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K&L Gates Expands Hong Kong Office With Former Orrick Team

K&L Gates has recruited a team of three partners specializing in an integrated funds and private equity practice.

Sook Young Yeu, Scott Peterman and William Ho all join from Orrick Herrington & Sutcliffe, which has decided to close its Hong Kong office. Yeu and Peterman, both funds specialists, were partners with Orrick while Ho, who advises on private equity transactions, was of counsel with the firm. The trio are joined by two associates at K&L Gates.

Yeu, who led Orrick’s Hong Kong office since joining in 2005 through Orrick’s takeover of legacy Coudert Brothers’ China offices where she had been practicing since 1989. She’s advised Asian investors on investing U.S. and other cross-border funds and on private equity investment.

Peterman has an active fund formation practice advising the structuring of various private, investment and real estate funds. Last year, he advised Hong Kong-based fund manager Pacific Hawk Ltd. on launching the first open-ended fund in the city following legislative change. He joined Orrick in 2017 from Jones Day where he was of counsel. Before that, he was a partner with Sidley Austin.

Ho focuses his practice on advising private equity houses and companies on fund raising transactions, investments and mergers and acquisitions. In May, he advised Taiwan-based live streaming site operator M17 Entertainment Ltd. on a $26.5 million Series D from investors including Singapore-based venture capital fund Vertex Growth Fund. Ho joined Orrick in 2018 from Paul, Weiss, Rifkind, Wharton & Garrison where he was an associate for three years. Earlier in his career, he trained and practiced with Slaughter and May.

The trio bring in-depth industry experience in the technology, media, telecommunications, and fintech sectors, said David Tang, K&L Gates’ Hong Kong-based Asia managing partner, in a statement. “The additions of Sook, Scott, and Will significantly broaden and deepen our funds and private equity practices in Asia,” he said.

Last year, K&L Gates added in Hong Kong capital markets partner Guiping Lu from elite Chinese firm Haiwen & Partners.

Goldman Sachs to pay $3.9B settlement in Malaysia 1MDB corruption case

The Malaysian government announced Friday that Goldman Sachs has agreed to a total settlement of USD $3.9 billion in the 1Malaysia Development Berhad (1MDB) corruption scandal. In return, the government will dissolve all the criminal charges and proceedings against the firm. The agreement includes a $2.5 billion cash payout by the investment bank and a guarantee to return at least $1.4 billion in proceeds from assets seized by authorities all over the world in relation to this scandal.

Goldman had raised $6.5 billion for 1MDB by arranging three bond sales in 2012 and 2013. Malaysian government officials, including former prime minister Najib Razak, had allegedly siphoned money from the state investment fund. Consequently, the Attorney General of Malaysia instituted criminal proceedings against the Goldman Sachs subsidiaries in December 2018.

The US Department of Justice (DOJ) had finalized a settlement agreement with Malaysian authorities in October 2019. The DOJ had recovered $700 million from Low Taek Jho, who was the mastermind behind the scheme. Combining all the agreements, the Malaysian government will now receive over $4.5 billion. Minister of Finance Tengku Dato’ Sri Zafrul Aziz said, “This settlement represents assets that rightfully belong to the Malaysian people. We are confident that we are securing more money from Goldman Sachs compared to previous attempts, which were far below expectations.”

Insight into: Ajay Sahni & Associates

Ajay Sahni & Associates (ASA) is a boutique corporate law practice focused on intellectual property, innovation and technology. The firm was founded in 1983 with the objective of rendering creative, robust and effective strategic legal advice and representational services.

ASA is committed to delivering out-of-the-box, avant garde solutions to complex problems faced by its clients. The team strives to work with its clients as partners, helping them manage risk and navigate challenging legal and business landscapes.

ASA has a very strong disputes and enforcement practice with over 100 reported judgments in leading law journals and reports to its credit. The firm handles large IP portfolios for many Fortune 500 clients (both Indian and international) on the prosecution side. It has various awards and listings to its credit, such as the International Client Choice Award (Trademark), World Trademark Review (Leading firm and individual in enforcement & litigation as well as prosecution & strategy categories), Thomson Reuters Asian Legal Business IP Rankings (Tier 1 firm for Trademark and Copyright, Tier 2 firm for Patent) and Thomson Reuters Asian Legal Business India Rising Stars 2019, among others. Its members serve on various committees and expert groups in international associations, as well as government bodies.

ASA works with a sophisticated artificial intelligence and automation based in-house trademark portfolio management system to manage compliances, monitor threats and alerts for clients. It is also the first law firm in India to offer blockchain-based IP protection services.

