Author Archives: yongfu

Five Straight Years as Super Lawyers Rising Star

Ms. Jiang is once again selected as Super Lawyers Rising Star for 2019, an honor reserved for only 2.5% of lawyers who exhibit excellence in practice in their early years.

Ms. Jiang was first selected to the Ohio Rising Starts in 2015. Since then, she has continued the pursuit of excellence in the legal profession and has been selected as Rising Star continuously since.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Ms. Jiang is admitted to practice law in Ohio, New York, Michigan and Illinois. Since 2009, she has focused her practice on several legal areas including corporate law, real estate, immigration, intellectual properties, and litigation. We congratulate Ms. Jiang for her excellent work in these ever changing legal fields.

A Complete Success in Court of Appeals for the Sixth Circuit

On September 27, 2018, the Sixth Circuit affirmed the US District Court for the Northern District of Ohio’s ruling on all aspects in Rui He, et al. v. Davor Rom, et al. Case No. 17-3411. This marked a complete victory for Plaintiffs in this case. Plaintiffs-Appellees were led by attorney Lei Jiang in this appeal.

The case was initially filed as a class action. It is related to real estate. Defendant-Appellant Davor Rom and his various companies sold over three hundred (300) distressed real estate properties as highly lucrative investment opportunities to foreign investors from six continents. It was a large-scale fraudulent scheme which harmed more than 140 investors.

Subsequent to Sixth Circuit decision, Defendants-Appellant filed en banc rehearing request. Defendants can also try to petition U.S. Supreme Court for hearing.

This is a very complex case involving a large amount of electronically stored information and international transactions, many parties, numerous linked parts, and intricate schemes. If your case is this complex and the stakes are this high, you certainly need a skilled litigation law firm to represent you. Please contact us.

Successful Criminal Defense in a Michigan State Court

On April 27, 2018, one of our cases was dismissed by 67th District Court, Case no. 17TA0776. Our client was charged with a felony crime. After good effort on part of the attorneys, we successfully got the case dismissed. The client is free of all charges.

Our client is exuberated over the result. It is especially important due to her immigration status. Thereafter, she gave our legal service a “5” star rating. To see other clients’ rating of us online, please go to https://www.avvo.com and find attorney Lei Jiang. More than 50 clients have rated legal service provided by our lead counsel, Ms. Lei Jiang, a five star service!

Whether it is a criminal or civil case, we handle your case with uttermost care and best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

 

A Possible Path for International Entrepreneurs

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would take steps to implement the International Entrepreneur Rule (IER) in accordance with a court decision on December 1, 2017.

IER was published during the Obama administration to provide an unlimited number of international entrepreneurs a new opportunity to apply for parole, enter the U.S. and use American investments to establish and grow start-up businesses.

Since this is parole, it is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis. Moreover, the Trump administration has made it clear that parole should be used scarcely.

While DHS implements the IER, it is also proceeding with issuing a notice of proposed rulemaking seeking to remove the IER.

Four straight years being rated by Super Lawyers

Ms. Jiang is once again selected to Super Lawyers Rising Star in 2018, an honor reserved for only 2.5% of lawyers who exhibit excellence in practice in their early years.

Ms. Jiang was first selected to the Ohio Rising Starts in 2015. Since then, she has continued the pursuit of excellence in the legal profession and has been selected as Rising Star continuously since.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Since being admitted to the Ohio bar in 2009, Ms. Jiang has focused her practice on several legal areas such as corporate law, real estate, immigration, intellectual properties, and litigation. Passion has always been a key ingredient in Ms. Jiang’s practice. “It is hard work,” Ms. Jiang agrees, “but I love it because I can help, because it is rewarding, and it is also intellectual stimulating.” We hope Ms. Jiang continues this track of excellence and be a leader in these ever changing legal fields.

Changes to Direct Filing Addresses for Form I-129 Petitions

On October 12, 2017, USCIS changed the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:

Petitioners now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.

Petitioners located in Florida, Georgia, North Carolina and Texas now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

Good Outcome in another Criminal Case

Our client, an International student, is satisfied with the outcome of his criminal case. The case, State of Ohio v. Chen, Case No. 17CRB00347, was prosecuted at the Oberlin Municipal Court. Our client was charged with two first-degree misdemeanors — assault and domestic violence. Such charges, if convicted, would result him to be immediately deported.

A unique fact in this case was that the client admitted the wrong and much more when he was confronted by the police officers. Thus, his admission was the most fatal fact in the case.  After motion to suppress and suppression hearing, the court ruled that his admission would not be excluded. The case was scheduled for the trial and we were prepared for going forward.

But in the final pretrial, the prosecution offered a charge that was much less in severity. The Client decided to take the plea bargain.  The reduced charge will not affect client’s visa and his stay in the United States. Thus a satisfactory result for the client.

Even though we were prepared for trial, the client must make all important decisions, such as taking or rejecting the plea bargain, as it was in this case.  Trial is risky. If defense wins, the client wins all, if defense loses, the consequence could be huge.

If you need a criminal defense attorney, please contact us. The initial consultation is free.

