JUNE/JULY 2013 - WongPartnership
Transcription
JUNE/JULY 2013 - WongPartnership
NEWS MICA (P) 007/08/2012 JUNE/JULY 2013 02 Foreword 03 What’s New at WongPartnership 09 WongPartnership in the Spotlight 13 Awards & Accolades 14 WongPartnership Welcomes 15 Conferences & Seminars 18 WongPartnership in the Community 20 Legal Updates 22 Contact Details ASEAN | CHINA | MIDDLE EAST SENIOR PARTNER’S FOREWORD WHAT’S NEW AT WONGPARTNERSHIP 2013 looks set to be a rewarding year for WongPartnership, as several of the high-profile matters we were involved in came to a successful conclusion. WE HAVE MOVED! After several months of tussling between various parties, the takeover of Fraser & Neave (F&N) has finally come to a close, with our clients, TCC Assets and Thai Beverage Public Company Limited, emerging as the winning bidders. Our success in this transaction, one that was named the largest M&A transaction in South East Asia’s corporate history, has reinforced our long-standing position as a market leader in the area of Corporate/M&A. WongPartnership was also ranked as the top legal advisor for 2012 in the South East Asia M&A league table rankings published by Bloomberg and mergermarket. On the contentious front, our litigators’ efforts in the “sex-for-contracts” matter paid off; we successfully defended Mr Ng Boon Gay, the former director of the Central Narcotics Bureau, Singapore, who faced charges of corruption for accepting sexual favours in exchange for business contracts. The acquittal of our client was reported to be a rare defeat for Singapore’s anti-corruption agency, and was a showpiece win of our new Specialist & Private Client Disputes Practice. The new Practice brings together our previously diverse expertise in white-collar crime, regulatory enforcement, contentious trust and family matters, into one focussed group. Having spent more than five years in two premises, WongPartnership’s staff and lawyers will now be housed under one roof at Marina Bay Financial Centre. The new office will not only help to save on having to duplicate resources, it will also allow the staff and lawyers to build a better rapport. A recreation area was included to provide staff and lawyers with a comfortable working environment. Clients will be able to enjoy a great view, with some of the meetings rooms overlooking Marina Bay. “Moving into a new office is a long-term commitment. WongPartnership was looking for an ideal location that would best suit our needs without having to compromise on anything that we wanted to provide for our clients, lawyers and staff. Marina Bay Financial Centre fits the bill,” said Joint Managing Partner, Rachel Eng. “It has been a long time since everyone at WongPartnership is housed under one roof, which is why all of us are excited about this move. Being closer to our colleagues across the different practices will undoubtedly increase our efficiency and help us to foster closer bonds with each other.” In terms of global rankings, we were the only Asian law firm named as a top 30 international arbitration practice worldwide by the widely respected Global Arbitration Review (GAR), which was timely recognition of our growing representation of regional entities in the arbitration arena. We were also the only Singaporean law firm named as a top 3 legal advisor in Asia, based on an inaugural Client Satisfaction Report Asia released by Legal Week, an independent legal publishing house based in the UK. Within our Firm, our lawyers and staff were kept busy with the office move to the “new downtown” at Marina Bay Financial Centre (MBFC). Having spent a number of years at two office locations, our Corporate, Financial Services and Litigation & Dispute Resolution Groups will now all be housed under one roof at MBFC Tower 3. This will help us improve our efficiency and connectivity across the various practices, as we strive to serve you better. We have decided to feature some shots of our new amenities in this edition, so that you get a taste of our new office! Sincerely Marina Bay Financial Centre (MBFC)* Singapore skyline featuring MBFC on the left* Alvin Yeo, Senior Counsel Senior Partner Entrance to MBFC Tower 3* MBFC Exterior* *Photos courtesy of Raffles Quay Asset Management 02 | WongPartnership 2013 WongPartnership 2013 | 03 WHAT’S NEW AT WONGPARTNERSHIP Training room Meeting rooms Guest lounge Library Staff lounge Ceramic pots by Iskandar Jalil Guest lounge 04 | WongPartnership 2013 Staircase connecting three floors Staff recreation area WongPartnership 2013 | 05 WHAT’S NEW AT WONGPARTNERSHIP OUR SPECIALIST & PRIVATE CLIENT DISPUTES PRACTICE WongPartnership has launched a new practice – Specialist and Private Client Disputes – to cater to the growing needs of high-net worth clients and individuals involved in various types of disputes. The decision to set up this new Practice stemmed from the recognition that