Xinli MaSenior Partner

  • Offices
    Shanghai
  • Working Language
    Chinese、 English
  • Professional Field
    Labor & Social Security
马鑫丽.png
  • Track Records
  • Work Experience
  • Education
  • Social Activities
Track Records

I. Negotiation

· Represented a Swedish company in negotiating the departure of its general manager from its Shanghai office, resulting in the manager's voluntary resignation and a "peaceful parting" without the company having to pay any financial compensation.

· Represented a Singaporean company in negotiating the departure of its nearly-retirement-age deputy general manager, eventually achieving a successful negotiated termination after several rounds of negotiations and tug-of-war.

· Represented a US-listed group company in negotiating the departure of its finance director, who had compliance issues, ultimately resolved the matter successfully, maintaining the company's image as a listed company in the US and domestically, and avoiding possible investigations by securities regulatory agencies.

· Assisted a multinational corporation in negotiating with an employee who suffered a work-related injury, ultimately achieved a successful settlement. The resolution of this case saved the multinational corporation hundreds of thousands of dollars in direct economic losses. Through negotiation, the company was able to avoid legal risks associated with unilateral termination, including arbitration/litigation risks, and escalating disputes.

· Provided legal services to an insurance company, helping it negotiate with the family of an employee who committed suicide at home. After multiple rounds of negotiations, the employee's family, the client, and a third-party insurance company signed a tripartite agreement that resolved all disputes and eliminated the company's concerns.

· Represented the foreign director general manager of an internationally renowned bank's subsidiary index company in negotiating his departure, ultimately signing a negotiated termination agreement after several rounds of negotiations, winning the client a compensation increase of nearly 38%.

· Represented a multinational company in separation negotiations with its general manager and chief financial officer who had compliance issues, and eventually the two successfully signed a mutual separation agreement, which not only safeguarded the company's reputation, was in line with the company's value orientation, but also greatly reduced the company's economic costs.

II. Personnel Placement Projects

· Provided legal services for an employee placement project of a joint venture company. Under the leadership of Lawyer Ma, the team implemented a client-customized plan in the shortest possible time and provided support throughout the project. The smooth implementation of the plan has significant implications for the company's compliance management and is in line with the stable requirements advocated by the country and the government.

· Provided legal services for an employee placement project for a foreign-invested automotive company involving 148 employees in 5 cities. All 148 employees were smoothly and efficiently transferred to new workplaces.

· Provided phased employee placement projects for a Taiwanese-funded enterprise in the order of regular employees, special employees (15+5, female employees in three phases, employees with work-related injuries and occupational diseases, etc.), and retained employees to achieve orderly employee placement and enterprise withdrawal.

· Provided legal services for an employee placement project for a foreign insurance company, completing plan design, government communication, agreement drafting, centralized negotiation, and all contracting within less than a month, receiving customer praise.

III. Litigation representation service

· Provided legal services for a well-known Japanese manufacturing company in a labor dispute with an employee and represented the company in appearing before the Nanjing Intermediate People's Court (the case was initially ruled for the company to pay over 300,000 yuan in compensation to the employee, but the appeal reduced it to just over 10,000 yuan).

· Provided legal services for a US-based company in a labor dispute with an employee and represented the company in appearing before the Zhuhai Labor and Personnel Dispute Arbitration Commission, Shanghai Changning District People's Court, and Shanghai First Intermediate People's Court (the final ruling was that the company had legally terminated the employee and did not need to pay any compensation for unlawful termination, and all the employee's claims were dismissed).

· Provided legal services for a Taiwanese company in a labor dispute with an injured employee and represented the company in appearing before the Fengxian District People's Court in Shanghai and Shanghai First Intermediate People's Court (the ruling was to reject the majority of the employee's claims).

· Provided legal services for a well-known Italian fashion brand in a labor dispute with an employee and represented the company in appearing before the Shanghai Second Intermediate People's Court (the final ruling was that the company had legally terminated the employee and did not need to pay any compensation for unlawful termination, and all the employee's claims were dismissed).

· Provided legal services for a company in a labor dispute with an employee and represented the company in appearing before the Baoshan District Court and the Second Intermediate People's Court in Shanghai (the employee's claims were for over 600,000 yuan, but the court ruled that the company only needed to pay just over 10,000 yuan).