ASA is led by its founder Ajay Sahni, who has been practising IP law since 1983 at the Supreme Court, high courts, district courts and tribunal levels across India. He has argued numerous landmark cases, many of which have been reported in leading law reports and journals. His dispute resolution experience covers a wide spectrum of industries, including pharmaceutical, retail, infrastructure, real estate, automotive, finance, fast-moving consumer goods, power, telecommunications, education, chemical and industrial products.

A strong founder

Mr Sahni’s experience is evident in the number of key positions he holds or has held:

  • former vice president at Intellectual Property Attorneys Association, New Delhi;
  • former vice president at Asian Patent Attorneys Association (India Chapter);
  • invited by the Rajya Sabha Secretariat (upper house of the Parliament of India) and examined as an expert witness by the Parliamentary Standing Committee on Commerce in relation to the Trademarks (Amendment) Bill 2007;
  • member on the Advisory Board of The Patents and Trademarks Cases, a leading monthly journal of IP case law in India;
  • regular speaker on IP laws at the Institute of Company Secretaries, the Institute of Chartered Accountants, the Haryana Police Academy and the Export Promotion Council of India; and
  • formerly appointed as a senior panel counsel in the High Court of Delhi for conducting central government cases.

In addition, Mr Sahni has written extensively on the subject of IP law, including as:

  • a revising author of Lal’s Commentary on the Indian Copyright Act, 1957; and
  • a co-author of seven volumes of the book titled Cases and Materials on Trademarks and Allied Laws.

Firm’s key service offerings

Litigation, enforcement and dispute resolution

  • Handling civil, criminal and regulatory cases on infringement of patent, trademark, copyright, design, trade secrets, unfair competition; commercial mediation and arbitration
  • IP dawn raids, enforcement cases and domain name disputes
  • Dispute strategy, risk assessment, drafting of submissions, preparation of documentation, evidence, witnesses

Prosecution, compliance and audit

  • IP prosecution
  • Entry assistance: clearance searches, landscape studies, freedom-to-operate searches
  • IP audits and health checks
  • IP compliance management services
  • Cutting-edge tools based on automation and AI for 360-degree IP monitoring, threat assessment and compliance management services

Transactional

  • Acquisition and commercialisation of IP assets
  • IP valuation
  • Technology transactions and licensing
  • Safeguarding IP assets in mergers, acquisitions and joint ventures Advisory and public policy

Advisory and public policy

  • Anti-counterfeit investigations, forensics and enforcement strategy
  • Customs border protection assistance and strategy
  • Branding, advertising, marketing, packaging and labelling strategies
  • Drug and pharma regulatory filings, representation and support
  • Data protection and privacy
  • Public policy advisory, advocacy and strategic litigation support

Baker McKenzie Reshuffles Asia Practice

Baker McKenzie has appointed new leaders for seven of its Asia Pacific practice and industry groups. The new heads will join 12 other continuing practice and industry group leaders in the region on July 1.

The Tokyo office will see most changes in this round of leadership shuffle; four of the five incumbent practice and industry leaders in the office will step down leaving one Tokyo partner among the newly appointed leaders. Singapore-based Emmanuel Hadjidakis will replace Tokyo-based Gavin Raftery as Asia Pacific chair of banking and finance, while Kuala Lumpur-based Brian Chia will replace Tokyo-based Hideo Norikoshi as regional M&A chair.

Singapore-based Nandakumar Ponniya will take over from Tokyo-based Yoshiaki Muto as regional dispute resolution chair, while Sydney-based Anne Petterd will succeed Tokyo-based Kana Itabashi as regional chair of the firm’s international commercial and trade practice.

The one remaining Tokyo-based regional head will be Yaeko Hodaka, chair of the Asia Pacific industrials, manufacturing and transportation industry group. Hodaka will now share her duties with Shanghai-based Cherrie Shi, who works under Baker McKenzie’s special alliance with local firm FenXun Partners in the Shanghai Free Trade Zone.

Shi will join Shanghai-based Brendan Kelly, regional chair of the firm’s tax practice, and Beijing-based Bee Chun Boo, regional chair of the energy, mining and infrastructure industry group, to make a total of three regional heads in China.

The Singapore office will see its importance boosted with the addition of two new heads to make a total of five, the three other partners continuing in their leadership roles being Stephanie Magnus, Kelvin Poa and Martin David, regional chairs of the financial institutions industry group, private equity, and projects respectively.