there is an increase in litigation involving highnet worth clients and more complex financial instruments, such as in the case of the Lehman Brothers collapse; the importance of regulatory compliance and stricter enforcement amongst professionals in the financial, medical and accounting fields; and an awareness in individuals of the need to protect acquired wealth and estate planning to reduce break-ups of family and divisive disputes. With these factors in mind, we pulled together resources and experts in each of these areas across the various practice groups and formed the Specialist and Private Client Disputes Practice. This allows us to provide a more holistic and one-stop solution for such individuals. The team will advise on matters ranging from planning to dispute resolution, impact on the individual and businesses owned by these individuals, management of risks to financials, reputation and relationship with other stakeholders and regulatory bodies. The Practice will focus on dispute resolutions on specialised issues such as professional and medical negligence, white collar crime, fraud, regulatory enforcement, property-related litigation, business-related litigation, trusts and probate, family disputes and defamation. Significant matters the team has been involved in include acting for: • A senior officer from the Central Narcotics Bureau, Singapore, in relation to charges of corruption in accepting sexual favours in exchange for furthering the business interests of two information technology product companies; • The Singapore Medical Council (“SMC”) in successfully defending a judicial review application filed by Dr Susan Lim, a prominent surgeon in Singapore, to quash the SMC’s decision to empanel a second disciplinary committee after the previous disciplinary committee had recused itself. The judicial review proceedings arose from disciplinary proceedings against Dr Lim, in which 94 charges of professional misconduct have been brought against Dr Lim in relation to fees of about S$26 million she charged for services she and other doctors provided to a patient from the Royal Family of Brunei over a five-month period; 06 | WongPartnership 2013 • The administratrices of the Estate of Fock Poh Kum to enforce the terms of a trust deed in respect of a bungalow against their brother. This is the first reported decision relating to sham trust in Singapore and our clients successfully defeated their brother’s allegation that the trust deed was a sham entered into to safeguard the family home from possible attachment by creditors; and • Three of the seven beneficiaries of the Estate of Salman Taseer, the assassinated Pakistani governor, in a claim and appeal against the governor’s widow in respect of the governor’s multi-million dollar bungalow in Sentosa Cove, Singapore. The team includes: Tan Chee Meng, Senior Counsel – Deputy Managing Partner. Chee Meng’s main areas of practice are general civil litigation, construction and engineering dispute resolution, criminal law, insurance, professional indemnity and disciplinary proceedings. He has been involved in numerous defamation suits. In the area of dispute resolution, Chee Meng is recommended by Chambers Asia – Asia Pacific’s Leading Lawyers for Business, 2013; The Legal 500: Asia Pacific – The Client’s Guide to the Asia Pacific Legal Profession since 2007; and Asialaw Profiles – The Guide to Asia-Pacific’s Leading Domestic Law Firms, 2013. Sim Bock Eng – Head. Bock Eng has extensive experience in civil litigation, including banking and finance, property, employment, family and matrimonial law and trusts and probate law. Bock Eng is recognised in Asialaw Leading Lawyers as a leading lawyer in the area of Trusts & Estates. She is also the winner of the ILO Client Choice Awards 2012 for Litigation in Singapore. Melanie Ho – Deputy Head. Melanie’s areas of practice include medical law, defamation law, employment and commercial contracts and management corporation disputes. She also specialises in defence work relating to white-collar crime including criminal breach of trusts, cheating, corruption, insider trading and other offences under the Securities and Futures Act. A large part of Melanie’s portfolio involves medical work, from civil negligence where she represents plaintiffs against doctors L-R: Melanie Ho, Sim Bock Eng, Christopher de Souza, Chang Man Phing, Tan Chee Meng, Senior Counsel, and Josephine Choo and hospitals to acting for the SMC in disciplinary action taken against its doctors. Melanie is recognised in The International Who’s Who of Life Sciences Lawyers, 2013 as one of the world’s leading Life Sciences lawyers. Josephine Choo – Partner. Josephine’s main practice areas are litigation and arbitration with a focus on civil and commercial disputes, construction and engineering projects/disputes, property disputes, criminal law/family law/disciplinary