was invited, as the only Chinese law
firm, to have participated a joint bankruptcy research project organized by
World Bank, International Bar Association, and Harvard University. The
research is one of the most comprehensive bankruptcy study ever done on
global scale. The DeHeng team's work was published in early 2003, and it
covered all identified phases of insolvency process in China. |
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| Our Product Liability practice takes three approaches: loss prevention,
settlement of claims or judgments, and litigation. Our loss prevention, up-
front evaluation and consultation are focused on keeping manufacturers out of
trouble. There are many ways to prevent product liability, but above and
beyond working closely with our clients toward that end, our team is ready to
go to court when and if necessary. Quite different from other large firms, we
are proactive in educating our clients by helping them to understand product
liability laws. Furthermore, we advocate alternative dispute resolution, such
as mediation to settle dispute when it is necessary. |
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| Our employment law attorneys include some of the leading experts in the area
in China. We are dedicated to helping employers become more proactive in
employment law-related matters to prevent legal issues before they arise. Our
surveys of foreign-invested companies have found that one of their prime
concerns are the relationships between employees and their key personnel?
DeHeng has a full range of sophisticated employment plans to empower
investors and shareholders to protect their interests, and in the meantime to
motivate the employees?best performance. Our plans include executive
employment contracts, termination agreements, employee benefits plans,
personnel policies, alternative dispute resolution mechanisms, performance
evaluation systems, restrictive covenants, etc. Our other practice areas
include conducting employment law audits, factory closings, massive layoffs,
employee privacy rights, internal corporate investigations of employment
related complain and due diligence reviews of employment law liabilities in
corporate acquisitions. Our counseling advice has also focused on employment-
related tax issues, safeguarding trade secrets and intellectual property,
insurance coverage for employment law claims, and alternative dispute
resolution mechanisms for resolving employee grievances and legal claims. |
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| Banking, Finance, Insurance |
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| We represent financial institutions, equity funds, and corporate entities in
connection with the financing of mergers, acquisitions (whether of equity or
of assets), management and highly leveraged buyouts, restructurings, and
other similar transactions. Our exporters have broad experience in handling
cross-border acquisition financings between European, North American
countries and China. We help our clients in the creation and perfection of
security interests in many different types of collateral in multiple
jurisdictions, such as taking security over assets, and stock pledges and
security interests over both tangible and intangible assets. |
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| DeHeng lawyers have represented purchasers, lessees, lessors, lenders, and
other participants in a broad range of transactions to finance the
acquisition of transportation, manufacturing, high-tech, and industrial
equipment. Our attorneys have accumulated an extensive body of knowledge in
the substantive laws affecting big-ticket equipment leasing and financing
transactions both in China and overseas. |
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| DeHeng Finance Practice Group consists of leading experts in the area. Our
team represents both financial institutions (in their various capacities as
arrangers, underwriters, placement agents, investors, etc.) and corporate
issuers in connection with the issuance of bonds, notes, commercial paper,
and other capital market instruments. Some of transactions the DeHeng team
has represented are among the largest in the Chinese capital market. The team
also has extensive experience in securities listing in a country outside the
jurisdiction of incorporation of the issuing entity. DeHeng has advised a
broad range of clients in this sector in matters related to securities
products, securities transferring, security law compliance, among many others. |
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| DeHeng Banking and Finance Practice Group represents both financial
institutions and corporate borrowers in every aspect of loan transactions.
These transactions include single bank loans and credit facilities (ranging
from short-term unsecured facilities to global banking facilities involving
multi-jurisdictional collateral), bilateral loans, syndicated loans, and
participations, and are typically comprised of term loans, revolving loans,
letter of credit facilities, and/or bid loan facilities. DeHeng also
represents financial institutions in their capacities as agents, senior
lenders or other syndicate members, sellers or purchasers of participations,
and assignors or assignees of direct loan interests. DeHeng lawyers advise on
and document lending transactions, counter-trade and barter transactions, and
facilities for documentary letters of credit, collections, bankers'
acceptances, silent confirmations, forfeiting, and credit insurance. |
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| Financial Services Regulation |
| DeHeng regularly advises financial institutions (commercial banks, investment
banks and securities firms, insurance companies, etc.) and corporate entities
and clearing organizations with respect to all aspects of banking and
finance, insurance, and other regulatory and commercial issues at the local,
national, and international levels. |
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| E-Commerce Related Finance |
| DeHeng assists clients in the development, financing, and acquisition of all
forms of electronic services and products, and in structuring internet
facilities consistent with global commercial, securities, and banking laws.