A Successful Settlement in a Personal Injury Case

On February 24, 2017, parties settled in the case captioned as Robert Parker et al. v. Erie Insurance et al. Case No. 2016 CV 02780, pending in the Montgomery Common Pleas Court. It is a personal injury case and our firm represented a defendant. Plaintiffs alleged bodily injuries, such as back injuries, from a car accident. We reviewed extensive medical records. After depositions and mediation, parties were able to settle the case before the trial.  Our client only needed to pay a nominal amount of money. The client is very satisfied with the result.

Every personal injury case is different. The value of your claim depends on many factors. Some are concrete, such as medical bills and lost wages. Others are harder to determine, such as pain and suffering.

In this area, we represented both Plaintiff and Defendant in the past. When you hire us to pursue your claim, we will go over every detail of your case to make the best possible estimate of how much compensation you should receive for your injuries. In general, relevant factors that determine the amount of a settlement demand include:

  • The nature of your injuries
  • The extent of your injuries
  • What medical treatment you have received and will need in the future
  • How much time you lost from work or will lose in the future
  • Whether you have suffered emotional distress
  • Whether your familial relationships are affected by your injuries
  • Whether you have suffered any disability as a result of your injuries
  • Whether you have been disfigured by your injuries
  • How much evidence to support your claim
  • How much insurance is available to compensate you for your injuries
  • Whether you shared any responsibility in causing your injuries

Most personal injury cases end with settlement. Thus a lawyer skilled in settlement is critical to your success. If no agreement can be reached, we will proceed with a lawsuit or trial.  In either scenario, our vigorous approach will ensure an ultimate success of your claim.

If we represent defendant in a personal injury case, we will try to minimize the damage.  Whether prosecuting or defending, we put the same effort to get the best result for you. If you want a competent law firm to handle your injury case, please contact us. The first consultation is free.

Another Successful Case in Federal District Court

On January 23, 2017, an order was delivered in a case captioned as IIP Cleveland Regeneration, LLC, et al. v. Zhenfen Huang, et. al., Case No 1:16 CV 2673, pending in the U.S. District Court for Northern District of Ohio. Our firm represented the defendants in this case.  After vigorous defending, the District Court dismissed plaintiffs’ complaint.  This results a total and complete victory for our clients.

This case had not lasted long. After plaintiffs filed their complaint, we immediately responded with a motion to dismiss.  This was because the complaint was poorly written, without any factual substance and legal basis. Plaintiffs then amended their complaint, significantly altered the initial landscape of the complaint, even added additional defendant in an effort to boost their case.  We quickly filed a second motion to dismiss.  In the end, legal fiction, no matter how voluminous it seemed, could not save plaintiffs’ ill-conceived complaint.  The district court agreed with us and dismissed this case.

Whether prosecuting or defending, we handle your case with uttermost care and best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

Mergers and acquisitions (M&A) 2016 year-end review

Overall trend. The mergers and acquisitions Lei Jiang LLC handled in 2016 are mostly global in nature, involving Asia Pacific companies as buyers and American companies as sellers. The dominant buyers are again Chinese companies. But we see different Chinese buyers, including Chinese private equity firms, publically listed companies, and even private owned companies. The traditional outbound M&A was dominated by Chinese state-owned enterprises. The new trend signaled a broader bases, bigger appetite, and increased capacity for Chinese companies to acquire U.S. companies.

Although this new array of buyers has very short track record of cross-regional M&A, they have showed some experience and are comfortable in the deal. From our dealing with these customers, we have discerned factors behind this buying spree. They are 1) to boost the growth rate of the company, 2) lack of domestic targets for acquisitions, and 3) ease of the restrictions on finance.

Implications for U.S. companies. U.S. companies should consider Chinese companies as legitimate partners and buyers if they want to fully utilize the value. First, Chinese companies normally pay higher premium in acquiring U.S. companies. They take into consideration of the long term development and potentials. Second, consistent with Chinese culture, Chinese buyers place high value on the relationship with the management before, during and after the transaction. Moreover, in the M&A we handled in 2016, all Chinese buyers have retained the management team and given generous compensations to the U.S. teams. Finally, according to Forbes, by the end of August 2016, China was so far the top acquirer of foreign companies. If the trend continued to the end of year, China would unseat the USA for the first time since 2006. Thus, U.S. companies simply cannot afford to ignore this group of acquirers.

Implications for Chinese/Asia Pacific companies. As mentioned, Chinese companies typically adopt a longer-time investment evaluation, causing them to pay a relatively higher premium. Moreover, paying premium to retain the target’s management team shows that Chinese companies are not familiar with the dynamics of the overseas market and are not capable of running the target initially. Still, cross-regional M&A can be a value enhancing strategy for Chinese companies. If it fits their long-term strategies, in the long run these companies will gain a competitive advantage in the global market.

Lei Jiang Law Firm has successfully concluded several M&A deals in 2016. Some are still in the process. We are proud to provide top-notch M&A services to our clients. Our team are skilled in cross-regional M&A. We understand the cultural difference, language nuance, and different regulatory requirements. We are here to make it happen.