proceedings. She also advises on construction and engineering contracts, tender documents/work specifications, construction-related insurance policies/bonds/guarantees and procurement contracts/projects. Christopher de Souza – Partner. Christopher’s areas of practice encompasses a wide spectrum of commercial matters, including banking, contractual, negligence, defamation, internet defamation, intellectual property, regulatory disputes and disputes involving shareholders, directors and companies as well as matters involving negotiations, settlements and white collar crime. Chang Man Phing – Partner. Man Phing has experience in civil and commercial litigation that includes disputes relating to companies, shareholders and directors, insurance, contracts, employment and tenancy. She also specialises in defamation and medical negligence. WongPartnership 2013 | 07 WHAT’S NEW AT WONGPARTNERSHIP WONGPARTNERSHIP IN THE SPOTLIGHT WONGPARTNERSHIP INTERNATIONAL COMMERCIAL ARBITRATION MOOT 2013 WONGPARTNERSHIP WINS FOUR ASIAN LEGAL BUSINESS AWARDS For the fifth time, WongPartnership organised the WongPartnership International Commercial Arbitration Moot 2013. Held annually, the Moots are open to law undergraduates from the National University of Singapore (“NUS”) and Singapore Management University (“SMU”). The aim of the competition is to stimulate interest in the practice of international commercial arbitration while creating greater awareness of this method of dispute resolution. 39 Essex Street’s Adrian Hughes, Queen’s Counsel; and WongPartnership’s Founder-Consultant, Wong Meng Meng, Senior Counsel. The topic for this year’s Moot involved the question of whether the breach of a warranty can give rise to a right of termination. The competitors each gave it their best, but it was Hannah Lee from NUS who stood out from the rest and emerged as winner. The First Runner Up was Kenneth Lim and Joint Second Runners Up went to Qabir Singh Sandhu and Jeremiah Cunningham. All three were from SMU. The Memorial Prize based on a written submission was awarded to Quek Linli from NUS. The judges for the Finals comprised a panel of esteemed lawyers: Attorney-General, Steven Chong, Senior Counsel; Winners were given cash prizes and all finalists and winners could enjoy a two-week attachment with WongPartnership. Judges and winners of the Arbitration Moot* *Photos courtesy of NUS Law Club Winner’s plaque* WongPartnership won four awards at the Asian Legal Business (“ALB”) South East Asia Awards 2013 held in Singapore on 17 May 2013. The Awards recognise the excellence and outstanding achievements of South East Asia’s leading law firms and in-house legal teams as well as the top deals and dealmakers of 2012. WongPartnership was named “Tax & Trusts Law Firm of the Year” and bagged the top regional award of “Managing Partner of the Year” which went to Rachel Eng, Joint Managing Partner. Rachel also won the award in 2011, making her the first person to have won it twice in the awards’ history. WongPartnership bagged its consecutive win for the third time in the “Singapore M&A Deal of the Year” category for its role in Heineken’s Acquisition of Asia Pacific Breweries (“APB”). The Firm acted for Kindest Place Groups Limited (“KPG”) in the approximately S$1.18 billion acquisition by Heineken of KPG’s 22,207130 shares in APB. The deal also won the coveted “SE Asia Deal of the Year”. WONGPARTNERSHIP PRESENTED WITH AN APPRECIATION AWARD BY THE INTELLECTUAL PROPERTY OFFICE OF SINGAPORE with the IPM knowledge domain and lead the adoption of effective IPM practices within the whole of the Singapore government. There are now over 400 public officers across 65 public agencies involved in it. WongPartnership was presented with an Appreciation Award by the Intellectual Property Office of Singapore (“IPOS”), for its support and contributions to the IP Management Community of Practice (“IPM CoP”) over the past two years, at the IPM CoP Forum 2013, held on 25 April 2013. The IPM CoP initiative was launched in 2011 with the aim to nurture IPM practitioners across various public agencies to better deal 08 | WongPartnership 2013 Joint Managing Partner (centre), Rachel Eng, together with Partners (L-R), Lam Chung Nian, Gail Ong, Choo Ai Leen, Christy Lim, Hui Choon Yuen and Andrew Ang Since the initiative was launched, WongPartnership has demonstrated strong support for it. At the inaugural IPM CoP Forum 2011, Lam Chung Nian, Head of the Intellectual Property, Technology & Media and Telecommunications Practices, gave a keynote presentation on “IP Issues relating to New Media”. In addition, WongPartnership has supported IPOS in creating awareness on better IPM practices by granting IPOS permission to upload specially-written case updates on intellectual property and later WongPartnership’s newsletter, LawWatch - Intellectual Property, Media & Technology Edition