· Represented a foreign-funded company in a labor dispute with an employee involving sexual harassment in the workplace, and appeared on its behalf in the Beijing Chaoyang District Court and the Beijing No. 3 Intermediate People's Court in the case, which lasted for more than five years, and was won by the company in the second instance after the company had lost in the arbitration and first instance stages.

IV. Contract/Agreement Drafting and Revision & System Revision

· Drafted, designed, and revised labor contracts, negotiated termination agreements, equity incentive agreements, and other agreements for multiple companies.

· Designed and revised employee handbooks, enterprise policies, and other single-line systems for multiple companies, such as a British automotive company, a pre-IPO start-up, and more than 20 subsidiaries of a US-listed group.

· Provided human resources special audit and system revision project services for a well-known state-owned enterprise in Shanghai.

V. Non-competition Related Legal Services

· Provided legal evaluation, investigation and evidence collection, negotiation and litigation accountability legal services for multiple companies.

· Provided legal evaluation, strategic advice, accountability response, and litigation representation legal services for multiple corporate managers.

· Successfully provided specialized legal services for non-competition breach accountability and non-competition right abuse for multiple foreign-funded enterprises/management personnel.

 


Work Experience

Lawyer Ma is a legal professional who focuses on providing legal services in labor and employment law. With extensive experience in offering high-quality legal advice to renowned international and domestic companies and senior management personnel, Lawyer Ma has accumulated rich experience in legal services.

With a solid theoretical foundation in labor law, Lawyer Ma has been deeply involved in the forefront of legal practice in the field of labor and employment. She has an in-depth understanding of her clients' needs and can provide professional legal opinions and practical solutions to help clients resolve various complex legal problems and ensure the smooth development of their legal affairs.

The comprehensive legal services she offers to clients include daily consultations, specialized services, routine/specialized training, labor arbitration/litigation representation, etc. She is particularly skilled in reviewing regulations, negotiating with employees/senior executives, employee/group personnel placement, non-competition agreements, and resolving disputes related to equity incentives.

Lawyer Ma's professional legal services have won the trust and recognition of a wide range of clients. She has been recognized as a "Practice head(s)" in the 2023、2024 China Mainland List released by "The Legal 500", a leading international legal rating agency.

 

Social Positions:

Council Member of the Youth Lawyers Association of Pudong New Area, Shanghai

Part-time Mentor at the School of Law, ECUST & SISU

Member of 12th ESG Research Committee of the Shanghai Bar Association


Education

Shanghai Jiao Tong University, Master of Law

Zhongnan University of Economics and Law, Bachelor of Law


Social Activities

I. Training and Courses

· Practical management of termination under Chinese labor law

· Conflict management in the workplace

· Recruitment and onboarding in the context of the implementation of the Civil Code

· Protection of personal information during recruitment, onboarding, and employment

· Quantitative analysis of private equity, non-compete agreements, and protection of trade secrets

· Analysis of key issues in compliance-related arbitration and litigation cases

· Management of underperforming employees

· Hot topics in employment during the COVID-19 pandemic

· Inviting organizations: Shanghai Federation of Industry and Commerce Rule of Law Service Committee, Shanghai Association of Corporate Counsel, Shanghai Enterprise Confederation, and SME Service Department of Shanghai Association of Foreign Investment.

II. Main Book/Article Writing:

· Analysis of performance assessment in equity incentive schemes (Chinese and English)

· Interpretation of the Measures for the Supervision and Administration of Directors, Supervisors, Senior Executives, and Practitioners of Securities Fund Management Institutions

· Key points of the Rules on the Management of Fund Practitioners

· Analysis of social security contributions for non-full-time employees

· Whether unilateral job transfer constitutes "failure to provide labor conditions as agreed in the labor contract"

· Participation in the compilation of the Blue Book of Compliance Management Practices in Human Resources under State-owned Enterprise Mixed Ownership Reform

· Participation in the compilation of the Practitioner's Guide to Compliance Management in Employment Law (Weike Xianxing Annual Practitioner's Guide Series)

· Participation in the compilation of the Q&A Booklet on Personal Information Protection Law

Participation in the compilation of the Blue Book of Non-compete Agreement and Trade Secret Protection


Xinli MaSenior Partner

  • Offices
    Shanghai
  • Working Language
    Chinese、 English
  • Professional Field
    Labor & Social Security
马鑫丽.png
  • Track Records
  • Work Experience
  • Education
  • Social Activities
Track Records

I. Negotiation

· Represented a Swedish company in negotiating the departure of its general manager from its Shanghai office, resulting in the manager's voluntary resignation and a "peaceful parting" without the company having to pay any financial compensation.