The number of practice and industry leaders in Hong Kong office will be unchanged at four, with three regional heads there continuing in their positions, namely Ivy Wong, Stephen Crosswell and LokeKhoon Tan, chairs of capital markets, antitrust and competition, and the consumer goods and retail industry group respectively. The only change there involves a shift in role for Isabella Liu, who will replace Bangkok-based Say Sujintaya as regional chair of the firm’s intellectual property and technology practice following a stint as regional chair of the healthcare and life science industry group.

The healthcare and life science group will be led by Sydney-based Elisabeth White, who along with Petterd will bring the number of regional heads in Australia up to five. The three continuing regional heads are Adrian Lawrence, Michael Michalandos and Bruce Webb, chairs of TMT, employment, and real estate respectively.

“I am delighted to welcome our new practice and industry group leaders to the leadership team. What is particularly exciting is that among the seven new Asia Pacific leaders, four are women,” said Baker McKenzie’s Asia Pacific chair Ai Ai Wong.

Wong was appointed to her current position in 2018 when Baker McKenzie reshuffled its overall leadership in Asia Pacific. There have been changes among those leaders since then. Last year, Hong Kong partner Milton Cheng, then managing partner for the firm’s Hong Kong and mainland China offices, became the firm’s first-ever Asia-based global chairman. The China offices are now run by Hong Kong-based partner Steven Sieker, who previously led the firm’s regional tax practice.

 

Thailand Postpones Effective Date of Data Privacy Law

Background

The Thai Cabinet, on May 19, 2020, approved a Royal Decree on Organizations and Businesses which shall be exempted from compliance with the Personal Data Protection Act B.E. 2562 (2019) (“Royal Decree“) to delay the enforcement date of the Personal Data Protection Act B.E. 2562 (2019) (“PDPA“). The Royal Decree has been published in the Royal Gazette on May 21, 2020 and will be effective from May 27,2020 to May 31, 2021. It provides exemptions to data controllers listed under the Royal Decree to certain chapters and section under the PDPA which include:

–          Chapter 2 (data controllers’ obligations relating to the use, collection, and disclosure of personal data, privacy notices, consent requirements, exemptions and cross-border of data privacy);

–          Chapter 3 (data subject rights, data protection officer and record of processing);

–          Chapter 5 (complaints and administrative punishments);

–          Chapter 6 (civil penalties and punitive damages);

–          Chapter 7 (criminal liabilities and administrative punishments); and

–          Section 95 (transitional matter).

Data controllers who shall obtain the exemptions under the Royal Decree are as follows:

1)      Government authorities;

2)      Foreign public authorities and international organizations;

3)      Foundations, associations, religious organizations, and non-profit organizations;

4)      Agricultural businesses;

5)      Industrial businesses;

6)      Commercial businesses;

7)      Medical and public health businesses;

8)      Energy, steam, water and waste disposal businesses, including their related business;

9)      Construction businesses;

10)  Repair and maintenance businesses;

11)  Transportation, logistic, and warehouse business;

12)  Tourist businesses;

13)  Communication, telecommunication, computer, and digital businesses;

14)  Financial, banking and insurance business;

15)  Real estate businesses;

16)  Professional businesses;

17)  Management and support services business;

18)  Scientific and technological, academic social welfare and artistic businesses;

19)  Educational businesses;

20)  Entertainment and recreational businesses;

21)  Security business; and

22)  Household and community enterprise businesses whose activities cannot be clearly classified.

If there is any question as to whether particular organizations or businesses are fallen under the above list, the Personal Data Protection Committee (PDPC) shall consider and render its final decision at its sole discretion.

The main reason as specified in the Royal Decree is to provide more time for the business operators, which shall be regarded as data controllers by the PDPA, to prepare themselves to be fully compliant with the PDPA. The Royal Decree further specifies that business operators, including private and government sectors, are not ready to be in compliance with the PDPA. This was mainly due to requests from the private sector filed with the government indicating problems with the economy and within their organizations, such as the economic impact and other restrictions due to Covid-19 situation.

The extension is not to be interpreted that the Government of Thailand is relaxing its readiness to implement the PDPA. An essential action by the Thai government is that the PDPC committee has been appointed and will start the process of formulating regulations and an enforcement culture surrounding the PDPA.  The list of the PDPC members approved by the Cabinet as announced by the government’s spokesperson on 19 May 2020 are as follows (note that this list is not official until published in The Government Gazette):

1)      The Chairman: Mr. Thienchai Na Nakorn

Professor of faculty of law, Sukhothai Thammatirat Open University

Former Constitution Drafting Committee (CDC)

Former senior member of various committees (e.g. Committee of Official Information Commission, Committee of National Institute of Educational Testing Service (NIETS) and secretary-general of Political Development Council).