DeHeng counsels clients on the conduct of B2B, B2G, and B2C e-commerce and e-
finance on a global basis. |
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| DeHeng has represented a full range of parties to bankruptcy, debtor/creditor
disputes and other proceedings on a regional, national, and international
basis. Some of the cases we have helped for clients are among the most
complex types, which are across different jurisdictions, and have been
transferred between different creditors. DeHeng represents secured lenders
and unsecured creditors, debtor companies, investors, insurance companies,
and equity holders. Our creditor clients include corporate shareholders,
general and limited partnerships, as well as creditors' committees,
bankruptcy trustees, and parties to assets and ownership transactions.
Because of our firm's broad areas of specialists, DeHeng lawyers are
especially experienced in satisfying the demands of large-scale,
international cases. |
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| We advise on insurance, reinsurance, and all aspects of risk management
worldwide. We regularly handle large and complex transactions and disputes
using the resources of our international network. Whatever the risk or
problem, we can provide legal analysis and solutions by adopting a holistic
approach to your issue. |
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| DeHeng is recognized as one of the most prestigious firms in China in the
area of criminal defense. DeHeng lawyers have successfully defended hundreds
of clients in criminal litigations, many of them widely publicized, and
regarded as the "influential cases" in China. DeHeng lawyers represent
criminal defendants through all levels of jurisdictions, ranging from local
District Court to Supreme People's Court in China. |
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| Civil & Commercial Litigation |
| DeHeng has successfully assisted our clients to retrieve billions of RMB in
civil and commercial litigations. Our attorneys' broad expertise give us
strong advantages in helping our clients protect their civil rights and
financial interests. |
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| Administrative Litigation |
| DeHeng lawyers have extensive experiences in representing both government and
claimant in administrative litigations. Recently, DeHeng was selected by the
Department of Finance of P. R. China as its legal counsel in dealing with all
its administrative legal affairs. |
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| DeHeng lawyers have experiences in representing clients both in China and
other major arbitration centers of the world. We are one of the few firms in
China with extensive expertise in international arbitration. Our lawyers
successfully represent clients in domestic arbitration centers, such as
CEITEC, as well as in international arbitration centers, such as ICC
arbitration court, SIAC, etc.. |
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| Alternative Dispute Resolution |
| ADR is a rapidly evolving practice area in China, and DeHeng has been a
pioneer in the area. We give our clients more options than the typical
lawyer's solution? We are not just lawyers, but solution providers for the
best interests of our clients. |
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| We offer an integrated service for a broad range of IP issues throughout our
global network. Our practice handles all aspects of contentious and non-
contentious IP issues, including purchase, sale or licensing of IP rights, as
well as trademark, copyright and patent registration and advice, enforcement
of IP rights, and anti-piracy litigation. We also handle internet and domain
name issues, media and advertising law, packaging, labeling, food and drug
regulatory requirements, manufacturing and distribution agreements,
franchising, trade secret protection, and data protection. |
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| We assist our clients in determining whether their intellectual property is
or can be protected by copyright and, where registration systems exist, we
provide counseling on registration and other steps that can yield significant
advantages in licensing and protecting copyrights. Copyright protects the key
rights in industries from software to games to music, each of which raise
issues related to protection, licensing, and enforcement. The professional
services we provide include: advising on copyrightability of all types of
subject matter; searching copyright records in exploration of ownership and
protectability issues; advising on prospects for registration and use of
registration in litigation; advising on proper use of copyright notices;
negotiating and drafting agreements governing the creation, licensing,
purchase or sale of copyright material; drafting license agreements and
releases; drafting work for hire agreements, assignments and releases;
advising in relation to infringing use; litigating copyright disputes. We
also provide advice and assistance in activities to improve and amend
copyright legislation. |
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| Our network of world-wide offices and correspondent firms assists clients in
establishing, maintaining, and enforcing trademark rights on a global basis.
We provide practical guidance and precision in different language translation
and other services needed during the local registration process. Rather than
simply communicating problems and impediments, we create solutions. Typical
projects in the trademark area of our practice include: advising on the
selection and suitability of marks for registration; searching prior
registrations and applications; advising on the prospects for obtaining
registration; translating word marks into languages that do not use the Roman
alphabet; filing applications for registration; conducting opposition
proceedings; advising on proper use of trademarks in packaging, labeling,
advertising in print and electronic media; renewing registrations;
registering license and user agreements; advising in relation to infringing
use; taking deregistration actions against rival marks that have been
improperly registered or not used. |
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| DeHeng patent lawyers have a wealth of experience in the patent laws of their
own jurisdictions and in the international laws and conventions that govern
the procurement and enforcement of patents worldwide. Our lawyers have
extensive experience in representing clients before the court and the IP
administration in connection with all aspects of obtaining, prosecuting and
maintaining patents. |
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| IP Enforcement & Anti - Piracy |
| Our IP team has helped one of our clients to gain one of the biggest IP
damage rewards in China. Our IP enforcement and anti-piracy expertise extends
to all types of intellectual property, including trademarks, copyrights,
patents, designs, trade names, trade dress, trade secrets, and unfair
competition. Typical projects in this area include: organizing systematic
publicity, public education, and infringement warnings; working with private
investigators and government enforcement agencies to obtain evidence of
infringing use; conducting civil litigation against infringers; assisting
government enforcement agencies to prosecute and take administrative action
against infringers; negotiating with infringers to resolve disputes using ADR
techniques; lobbying governments to improve IP laws and take more effective
enforcement measures, among many others. |
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| DeHeng is one of the pioneers in China in the area of electronic commerce.
