Clarifying Commercial Legal Logic, Exploring Strategies to Break Through Barriers — Dehe TALK Session 15 Held

Dehe TALK, a key segment of the 20th Anniversary event series of Shanghai DHHT Law Firm, is designed to facilitate in-depth exchanges on cutting-edge theories and practical issues through thematic sharing, lawyer dialogues and other forms.

On October 23, 2026, the 15th session of Dehe TALK, part of the 20th Anniversary series of Shanghai DHHT Law Firm, themed “Commercial Legal Logic and Strategies to Break Through Barriers — Case Analysis of Disputes over Shareholders’ Liability for Harming the Interests of Company Creditors”, was held. Hosted by the Hefei Office of Shanghai DHHT Law Firm, this event featured discussions on commercial adjudication logic, the corporate veil-piercing doctrine, and litigation strategies for relevant cases. It aims to deepen lawyers’ understanding of adjudication rules and case-handling approaches, and offer practical references for resolving related commercial disputes.

Lawyer Gao Chang, Partner at the Shanghai Office of Shanghai DHHT Law Firm and Co-Director of its Shanghai Commercial Dispute Resolution Committee, delivered a thematic presentation on the event’s topic. Starting with the differences between civil and commercial mindsets in case handling, she sorted out core commercial legal principles including profit and efficiency, appearance and public notice, and priority of transaction security, with reference to the current Company Law and the Minutes of the National Court Work Conference on Civil and Commercial Trials. She further interpreted adjudication thinking from three dimensions: value, methodology and norms.

Focusing on Article 23 of the Company Law, she analyzed constituent elements such as abusive conduct, debt evasion, substantial harm and causation, and drew attention to the reversed burden of proof applicable to one-person limited liability companies. Drawing on a case involving an overseas sole manager’s failure to file declarations and Guiding Case No. 15 of the Supreme People’s Court concerning confusion of corporate personalities, she dissected key criteria for finding the “three types of confusion” – confusion over personnel, business and finances. Using the Nine-Step Adjudication Framework based on Constituent Elements as her structure, she shared a four-step “shield-breaking” approach for creditors and a four-step defense strategy for shareholders, offering practical guidance for handling such cases.

During the Q&A session, participating lawyers exchanged views with Lawyer Gao Chang on doubtful and challenging issues encountered in case handling, and further discussed the application of relevant rules in light of real-world practice.

Centered on commercial adjudication logic and focusing on constituent elements, evidence review and litigation strategies for corporate veil-piercing disputes, this event helped participating lawyers systematically organize their case-handling workflows from statutory interpretation to case analysis. It also created an opportunity for the Hefei Office and Shanghai Office of Shanghai DHHT Law Firm to deepen professional exchanges and strengthen business collaboration in commercial dispute resolution. Going forward, Shanghai DHHT Law Firm will continue to advance professional research and cross-office collaboration in commercial dispute resolution, steadily enhance its comprehensive legal service capacity for complex commercial disputes, and deliver more tailored legal services to clients.