· Represented a Singaporean company in negotiating the departure of its nearly-retirement-age deputy general manager, eventually achieving a successful negotiated termination after several rounds of negotiations and tug-of-war.

· Represented a US-listed group company in negotiating the departure of its finance director, who had compliance issues, ultimately resolved the matter successfully, maintaining the company's image as a listed company in the US and domestically, and avoiding possible investigations by securities regulatory agencies.

· Assisted a multinational corporation in negotiating with an employee who suffered a work-related injury, ultimately achieved a successful settlement. The resolution of this case saved the multinational corporation hundreds of thousands of dollars in direct economic losses. Through negotiation, the company was able to avoid legal risks associated with unilateral termination, including arbitration/litigation risks, and escalating disputes.

· Provided legal services to an insurance company, helping it negotiate with the family of an employee who committed suicide at home. After multiple rounds of negotiations, the employee's family, the client, and a third-party insurance company signed a tripartite agreement that resolved all disputes and eliminated the company's concerns.

· Represented the foreign director general manager of an internationally renowned bank's subsidiary index company in negotiating his departure, ultimately signing a negotiated termination agreement after several rounds of negotiations, winning the client a compensation increase of nearly 38%.

· Represented a multinational company in separation negotiations with its general manager and chief financial officer who had compliance issues, and eventually the two successfully signed a mutual separation agreement, which not only safeguarded the company's reputation, was in line with the company's value orientation, but also greatly reduced the company's economic costs.

II. Personnel Placement Projects

· Provided legal services for an employee placement project of a joint venture company. Under the leadership of Lawyer Ma, the team implemented a client-customized plan in the shortest possible time and provided support throughout the project. The smooth implementation of the plan has significant implications for the company's compliance management and is in line with the stable requirements advocated by the country and the government.

· Provided legal services for an employee placement project for a foreign-invested automotive company involving 148 employees in 5 cities. All 148 employees were smoothly and efficiently transferred to new workplaces.

· Provided phased employee placement projects for a Taiwanese-funded enterprise in the order of regular employees, special employees (15+5, female employees in three phases, employees with work-related injuries and occupational diseases, etc.), and retained employees to achieve orderly employee placement and enterprise withdrawal.

· Provided legal services for an employee placement project for a foreign insurance company, completing plan design, government communication, agreement drafting, centralized negotiation, and all contracting within less than a month, receiving customer praise.

III. Litigation representation service

· Provided legal services for a well-known Japanese manufacturing company in a labor dispute with an employee and represented the company in appearing before the Nanjing Intermediate People's Court (the case was initially ruled for the company to pay over 300,000 yuan in compensation to the employee, but the appeal reduced it to just over 10,000 yuan).

· Provided legal services for a US-based company in a labor dispute with an employee and represented the company in appearing before the Zhuhai Labor and Personnel Dispute Arbitration Commission, Shanghai Changning District People's Court, and Shanghai First Intermediate People's Court (the final ruling was that the company had legally terminated the employee and did not need to pay any compensation for unlawful termination, and all the employee's claims were dismissed).

· Provided legal services for a Taiwanese company in a labor dispute with an injured employee and represented the company in appearing before the Fengxian District People's Court in Shanghai and Shanghai First Intermediate People's Court (the ruling was to reject the majority of the employee's claims).

· Provided legal services for a well-known Italian fashion brand in a labor dispute with an employee and represented the company in appearing before the Shanghai Second Intermediate People's Court (the final ruling was that the company had legally terminated the employee and did not need to pay any compensation for unlawful termination, and all the employee's claims were dismissed).

· Provided legal services for a company in a labor dispute with an employee and represented the company in appearing before the Baoshan District Court and the Second Intermediate People's Court in Shanghai (the employee's claims were for over 600,000 yuan, but the court ruled that the company only needed to pay just over 10,000 yuan).