Our electronic commerce legal service ranges from helping to draft government
policy, to implementing first-of-the-kind projects, to practical, day-to-day
e-commerce legal assistance and contract drafting on a variety of issues. We
recognize that the opportunities and risks of the new electronic methods of
doing business affect all types of enterprises, and the impact crosses all
legal disciplines. From the banking and insurance industries to traditional
manufacturing and distribution businesses, we assist clients with issues
relating to electronic transactions, cross-border data transfers, security,
electronic regulatory compliance issues, e-tax issues, domain name issues,
copyright, patent, and intellectual property issues, information technology
issues, encryption export regulations, online advertising, internet-in-the-
workplace issues, and cross-border e-commerce issues. |
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| Our IT practitioners have vast experience advising domestic and multi-
national companies with technology issues concerning complex licensing,
distribution, OEM, reseller, and other major transactional matters. We have
assisted software companies, hardware companies, and companies comprising
every buzzword category in e-commerce: B2Cs, B2Bs, B2Es, B2B2Cs, ISPs, EDI
companies, infrastructure providers, and e-commerce enablers. Our IT
practitioners have advised clients on virtually every form of IT
transactions, including licensing and distribution, hosting agreements,
outsourcing, software development deals, joint ventures, strategic alliance
deals, and systems procurement. We have unparalleled experience with cross-
border IT transactions. |
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| DeHeng's Media and Entertainment practitioners have in-depth knowledge in all
areas of broadcast and media regulation. Our clients include national culture
institutions, book publishers, trade associations, and music, film, and other
content providers. We recognize the great opportunities and challenges in
China's media market and have cutting-edge researchers to help our clients
follow the regulatory changes, even advising them on how to take advantage of
windows of opportunity. With our extensive experience in investment
structuring, we are especially suited to helping our clients to select an
optimized strategy to access the Chinese media market. |
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| The DeHeng team advises new entrants and incumbent telecommunications
operators, governments and regulators, equipment suppliers, service providers
and users on a wide range of legal and regulatory issues. Our practice
includes advising on licensing, contractual advice and negotiations in
relation to network build, outsourcing, equipment and software supply,
service provision among many other issues. We also have extensive experience
in regulatory disputes. A significant part of the practice involves advising
on securities, vendor and project financings, acquisitions, disposals and
joint ventures in the telecommunications sector. This includes
privatizations, private equity transactions, insolvency, and restructuring
issues. |
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| Real Estate, Construction, Major Projects |
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| Our real estate team has experience in all aspects of property development,
sales, acquisitions, leases, and the provision of security in the commercial,
retail, industrial and residential as well as mixed-development markets. Our
practice includes: advising and drafting property-related security documents
including debentures, mortgages, and rental assignments; advising on all
aspects of Landlord and Tenant law, particularly rent reviews and property
management; designing and undertaking required due diligence investigations
to identify and quantify commercial risks associated with real estate
transactions; structuring and strategizing including initiatives to minimize
or eliminate taxation and other duties; advising on planning, environmental
and rating issues, undertaking planning appeals, dealing with local
government and quasi-government bodies, and keeping at the forefront of
developments in law relating to planning development and contamination;
advising on and coordinating major development and construction projects
including site acquisition, funding, letting, disposal, etc.. |
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| Construction & Major Project |
| Serving as the general legal counsel of China Three Gorges for ten years,
DeHeng has showed its leading position in the country in the Construction and
Major Project legal service area. With broad knowledge and experience in
serving the construction industry, we cover all stages of construction and
engineering projects including project structure, feasibility work, contract
documentation and related securities, contract administration, advice during
design and construction, and dispute resolution- including the various forms
of Alternative Dispute Resolution (ADR). We advise in all project types
including: Commercial Offices, Hotels, Retail Center, Industrial
Construction; Telecommunications, Software, and Technology projects;
Engineering, Infrastructure, Transport, Power Projects, and Major Residential
projects, among others. |
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| Activities with the potential to impact upon the environment are regulated by
a range of international, national, regional, and local laws. DeHeng is
dedicated to assist clients in relation to both local and cross-border
issues. We assist clients in obtaining environmental approvals, including
planning consent and pollution licenses, and with the submission of impact
studies and environmental management programs. We also have experience in
laws and regulations on re-development of contaminated sites, and as well as
in making potential liability sites into assets. |
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| Our Tax Practice represents clients on both domestic and international
levels. Our services are both preventive and remedial. We help clients to
avoid tax pitfalls, as well as assist in effective structuring of
transactions for optimized tax consequences. We also represent clients'
interests in contested tax proceedings. |
