Telephone
02-77093611

Line
@fdlaw

address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City

酒駕公共危險罪

Is moving your car in a parking lot while waiting for a designated driver after drinking considered drunk driving? | Lawyer Li Yusheng explains

News Headline: Exclusive: Drunk Man Drives Out of Parking Lot to Wait for Designated Driver – Is That Drunk Driving?! He Even Slapped a Police Officer in the Face. Media Source: ETtoday News Reporter: ETtoday News Interview Team News Link: News Summary According to ETtoday News, a man in Taipei, after drinking, attempted to drive his car out of a parking lot to wait for a designated driver. However, because he hadn't paid the parking fee and the gate wouldn't open, he kicked the management office door. After the manager called the police, the man was accused of slapping a police officer in the face and was taken into custody. The incident raised the question of whether "moving a car in a parking lot without actually driving on the road still constitutes drunk driving." Lawyer Li Yusheng's Explanation: Lawyer Li Yusheng of Fidelity Law Firm explained in the news report that drunk driving, even in a parking lot, poses a risk to public safety. It cannot be assumed that there is no criminal liability simply because it involved moving the car or waiting for a designated driver. Article 18 of the Criminal Code…

選罷法賄選

Could it constitute bribery if online celebrities give away cash during their election campaign livestreams? | Lawyer Li Yusheng explains

News Headline: Controversy Erupts Over Influencer Campaigns for Neighborhood Chief or Councilor! Livestream Donations of NT$10,000 to the Disadvantaged Raise Legal Questions, Lawyer Says It May Constitute Bribery Media Source: SET News Reporter: Yu Tao News Link: News Summary According to SET News, the campaigns of internet celebrities Binbin Ge and AJ Ge for neighborhood chief or councilor have attracted attention. Their actions of donating cash to the disadvantaged during livestreams have raised questions about whether it constitutes bribery. The report interviewed lawyer Li Yusheng to explain the legal risks; whether the donations constitute pure charitable assistance or are related to winning votes still needs to be determined based on the actual content of the activity and evidence. Lawyer Li Yusheng's Explanation Li Yusheng, a lawyer from Fidelity Law Firm, reminded in the news that giving money through livestreams during the campaign cannot be considered free of bribery simply because it claims to be for the disadvantaged. The key legal point is whether the money or benefit is related to voting…

丟棄報帳發票造成無法報稅的損害賠償

Can consumers claim compensation if a department store discards their expense invoices? | Lawyer Li Yusheng explains

News Headline: Exclusive》Woman Forgets Bag of Receipts While Shopping, Accuses Department Store of Neglecting Safeguards and "Throwing It Away" Media Source: ETtoday News Reporter: Hsu Cheng-hsuan News Link: News Summary According to ETtoday News, a woman left a bag containing multiple expense receipts at Breeze Nanjing Shopping Mall in Taipei. The woman stated that the store clerk told her it had been handed over to the department store's customer service, but she later learned that the bag had been discarded and burned as trash, and she was worried that she wouldn't be able to claim reimbursement from the company. The focus of the dispute is whether the department store properly handled the lost property, and whether the loss of the receipts caused any provable property loss. Lawyer Li Yu-sheng Explains: Lawyer Li Yu-sheng of Fidelity Law Firm reminded in the news report that compensation claims should be based on whether the loss of the receipts actually caused unclaimable reimbursement, undeductible expenses, or other specific property losses, rather than directly citing…

公司遇到商業訴訟怎麼辦？先判斷契約、證據、損害與資產保全

What should a company do if it faces commercial litigation? First, assess the contract, evidence, damages, and asset preservation.

When companies encounter commercial disputes and litigation, the first and most common question is: "Can I sue?" But the real question should usually not be whether a lawsuit can be filed, but rather what the company ultimately wants to achieve. Is it to recover payment? Demand continued performance of the contract? Terminate the cooperation? Stop the other party from using the technology or data? Claim liquidated damages and compensation? Or has the other party already filed a lawsuit, and the company now needs to submit a full response within the court's timeframe? When the same contract or cooperation breaks down, there may be multiple options available, including negotiation, letters, mediation, payment orders, injunctive relief, civil litigation, arbitration, or other procedures. A truly effective commercial litigation strategy is not to use every legal tool imaginable, but to first assess the business objectives, the strength of the evidence, the amount of compensation sought, the other party's assets, and time pressure. If the transaction involves overseas companies, it's also necessary to consider the jurisdiction, applicable law, and place of enforcement for cross-border commercial litigation and international debt recovery…

離職後登入公司系統或下載資料被告怎麼辦？先確認授權、紀錄與資料性質

What if I get sued for logging into the company system or downloading data after leaving the company? First, confirm the authorization, the nature of the records and data. Does it involve violations of the Trade Secrets Act or the Criminal Code's offense of obstructing computer use?

Being able to log into your former company's ERP, CRM, Google Workspace, Microsoft 365, email, cloud storage, or server after leaving the company does not necessarily mean you still have legal right to access them. Conversely, the presence of login records or downloaded files on the company system does not necessarily indicate a criminal offense. These cases truly need to be examined in two separate ways. The first question is "system access": Did you still have company authorization after leaving the company? Did you actively enter your account and password to log in, or did your original browser session, sync program, or device maintain the login? What data was actually obtained, downloaded, modified, or deleted? The second question is "the data itself": Are the downloaded customer lists, quotations, technical documents, source code, design drawings, process data, or other files legally protected...?

公司發現採購主管收回扣怎麼辦？先查採購流程、供應商關係與金流

What should a company do if it discovers its purchasing manager is accepting kickbacks? First, investigate the purchasing process, supplier relationships, and cash flow.

When a company discovers that its purchasing manager or employee is suspected of receiving kickbacks from suppliers, the most important first step is usually not to immediately confront the employee, nor to decide whether to sue for breach of trust or embezzlement, but rather to preserve evidence. The real questions to investigate in a purchasing kickback case are: What purchasing authority did this employee originally have? Why did the supplier pay him? Did the purchase price increase as a result? Did the company lose discounts or better terms it could have obtained? Were there any false quotes, false invoices, inflated prices, or related-party transactions? Did the kickback ultimately flow to the employee, their relatives, or other companies? Confronting too early might lead to the deletion of LINE messages, emails, quotation materials, or supplier records; filing a lawsuit based solely on a single private transfer might result in conflicting accounts because the relationship between the purchasing decision, the kickback, and the company's damages cannot be proven. Therefore, when a company discovers that an employee is receiving kickbacks, it should first investigate the "purchasing…