onto IPOS’ intranet for access by public officers. WongPartnership 2013 | 09 WONGPARTNERSHIP IN THE SPOTLIGHT WONGPARTNERSHIP RANKED 3RD IN LEGAL WEEK’S CLIENT SATISFACTION REPORT ASIA 25 March 2013 – WongPartnership has emerged as a top three legal advisor in Asia, based on an inaugural Client Satisfaction Report Asia released by Legal Week on 22 March. Legal Week is an independent legal publishing house based in the UK. The satisfaction survey measured the importance of six categories covering areas like the quality of legal advice, service delivery and responsiveness of legal service providers in the region. The responses of general counsel from over 200 companies placed the Firm in the top three in Asia with an aboveaverage score of 8.17 out of 10. As quoted in Legal Week’s report, “WongPartnership’s top scores in this year’s Client Satisfaction Report are for the quality of its legal advice and service delivery/responsiveness.” The only Singaporean firm ranked in the top three, WongPartnership was placed well above benchmark global and Asian averages in two categories – the quality of commercial advice and the quality of legal advice. The Firm also scored highly in service delivery and tied with another law firm in the top three for IT/Knowledge Management. The Firm’s cost/billing fared slightly better than the global average. FINANCIAL TIMES AND MERGERMARKET NAME WONGPARTNERSHIP “LEGAL ADVISOR OF THE YEAR” FOR SOUTH EAST ASIA WongPartnership has once again received recognition for its expertise in the M&A field as the “Legal Advisor of the Year” for South East Asia title at the Financial Times and mergermarket Asia-Pacific M&A Awards 2012. This is the third time WongPartnership has emerged as winner for “Legal Advisor of the Year” for South East Asia. The Financial Times and mergermarket Asia-Pacific M&A Awards recognise remarkable achievements within the financial, legal, corporate advisory and private equity spheres with an award for excellence. WongPartnership’s Corporate/M&A Practice continues to be active in some of the largest and high-profile M&A transactions in the region. Working in tandem with other practices such as Competition & Regulatory, Corporate Real Estate, Banking & Finance, Intellectual Property, Technology & Media and Telecommunications, the Firm’s Corporate/ M&A Practice has maintained its top-tier ranking and has been lauded as one of the best regional teams in various legal publications. “We are grateful to our clients for their continuing support of the Firm”, said Ng Wai King, Joint Managing Partner. “2012 has been an exciting year for M&A activities in Singapore, and we look forward to working closely with our clients to navigate the challenges of 2013.” “Homegrown law firm WongPartnership has for the third time been named legal adviser of the year for South-east Asia, with its involvement in several high profile merger and acquisition transactions last year.” Source: The Business Times, 15 January 2013 WONGPARTNERSHIP ONLY ASIAN LAW FIRM LISTED IN TOP 30 GLOBAL ARBITRATION LIST WongPartnership has been named one of the top 30 international arbitration practices worldwide by the widely respected Global Arbitration Review (GAR). This was announced at the 3rd Annual GAR Awards in Bogota, Colombia. The GAR 30 research follows a rigorous methodology that looks at each firm’s reputation/arbitrator appointments; volume of cases/merit hearings; and the value of the work. WongPartnership handles a wide gamut of international arbitration matters including one of Asia Pacific’s top arbitration cases – a dispute between the ASTRO group and the Lippo group concerning a joint venture for satellite pay television services in Indonesia. Occupying the 29th spot in the GAR 30 table, WongPartnership is the only Asian Firm in the top 30. The Firm has been climbing up the charts since its first appearance in the GAR 100 in 2010. The achievement is no mean feat, as it jostles among big name competitors from the Magic Circle and White Shoe firms, as well as other international heavyweights from the US and UK. For the second year running, WongPartnership beat law firms from 16 other countries to win “Best National Firm for Women in Business Law” and has been named “Best Firm in Singapore” at the Euromoney Legal Media Group’s Asia Women in Business Law Awards, which recognise leading female lawyers and law firms dedicated Head of the Firm’s International Arbitration Practice, Senior Partner, Alvin Yeo, Senior Counsel said: “WongPartnership’s International Arbitration Practice is growing as Singapore increases in popularity as a venue of choice for businesses seeking to arbitrate their disputes. The recognition by GAR is a testament to the impressive credentials of the Firm’s litigation and dispute resolution team, numbering over 100 lawyers including 37 Partners and four Senior Counsel.” 