新《公司法》首次以法律形式确认了股东代表诉讼制度，彰显我国公司立法的进一步完善和提高，股东代表诉讼也为权益受到侵害的股东提供了新的和有效的权利保护途径。

日前，本所合伙人黄艳律师，接受香港某公司委托，代理其金额高达4亿元的股东代表诉讼。该公司十年前在中国投资房地产项目，因股东间的纠纷和矛盾致使十年来不仅没有一分回报，连巨额投资也被全部占压。该公司曾就股东法律关系与对方进行仲裁，因各种原因未胜诉，致使其权益保护陷入僵局。黄艳律师与客户共同努力，通过请教专家、查询相关案例、深入研究新《公司法》股东代表制度等，制定了以提起股东代表诉讼主张权益的方案，并对代理方案从权益主张方式、主张角度、证据组织、与生效仲裁的联系等方面进行了详细论证和充分准备。目前，该案件已在北京市高级人民法院立案，进入了正式审理阶段。

黄艳律师除了善于操作并购、重组等非诉讼法律项目外，最大的执业专长是具有非常成熟的诉讼代理经验。承接此案件前，黄艳律师已为该公司代理标的2亿元案件取得胜诉，黄艳律师丰富的诉讼经验、敏捷的庭审思维，完全得到了客户的认可。

此次大标的案件的委托和代理，既体现了客户的充分信任，也反映了本所强劲的诉讼代理能力。

Attorney Huang Yan acted as agent in case of shareholder representative litigation with large object

It was the first time that shareholder representative litigation system was established in new Chinese Corporation law. It not only shows a great improvement and completion in domestic corporative legislation, but also it provides a new way for shareholders whose rights were violated to protest their legal rights.

Recently, Attorney Huang Yan (TAHOTA Partner) was entrusted by a Hong Kong company, acted as agent in case of shareholder representative litigation with object of 400 millions RMB. The case is about that this Hong Kong company invested in a real estate project in China 10 years ago, with the disputes and conflicts between shareholders, it not only gained no profit, even the large investment was not able to take back. So the company carried on arbitration to solve the shareholders’ disputes, but with some reason it lost the case in arbitration, the right protection had reached deadlock. Owing to their joint efforts, consulting with experts, searching on related cases and studying new shareholder representative litigation system, Attorney Huang Yan successfully draped a project for right protecting and made a perfect preparation in this case. Now this case is formally hearing by the Higher People’s Court of Beijing City.

Attorney Huang Yan not only specializes in real estate purchase, tender offers, company reorganization, M&A, but also, she has a excellent ability in court debating and evidence gathering. Before this case, Attorney Huang had already acted as agent for this company in another case with the object of 200 millions RMB and won the case. Her abundant experience in court, penetrating mind was completely approved by her clients.

This case shows that we are absolutely trusted by our clients, and reflects our firm’s strong ability in litigation actions.