2)      Senior committee (personal data protection): Mr. Nawanan Theera-Ampornpunt

Technocrat on health informatics;

Deputy dean on practitioner level of faculty of medicine, Ramathibodi Hospital.

3)      Senior committee (consumer protection): Pol.Lt.Col Thienrath Vichiensan

Senior committee of Official Information Commission;

Former chief of inspector of Prime Minister Office;

Director of the Official Information Commission.

4)      Senior Committee (Information and communication technology): Mr. Pansak Siriruchatapong

Former Vice Minister of Ministry of Digital Economy and Society;

Former director of National Electronics and Computer Technology Center (NECTEC)

5)      Senior committee (social science): Asst. Prof. Tossapon Tassanakunlapan

Professor and researcher of faculty of law, Chiang Mai University

6)      Senior committee (legal): Ms. Thitirat Thipsamritkul

Teacher of faculty of law, Thammasat University

7)      Senior committee (legal): Prof. Supalak Pinitpuvadol

Professor of faculty of law, Chulalongkorn University

8)      Senior committee (health): Prof. Prasit Watanapa

Dean of faculty of medicine, Siriraj Hospital

9)      Senior Committee (finance): Ms. Ruenvadee Suwanmongkol

Secretary-general of the Securities and Exchange Commission

10)  Senior Committee (Government Information Management): Mrs. Methinee Thepmanee

Former secretary-general, Office of the Civil Service Commission (OCSC);

Former permanent secretary, Ministry of Information and Communication Technology (ICT).

In addition to the abovementioned members, please note that the PDPA requires that the PDPC must appoint permanent secretary of the MDES as the vice-president of the PDPC, together with 5 additional board members which include (i) the permanent secretary of the Prime Minister Office, (ii) the secretary-general of the juridical council, (iii) the secretary-general of the office of consumer protection board, (iv) the director-general of the Rights and Liberties Protection Department, and (v) the attorney-general. Please note that as of the writing of this article 27 May 2020, the official list of the PDPC members are not yet published in The Government Gazette.

The above is for general information purposes only and should not be relied upon as legal advice.

Law Firms in SE Asia inching back to the office

The COVID-19 outbreak has severely disrupted normal life in Southeast Asia, forcing a big chunk of the region’s workforce to work from home, lawyers not exempted. But as the number of cases subsides in certain countries, and governments attempt to bring economies back on track, offices are beginning to reopen.

However, law firms say that given the potential for another spike in cases of this highly contagious disease, no reopening approach can be too cautious.

Patrick Ang, managing partner of Rajah & Tann Singapore, says that the firm has a slew of social distancing measures in place, which were enhanced during the circuit-breaker (Singapore’s term to describe its lockdown) period

.“We are maintaining a two-team segregation system, so that even if a lawyer needs to go to the office, he should only be in the office according to the schedule. In addition, we have temperature checks, health declarations, staggered hours, seating one metre apart, and a maximum number of people in the office at any one time,” Ang says.

Voicing similar thoughts is Indonesia’s Assegaf Hamzah & Partners (AHP) which plans on reopening the office around mid-June.Bono Daru Adji, AHP’s managing partner, says that the firm will be implementing social restriction measures in the office including “dividing our lawyers and business professionals into two segregated teams based on their current seating arrangement to ensure that there is a minimum of one-meter distance between each person.”

“We will also be limiting the number of people inside common areas. Further, a staff member will measure the body temperature of each person attending the office and those using public transport must bring a pair of spare clothes to change into before entering the office,” Adji adds.

Ashurst launches Business Consulting Service

Ashurst has launched Ashurst Consulting, a new business line providing specialist consulting services as an additional offering to its existing legal services. The new line will initially be offered in Australia.

Ashurst Consulting aims to provide holistic solutions that help clients comply with regulatory and legal frameworks in their jurisdictions and operationalize laws and regulations.

“[The new offering] will strengthen our ability to effectively manage clients’ most critical business challenges, by bringing together the technical expertise and rigour required to create value by meeting a broader spectrum of their needs,” said Paul Jenkins, Ashurst’s global managing partner .

Aside from Ashurst Consulting, the firm has launched two adjacent services: Board Advisory and Risk Advisory.