10 | WongPartnership 2013 WONGPARTNERSHIP LEADS THE WAY AGAIN IN GENDER DIVERSITY AND RETAINS TOP TIER RANKINGS IN LEADING LEGAL JOURNALS to the advancement of women in the legal profession. Partner, Chou Sean Yu, received the GAR 30 award on behalf of the Firm The Firm also bagged “Best National Firm for Talent Management” and “Best National Firm for Work-Life Balance”. The wins underline WongPartnership’s commitment and success in gender diversity. The winners were chosen based on independent expert opinions across the Asia Pacific region. Joint Managing Partner, Rachel Eng, said: “Our lawyers are our most important resource. We commit a lot of partners’ time and efforts to attract, develop, train and retain our talent. As our pool of human capital grew over the years, we developed and communicated various schemes to meet the needs of our lawyers. More importantly, the success of these schemes has been achieved on the back of the culture of the firm which is founded on the belief that we truly need to preserve every talent, whether male or female.” “We also have in place a Buddy and Mentor system for new associates, practice trainees and secondees to ensure that our new hires receive personal attention and guidance to grow into their roles. This also encourages professional development and knowledge transfer between the more experienced lawyers and young associates and practice trainees. Our flexible working arrangement, which was implemented over 10 years ago, has benefitted not only lawyers but staff as well,” added Rachel. WongPartnership 2013 | 11 WONGPARTNERSHIP IN THE SPOTLIGHT AWARDS & ACCOLADES “Tax & Trusts Law Firm of the Year” 2013 REBRAND 100 In 2012, WongPartnership went through a rebranding exercise as part of the Firm’s 20th anniversary. The Firm’s goal was to reposition itself as “the next number one law firm in Singapore”, by creating an image that reflected its status as a top tier Singapore law firm through visual identity and language. “IPP Financial Advisers Pte Ltd Award Singapore M&A Deal of the Year” – Heineken International B.V.’s acquisition of Asia Pacific Breweries Limited The work done was awarded a Distinction at the 2013 REBRAND 100, a global award that was open to any rebrand launched anywhere in the world between January 2010 and September 2012. “SE Asia Deal of the Year” – Heineken International B.V.’s acquisition of Asia Pacific Breweries Limited ALB South East Asia Awards, 2013 “Best M&A Deal” - Heineken International B.V.’s acquisition of Asia Pacific Breweries Limited FinanceAsia Achievement Awards, 2012 Tier 1 in Singapore (Domestic) ALB’s Private Equity Rankings, 2013 Band 1 in Capital Markets, Corporate/M&A, Projects & Energy and Real Estate Chambers Asia Pacific – Asia Pacific’s Leading Lawyers for Business, 2013 WongPartnership banners Brand guidelines Band 1 in Capital Markets, Corporate/M&A and Projects & Energy Chambers Global – The World’s Leading Lawyers for Business, 2013 WTR 1000 Recommended Firm 2013 Ranked as one of the world’s leading trademark professionals for prosecution and strategy in Singapore World Trademark Review 1000 – The World’s Leading Trademark Professionals, 2013 Ranked as a recommended firm Global Competition Review 100, 2012 Marketing collaterals after rebranding 12 | WongPartnership 2013 Website WongPartnership 2013 | 13 WONGPARTNERSHIP WELCOMES 2013 PROMOTIONS WongPartnership is pleased to announce the appointment of new Partners in 2013. CONFERENCES & SEMINARS PRIVATE BANKING ROUNDTABLE LEGAL DISCUSSION FAMILY OFFICE DIALOGUE WITH WONGPARTNERSHIP AND PWC SINGAPORE CIFTIS 2013 31 May 2013 – WongPartnership recently organised a roundtable discussion that centred on substantive issues that private banks currently face in Singapore as a result of regulatory changes or in relation to case law. 30 May 2013 – WongPartnership and PwC Singapore (“PwC”) jointly organised a Family Office Dialogue, which was well attended by about 20 participants. 28 May to 1 June – WongPartnership participated in the 2nd China Beijing International Fair for Trade in Services (CIFTIS) held at the China National Convention Centre in Beijing, China. Hosted by the Ministry of Commerce of the People’s Republic of China and the People’s Government of Beijing Municipality, the event showcased 1900 leading service providers from 117 participating countries. Partners, Elaine Chan, Chua Sui Tong, and Andrew Chow shared on the payment of commissions/retrocessions to distributors, the trends in private banking litigation in Singapore, and tax crimes as a predicate offence respectively. Today, Asian family businesses are presented with many investment opportunities whilst facing their own unique set of challenges. A sound Family Office structure is the ideal vehicle to achieve a family’s investment aims together with desired wealth and succession planning, whilst optimising its tax efficiency. Head