Taiwan

Review

Dispute resolution
Chen & Lin

Chen & Lin is recognised for its work across the dispute resolution spectrum with extensive experience in white-collar crime and intellectual property (IP) litigation. Key members of the firm include Che-Hung Chen, who focuses on commercial litigation and IP-focused partner Shelly Chen. Edward Liu has been active in trade secret disputes. 

In a highlight matter, Chen & Lin acted in a hostile takeover case for a tire manufacturer. The client planned to take over another company and began its actions, involving the initiation of legal proceedings. The firm, as lead counsel, advised the client in every proceeding, which included the very first case where the new IP and Commercial Court granted a preliminary injunction.

Another notable case is related to trade secrets, where the team represented a securities trading company. The client’s former employee illegally replicated the client’s trade secrets before his employment was terminated. The firm represented the client in a criminal proceeding to file a criminal complaint, and successfully persuaded the investigation bureau to conduct a search and seizure at the defendant’s premises and secured the required evidence.

Also, the firm assisted a well-known social media company in a tort claim. The client runs one of the most famous social networking services in the world and its Taiwanese subsidiary got sued by its user who alleged that his right was unlawfully infringed because his account was blocked.  The firm defended the client’s Taiwanese subsidiary, setting forth a clear boundary that such Taiwanese subsidiary does not operate the service and should not be the one sued.

Eiger

Clients seek Eiger for its expertise in litigation, arbitration and crisis-management. The firm represents clients before domestic and overseas courts and arbitral tribunals. Partners John Eastwood is a key litigator in the firm’s IP and employment practice, and Heather Hsiao is an expert in employment and white-collar crime.

All cases the firm worked on during the research period remain confidential, but the cases highlighted the firm's strengths in commercial litigation and arbitration matters, as well as intellectual property and labor disputes.

Notable clients include Prada, Tiffany, TOMS and World Family English in matters related to IP infringement.

Formosa Transnational

Market watchers praise full service law firm Formosa Transnational for its exceptional dispute resolution and IP practice. In commercial litigation matters, the firm advises clients in the banking, construction, energy and media sectors. Active in commercial and transactions’ disputes, Georgia Chang is a key individual.

Formosan Brothers

Founded in 1997, full-service law firm Formosan Brothers is strong in antitrust, commercial and transactions, construction, labour and employment, IP and product liability disputes. Commercial litigator Yvonne Lin, IP-focused Jessie Lee, construction dispute specialist Chiu-Hua Chen and labor expert Li-Pu Lee jointly head the firm.

The firm had a busy year dealing with antitrust matters, providing legal services to a semiconductor company regarding the administration of antitrust lawsuit settlement deals with the Taiwan government. The projects invested in by the client are expected to create more than 2,000 jobs. They would also provide funds for R & D development in Taiwan’s universities.

Another notable case had the firm support a German multinational automotive corporation in a dispute over a headlight design patent. The case was significant as it led to a public discussion of the Repair Clause. Also, the firm advised a Taiwan leading ready mixed concrete company on sanctions for concerted actions. The concerted actions involve almost all the major ready mixed concrete companies in Taiwan.

In labour and employment, the team acted for an American clothing brand and retailer in a dispute over refusal of transfer of work location, and acted for a Taipei passenger transportation company in disputes with its employees over retirement payment and severance payment.

Lexcel Partners

Supported by a robust commercial disputes practice, Lexcel Partners is lauded for its involvement in large disputes connected to finance, investment and labour and employment. Partners David Tsai and Kang-Sheng Liu are key litigators in the firm’s commercial and transactions practice.

Lin & Partners

Lin & Partners is acknowledged for its work in commercial, construction and white-collar crime disputes. The team regularly advises corporate and individual clients on civil cases and criminal investigations by government agencies, white-collar defence, and complex litigation. The team has a particular focus on government projects and administrative proceedings.

Within the team, key figures George Lin and Matthew Chen specialise in construction and commercial disputes respectively.