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| We develop and advise on tax planning strategies for companies adopting
internet-based business models. This representation includes companies whose
business model depends primarily on delivering goods and services utilizing
the internet, companies operating in more traditional sectors which are
adopting the communications efficiencies of the internet to create business
process efficiencies, and software, hardware, and other companies who employ
E-business models. |
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| Our tax practitioners aim at helping both Chinese and foreigners plan their
individual tax, achieving the greatest benefit of sophisticated tax planning. |
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| Our tax practitioners advise corporations on how to avoid making mistakes in
complying with the ever more complicated national, international, and local
tax regulations. Our representation covers the income tax, VAT, business tax,
property, taxes in equity transactions, and other types of tax the
corporation may encounter during their operation. |
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| International Trade & Investment |
| DeHeng has broad experience in advising clients on a full range of trade and
investment law issues, including all aspects of customs work: from import and
export duties, to preferential treatment, to tariff suspension, to trade
defense measures, to anti-dumping and countervailing duty actions, as well as
actions against unfair trade practices. |
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| International Litigation & Arbitration |
| International disputes are sharply increasing as businesses expand into
foreign markets to compete in the global arena. Litigating or arbitrating
across national borders is often legally complex and difficult to predict,
and requires experience and lawyers with multiple-jurisdictional legal
training to coordinate and implement an effective litigation or arbitration
strategy. Many of our lawyers have been trained in North America, Europe,
Australia, and other countries, and they have broad experience in cross-
boarders litigation and international arbitration worldwide, especially in
the USA and Europe. Our expert team can assist and represent our clients in
resolving all types of commercial disputes through litigation and arbitration
globally. |
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| We advice clients on every respect of maritime law, involving boats, ships,
seamen, longshoremen, yacht brokers, marine suppliers, and for any incident
that occurs on the water. |
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| Anti-Dumping, Anti-Subsidy and Safeguard Measure |
| DeHeng has extensive experience in the areas of antidumping and
countervailing duty investigations in both Europe and America. As early as in
1994, we had successfully represented Chinese companies in portable lighters
anti-dumping case before the United States Department of Commerce, the United
States International Trade Commission. |
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| With China? accession to WTO, DeHeng has lead the way in China's WTO
practice and study. DeHeng created the group of WTO specialist to provide our
clients with resources necessary that will take full advantage of existing
WTO rules, and of new opportunities presented during future realizations of
multilateral trade negotiations. DeHeng has sponsored WTO law forum, among
the first in its kind and was widely recognized for its importance, to
explore the opportunities and challenges of the impact in China. |
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| successfully manage their EU-related legal issues. Our experts are well-
recognized legal experts in EU legal practice, and will provide our clients
with top quality legal services for their EU-related business and non-
business activities. |
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| Localization & Immigration |
| The DeHeng immigration law team consists of experienced practitioners who
represent clients on a wide range of immigration, nationality, and consular
law issues. The group handles all aspects of immigration matters, especially
for USA, Europe and Australia. DeHeng handles all types of immigration
matters and has represented clients ranging from the largest multinational
corporations to individual clients. We service both foreign and domestic
corporate clients for their needs to transfer personnel to China or overseas.
We also serve individuals from most corners of the world. The diversity of
representation, both in scope of business and geographical location, gives us
an insight into the best approach on any given matter in the field of
immigration. |
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| DeHeng lawyers have extensive experience in the field of administrative law.
Recently, DeHeng was selected by the Finance Ministry of of P. R. China as
its legal counsel in dealing with all its administrative legal affairs. |
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| Government procurement is a special field in China. Government is an
administrative authority, and when participating in civil and commercial
transactions, must comply with the normal civil and commercial laws as well
as the special regulations enacted for the transaction. Our attorneys have a
deep understanding of the process of government procurement, as well as
practical experience in helping our clients to secure their best interest in
the process. |
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| DeHeng advises on the entire process of tendering & bidding, ranging from the
preparation of bidding documents to the execution of contract. Having
counseled many, many major projects, including the largest project in China -
the Three Gorges Project, DeHeng lawyers have substantial experiences in this
field. |
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| Being part of our contributions, we regularly provide free legal support to
the "Social Vulnerable Group". Our services include general advice,
representing before court or administration, etc.. |
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Copyright © 2003 DeHeng Law Office. All rights reserved. |
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