Winning in a Financial Dispute

Titan represented a bank defending in a financial dispute. The plaintiff, a foreign company, claimed compensations for damage caused by the embezzlement carried out by its own employee, who had been withdrawing from the company’s account by taking advantage of the position. The company blamed our client, the bank, for gross negligence.

Titan persuaded Taiwan High Court the practice of withdrawal conducted by the employee was authorized by the plaintiff, and our client had indeed fulfilled the duty of care and had informed the affairs commissioned in compliance with Civil Law, financial laws and regulations, and bank practice. Furthermore, the transaction was authorized by the plaintiff hence the consumption deposit between the opponent and our client should have been extinguished regardless the legitimate of the transaction. The Court decided to dismiss the allegations against our client, and the right of our client was retained and protected.

This case was led by our managing partner, Dr. Ching-Yuan Yeh, and senior associate Dr. Roger Pu-Chin Tsai, with the assistance of our attorney Mr. Chang-Zuo Lin. Dr. Yeh, with an S.J.D. and a J.D. from University of Pennsylvania, has over twenty years of experience and previously practiced at Taiwan’s Lee & Li as well as global law firm Sullivan & Cromwell LLP. Dr. Tsai earned a Ph.D. in international economic law from Peking University. He is licensed to practice law in Beijing, Shanghai and Taipei. Dr. Tsai is also a consultant of Beijing DHH Law Firm and worked at Lee and Li Attorneys-at-law in Taipei and Beijing Zhong Ying Law Firm in Beijing. Dr. Tsai’s practice mainly focuses on cross border M&A, international investment, and cross-strait transaction between Mainland China and Taiwan. Mr. Lin earned an LL.B. degree from Soochow University. He practices mainly in dispute resolution, financial consumer protection, corporate governance and investment, capital market and transaction, fintech, and compliance.