Rajah & Tann Asia “The Lawyers Who Know Asia”

KPMG adds to Asia legal presence

The KPMG Global Legal Services network is pleased to announce that it has expanded its legal capabilities in Asia Pacific by establishing a new law firm in Hong Kong, known as SF Lawyers.

SF Lawyers is the newest member of the KPMG’s Global Legal Services network. It will initially commence operations with four senior hires and two senior associates joining either now or over the next few months, and with plans for around 20 lawyers in the first year. The four senior hires are Shirley Fu, Rodney Chen, Leo Tian and David Murray, and they will be supported by Alex Ma and Sherman Wong as senior associates. Brief details of the senior hire profiles are included below. An additional launch of legal services in Shanghai is expected in 2019.

Honson To, Chairman of KPMG Asia Pacific and China, says: “We warmly welcome SF Lawyers as the newest member of the KPMG Global Legal Services network, which has grown by 30 percent in 2018 alone, and has significant growth ambitions just beginning to be realised across the Asia Pacific region.”

“With increased global connectivity and the digitalisation of many business functions, SF Lawyers will be uniquely positioned to deliver on the needs of both domestic clients (including going outbound) and multinational clients entering or transacting in the Chinese market. Working in conjunction with KPMG, SF Lawyers will provide clients with legal services in key areas such as M&A and deals, and infrastructure projects. It will also offer technology enabled legal services, while leveraging significant investments in robotics, artificial intelligence and other technologies developed globally and in China through the KPMG Digital Ignition Centre.”

“The firm will also help provide clients with global legal solutions, leveraging our legal services practices across 76 jurisdictions, together with KPMG’s presence in 154 countries around the world”, To adds.

SF Lawyers will be operating in association with KPMG Law in Australia, which is led by Stuart Fuller, the former Global Managing Partner of King & Wood Mallesons.  Fuller has recently moved to KPMG where he occupies the role of Asia Pacific Regional Leader for Legal Services.

Fuller says: “We are excited about the association between KPMG Law in Australia and SF Lawyers in Hong Kong, which is reflective of the increasingly important trade and business flows between the two jurisdictions. We are not trying to be a traditional law firm. Our approach is different, with a focus on offering our clients integrated global legal advice and solutions, where we are able to work seamlessly with existing KPMG clients who are looking for local and multijurisdictional counsel. As someone who has lived and worked in Hong Kong for 6 years, I am proud to see SF Lawyers as the newest entry to the network in Asia.”

ALB marks 15th edition of Japan Law Awards in style

The 15th ALB Japan Law Awards, held at the Grand Hyatt Tokyo on June 13, was a resounding success, with the who’s-who of the Japanese legal industry, including in-house counsel, private practice lawyers and corporate executives, gracing the event.

The event saw Nishimura & Asahi, walk away with the biggest award of the night – the Japan Law Firm of the Year. The firm won in six categories, as did fellow Japanese Big Four firms Nagashima Ohno & Tsunematsu and Mori Hamada & Matsumoto.

Nishimura also claimed the titles of Young Lawyer of the Year (for Yuki Oi), Japan Deal Firm of the Year, and Restructuring and Insolvency Law Firm of the Year. Meanwhile, Nagashima Ohno won Dispute Resolution Lawyer of the Year (for Oki Mori), Healthcare and Life Sciences Law Firm of the Year, Real Estate Law Firm of the Year and Regulatory and Compliance Law Firm of the Year. Mori Hamada & Matsumoto’s haul included Banking and Financial Services Law Firm of the Year, Japan Intellectual Property Law Firm of the Year and Tax and Trusts Law Firm of the Year.

Among international firms, Herbert Smith Freehills claimed two titles, including the International Arbitration Law Firm of the Year. Davis Polk & Wardwell won International Deal Firm of the Year, and was also recognised for its role in three award-winning deals, while Morrison & Foerster was declared the International Intellectual Property Law Firm of the Year.

In the individual categories, Clifford Chance’s Reiko Sakimura won the BMW Award Woman Lawyer of the Year. Hiroo Atsumi of Atsumi & Sakai walked away with Managing Partner of the Year award while the Dealmaker of the Year title was claimed by Akifusa Takada of Baker & McKenzie (Gaikokuho Joint Enterprise).

And in the in-house categories, the T&D Associates Award Innovative In-House Team of the Year award went to Softbank Group while the Baker McKenzie Award Japan In-House Team of the Year award was won by IBM Japan. IBM also won the title of In-House Lawyer of the Year for Anthony Luna.