· Represented a foreign-funded company in a labor dispute with an employee involving sexual harassment in the workplace, and appeared on its behalf in the Beijing Chaoyang District Court and the Beijing No. 3 Intermediate People's Court in the case, which lasted for more than five years, and was won by the company in the second instance after the company had lost in the arbitration and first instance stages.

IV. Contract/Agreement Drafting and Revision & System Revision

· Drafted, designed, and revised labor contracts, negotiated termination agreements, equity incentive agreements, and other agreements for multiple companies.

· Designed and revised employee handbooks, enterprise policies, and other single-line systems for multiple companies, such as a British automotive company, a pre-IPO start-up, and more than 20 subsidiaries of a US-listed group.

· Provided human resources special audit and system revision project services for a well-known state-owned enterprise in Shanghai.

V. Non-competition Related Legal Services

· Provided legal evaluation, investigation and evidence collection, negotiation and litigation accountability legal services for multiple companies.

· Provided legal evaluation, strategic advice, accountability response, and litigation representation legal services for multiple corporate managers.

· Successfully provided specialized legal services for non-competition breach accountability and non-competition right abuse for multiple foreign-funded enterprises/management personnel.

 


Work Experience

Lawyer Ma is a legal professional who focuses on providing legal services in labor and employment law. With extensive experience in offering high-quality legal advice to renowned international and domestic companies and senior management personnel, Lawyer Ma has accumulated rich experience in legal services.

With a solid theoretical foundation in labor law, Lawyer Ma has been deeply involved in the forefront of legal practice in the field of labor and employment. She has an in-depth understanding of her clients' needs and can provide professional legal opinions and practical solutions to help clients resolve various complex legal problems and ensure the smooth development of their legal affairs.

The comprehensive legal services she offers to clients include daily consultations, specialized services, routine/specialized training, labor arbitration/litigation representation, etc. She is particularly skilled in reviewing regulations, negotiating with employees/senior executives, employee/group personnel placement, non-competition agreements, and resolving disputes related to equity incentives.

Lawyer Ma's professional legal services have won the trust and recognition of a wide range of clients. She has been recognized as a "Practice head(s)" in the 2023、2024 China Mainland List released by "The Legal 500", a leading international legal rating agency.

 

Social Positions:

Council Member of the Youth Lawyers Association of Pudong New Area, Shanghai

Part-time Mentor at the School of Law, ECUST & SISU

Member of 12th ESG Research Committee of the Shanghai Bar Association


Education

Shanghai Jiao Tong University, Master of Law

Zhongnan University of Economics and Law, Bachelor of Law


Social Activities

I. Training and Courses

· Practical management of termination under Chinese labor law

· Conflict management in the workplace

· Recruitment and onboarding in the context of the implementation of the Civil Code

· Protection of personal information during recruitment, onboarding, and employment

· Quantitative analysis of private equity, non-compete agreements, and protection of trade secrets

· Analysis of key issues in compliance-related arbitration and litigation cases

· Management of underperforming employees

· Hot topics in employment during the COVID-19 pandemic

· Inviting organizations: Shanghai Federation of Industry and Commerce Rule of Law Service Committee, Shanghai Association of Corporate Counsel, Shanghai Enterprise Confederation, and SME Service Department of Shanghai Association of Foreign Investment.

II. Main Book/Article Writing:

· Analysis of performance assessment in equity incentive schemes (Chinese and English)

· Interpretation of the Measures for the Supervision and Administration of Directors, Supervisors, Senior Executives, and Practitioners of Securities Fund Management Institutions

· Key points of the Rules on the Management of Fund Practitioners

· Analysis of social security contributions for non-full-time employees

· Whether unilateral job transfer constitutes "failure to provide labor conditions as agreed in the labor contract"

· Participation in the compilation of the Blue Book of Compliance Management Practices in Human Resources under State-owned Enterprise Mixed Ownership Reform

· Participation in the compilation of the Practitioner's Guide to Compliance Management in Employment Law (Weike Xianxing Annual Practitioner's Guide Series)

· Participation in the compilation of the Q&A Booklet on Personal Information Protection Law

Participation in the compilation of the Blue Book of Non-compete Agreement and Trade Secret Protection