Over the past 12 months, the team has been busy acting in various commercial and transactions-related disputes representing contractors, operators and government agencies.

Case highlights include representing Taiwan government in the 2021 Hualien train derailment incident, representing the MRT Engineering Office, Bureau of High Speed Rail, and Ministry of Transportation and Communication in a dispute involving the construction of the Taoyuan International Airport Metro Line, and representing the Taiwan Center for Disease Control and Prevention regarding vaccines. The outcome of the latter case would be of significant public interest, as Covid-19 vaccines have been either mandated or required for travel. Given how new Covid-19 vaccines are, whether plaintiffs will be able to legally link adverse effects to Covid-19 vaccines will have a huge impact on how such litigation will be decided in the future.

Notable clients include Home Semiconductor Corporation, Ornatus Taiwan, National Taiwan University, Railway Reconstruction Bureau and Taoyuan International Airport.

Client feedback

“Profound analysis and effective strategies.” – Intellectual property

“Served our purpose well.” – Real estate

George Lin

“Well experienced and well connected so that clients are kept very well informed of case-related matters.”

Tsai Lee & Chen

Full service intellectual property law firm Tsai Lee & Chen enjoys a stellar reputation for its patent litigation practice. The clients of the firm span across the semiconductor, financial technology, artificial intelligence and pharmaceuticals sectors. IP litigator Victor Lee leads the firm. Other key names include Crystal Chen and Jesse Peng.

During the research period, the team represented TSH Biopharm to win its first pharmaceutical-patent linkage suit, helped DIC to try and overturn an unfavourable decision of the Taiwan IP Office, and advised SILOA on a transnational border IP enforcement on an e-commerce platform.

Key clients include Applied Materials, ARM, Corning, Ferrari, Microsoft, Nike, Qualcomm and Rimowa.

Tsar & Tsai Law Firm

Tsar & Tsai Law Firm’s dispute resolution team is particularly renowned for handling complex commercial and transactions and IP-related contentious matters. The team has extensive experience representing local and international clients before district courts, high courts, as well as the Supreme Court of the Republic of China.

Edgar Chen is regarded as a key individual in the commercial, white-collar, and labour and employment disputes space. Managing partner Jennifer Lin’s specialisations include intellectual property law, antitrust and corporate law. With 30 years of experience in arbitration and dispute resolution, Lillian Chu advises clients on infrastructure projects.

In 2021, the firm defended the founder of Ledi Technology, the Taiwanese licensee of the Chinese ride-hailing giant Didi Chuxing, against criminal allegations. Ultimately, one year after the court proceeding was initiated, the Taipei District Court found the defendant not guilty by reason that the prosecutor did not present sufficient evidence to prove that Ledi was substantially controlled by a Chinese entity. Due to the political tension between Taiwan and China, this type of investment dispute is expected to increase.

Key clients include Corning Display Technologies, OHL Taiwan and Sanyang Motor.

Client feedback

“The excellent advice balanced the commercial conditions and legal risk.” – Commercial and transactions

“In addition to the court activities, the pleadings they submitted were very well drafted; it not only addressed legal issues but also covered our thoughts and expectations.” White-collar crime

Edgar Chan

“Excellent communication and professional experience in lawsuits.”

“While Edgar is a very senior litigator, he has very good expertise in corporate matters and can always provide us with timely legal advice.”

Winkler Partners

The intellectual property team at Winkler Partners enjoys a reputation as one of the most successful in the market. The firm also has a growing commercial disputes practice. It boasts a roster of prominent clients from diverse sectors. Luxury goods brands, pharmaceutical brands as well as Grammy Award-winning artists seek the firm for its litigation expertise.

Christine Chen who focuses on commercial and employment disputes and IP-focused Gary Kuo are prominent figures in the team.

During the research period, the team advised a British cable satellite broadcaster in a contract dispute relating to a sports channel, and acting for a Singaporean glass manufacturer in a product defect dispute. In addition, the team advised a UK-based yacht company on a contract dispute