Formosa Transnational Attorneys At Law

On 7 October 1974, K.C. Fan, John C. Chen, Paiff Huang and Hau-Ming Rai established Formosa Transnational with a shared goal of inspiring Taiwan’s legal community to improve the quality of legal service in Taiwan. They have sought to foster a sense of justice, advocated the rule of law, and promoted service to society.

For forty years, from the time when traditional industries dominated Taiwan through the rise of the Internet and ecommerce to the present emergence of biotechnology, Formosa Transnational has demonstrated and harnessed the spirit of ‘specialization, teamwork and service’. FT has always stood at the forefront of industry development assisting companies, entrepreneurs, agencies and organizations, whether domestic or foreign, to resolve the various and myriad problems that have arisen as result of technological improvements and economic growth. This assistance has helped many of FT’s clients to achieve the goals they set and has enabled authorities to facilitate industrial advancement and continued economic prosperity.

1.Litigation and Arbitration

Formosa Transnational (FT) has for so long been highly respected in the field of litigation, that even Taiwan judges and attorneys frequently praise the quality and cautious handling of dispute resolution by FT attorneys. Regarding the alternative form of dispute resolution-arbitration, FT attorneys, with many years of arbitration experience, utilize the professional skills and experience

so as to deliver high quality legal services to clients.

As the demand for specialized legal services has increased steadily over the years, Formosa Transnational formed its dispute resolution department in order to focus on litigation and arbitration.

FT’s founding partners and partners have extensive litigation and arbitration experience, and provide professional and multi-faced litigation and arbitration services.

2.Transactional and Commercial Matters

At its establishment, Formosa Transnational focused predominantly on litigation and dispute resolution and has gained widespread recognition and respect amongst legal professionals for its outstanding quality of services and its cautious approach towards handling cases. Employing the same excellence and spirit, FT has in the past 40 years made significant contributions to Taiwan by assisting with national competitiveness and by providing commercial legal advice in important matters such as inbound and outbound investment, mergers and acquisitions, banking, finance and securities, maritime issues, insurance, labor and employment, tax issues, company law, fair trade law, intellectual property rights and consumer protection laws to ensure that Taiwan’s economic development continued and that Taiwan took its place as a leader among the international trading nations.

FT has many legal experts who are proficient in handling investment and taxation related cases. FT attorneys have assisted domestic companies with overseas investment as well as helped foreign companies with investments in Taiwan, and have proven time and again competently able to provide multi-faceted, comprehensive legal services in connection with applications for outbound investment, withdrawal of investment, mergers, technical cooperation, licensing, business entity establishment, business operations, drafting and review of contracts, and planning.

Enterprise mergers and acquisitions are now a common means utilized to achieve a certain scale of economy and to increase competitiveness or to diversify into unfamiliar businesses or to expand business into other countries. In addition to the fact that FT attorneys possess knowledge and experiences in enterprise mergers and acquisitions, FT maintains long-standing and close relationships with reputable international law offices in Europe, the Americas and Asia and provides effective services to clients both domestic and foreign that desire to achieve cross-border mergers and acquisitions.

In addition to assisting domestic and foreign clients with investment plans and legal counsel regarding mergers and acquisition, FT provides advice regarding relevant company laws and regulations, including that associated with valid and effective management and operational matters. The scope of legal services provided by FT in this regard includes advice related to the requirements for general shareholders meetings, directors meetings, meeting of directors and supervisors, managers and other related legal consultation. FT also advises clients regarding the labor laws, employment agreements, workers’ compensation, severance, and retirement payments, among a host of other matters. FT has practical experience in these areas in particular, and in December of 2001 was invited by the Council for Economic Planning and Development to participate in the “Comprehensive Amendment Project for the Company Law and Related Regulations”. FT provided substantive draft amendments to be used as a point of reference for Taiwan’s future Company Law.

Formosa Transnational attorneys have extensive expertise in banking, finance and securities. FT provides domestic and foreign clients comprehensive legal services in connection with the establishment of new banks, bank branches and representative offices, all different types of syndicated loans, guarantees, trusts, foreign currency exchanges, Letters of Credit and International Payments and Receipts as well as other matters arising from financing, the stock exchange and securities.

In order to maintain the market equilibrium, promote free trade and protect transactional order as well as the rights and interests of consumers, most nations value restrictions against engaging in acts of unfair competition. In recent years, FT has dealt with many cases involving Taiwan’s Fair Trade Law. This Law deals with issues such as monopolies, mergers and acquisitions and concerted actions or any other acts that might constitute unfair competition. FT advises clients regarding the requirements and restrictions stipulated by the Fair Trade Law and represents clients in matters before Taiwan’s Fair Trade Commission.

Additionally, FT provides legal services in transactional commercial matters related to international trade, Crossstrait trade, insurance matters, tax advice, administrative relief, and consumer protection.

In addition to being experts in the related laws, FT’s professional team handling transactional matters possess high levels of English and Japanese language proficiency and most hold at least a masters degree in law from the U.S, Japan, the UK and Germany. This allows Formosa Transnational to provide world-class commercial legal services in a professional, efficient, timely and comprehensive manner.

3.Technology Law

Science, technology and the Internet have been developing at a progressive rate with breakthrough advancements made almost daily. Along with the emergence of new industries, traditional industries have become increasingly innovative and creative in order to keep abreast of current fashions and trends. Formosa Transnational knows that “innovation” is the prime necessity for the continuous survival of companies and has integrated a team of experienced litigation attorneys, IP experts and patent engineers from various technology fields to form a Technology Law department that assists clients in research and development and in protecting the fruits of their long term research and development efforts.

The Technology Law department at FT consists of an elite team of highly qualified and experienced attorneys and technicians. The team often assists clients with comprehensive intellectual property management (IPM) strategies, IP due diligence, composition of IP portfolios, and risk minimization at reasonable costs in order to increase the value of the company by IPM.

When assisting clients with the formulation of integrated IP policies, FT assists clients establish and implement major IP policy principles and detailed execution procedures and projects to ensure achievement of IPM’s strategic goals. Formosa Transnational plays a vital role in the product research and development and marketing, and advises clients on strategies that can be employed to preserve and protect the client’s high value IP.

Formosa Transnational’s Technology Law department specializes in complex IP and technology litigation associated with patents, trademarks, copyrights, trade secrets, covenants not to compete, and unfair competition and has earned recognition across the industry. FT provides timely and quality advice while clients concentrate their efforts on utilizing their technology, brands and creativity to achieve the greatest benefits for clients.

The Technology Law department team at FT can assist clients, whether operating in the high tech or the traditional industries, that seek to innovate their research and development and to create high value IP.