of the Specialist & Private Client Disputes Practice, Sim Bock Eng, shared on the optimal structure for trust to plan and efficiently manage wealth. PwC’s Tax Partner, Anuj Kalgawala, presented on tax issues and opportunities in relation to Family Offices. Participants in discussion L-R: Annabelle Kang (Corporate Real Estate); Wendy Lin (Commercial & Corporate Disputes); Joyce Ng (Infrastructure, Construction & Engineering); Tan Beng Lee (Banking & Finance) Head of the Specialist & Private Client Disputes Practice, Sim Bock Eng Gerry Gan, Joint Head of the China Practice, participated in a panel discussion together with UOB, RSM Chio Lim and Rajah & Tann at the Singapore Day Seminar organised by the Singapore Business Federation as part of the event, and spoke about WongPartnership’s track record in representing clients, including those from PRC, using Singapore as a hub to expand into ASEAN. Mr Teo Ser Luck, Minister of State, Ministry of Trade and Industry graced the seminar as the Guest of Honour. Mr Tharman Shanmugaratnam, Deputy Prime Minister and Minister for Finance, was also present at the event. Tay Liam Kheng, Partner in the Corporate/Mergers & Acquisitions Practice participated in one-on-one business matching sessions held after the seminar and met up with various Chinese companies that were interested in the services which WongPartnership can provide. Partner, Gerry Gan participated in a panel discussion at the Singapore Day Seminar 14 | WongPartnership 2013 WongPartnership 2013 | 15 CONFERENCES & SEMINARS THE GLOBALISATION OF CORPORATE LIABILITY: AVOIDING THE REACH OF ATTRIBUTED AND OTHER LONG-ARM LIABILITY LAWS EFFECTIVELY HANDLING LEGAL & REGULATORY ISSUES RELATED TO DUE DILIGENCE IN SOUTH EAST ASIA LEGAL & TAX ASPECTS OF M&AS AND JOINT VENTURES FOR COMPANIES IN ASIA LITIGATION CONFERENCE: PRESENT CHALLENGES, FUTURE PROSPECTS ARBITRATION CHINA PRIVATE EQUITY IP: THE NEW CORPORATE BATTLEGROUND 23 May 2013 – Jointly organised by WongPartnership and Debevoise & Plimpton LLP, the seminar’s topics revolved around corporate liability, in particular the existence of adequate procedures and internal controls to enable corporations to avoid such attributed liability. 16 April 2013 – Partners, Mark Choy and Kenneth Leong, presented at a half day Masterclass titled ‘Effectively Handling Legal & Regulatory Issues Related to Due Diligence in South East Asia’. 21 to 22 March 2013 – Owyong Eu Gene, Partner, was invited to speak on drafting and negotiating sale and purchase agreements, commercial and legal considerations in joint ventures, and mastering the complexities of legal due diligence. 31 January to 1 February 2013 – Organised by The Law Society of Singapore, the inaugural Litigation Conference was dedicated to exploring issues arising from present developments and future prospects of litigation practice. The Conference, which was held at the Supreme Court Auditorium, saw judiciary, senior practitioners and industry experts across various jurisdictions come together to provide fresh insight on the latest developments in this area of practice. 5 December 2012 – Held at the Swissotel Grand in Shanghai, China, the Arbitration China Private Equity conference was well-attended by fund managers, general and limited partners, counsel of portfolio companies and law firms who sought to understand disputes relating to the private equity sphere. 3 December 2012 – In light of the recent spate of high profile multi-country intellectual property (“IP”) disputes between technology companies, WongPartnership, in collaboration with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, organised a seminar titled Intellectual Property: The New Corporate Battleground. This was the first seminar held at WongPartnership’s new premises at Marina Bay Financial Centre and Joint Managing Partner, Rachel Eng, was present to deliver the opening address. Organised by Asian Legal Business and held at the Thomson Reuters Auditorium, the Masterclass was aimed at providing attendees with a strong understanding of how to effectively handle due diligence processes in South East Asia. The speakers addressed key trends and issues arising from regional due diligence, with a particular focus on Indonesia. Founder-Consultant, Wong Meng Meng, Senior Counsel, gave an overview of Singapore’s anti-corruption laws, while Partner, Annabelle Yip, spoke on the attributed liability under the Securities and Futures Act. Debevoise & Plimpton LLP’s Partner, Lord (Peter) Goldsmith, Queen’s Counsel, and International Counsel, Philip Rohlik, presented on the corporate liability and adequate procedures under UK law and corporate liability and internal controls in U.S. securities laws respectively. The two-day interactive executive programme was organised by Clariden Global for executives who are involved in corporate M&As and joint ventures, aimed at providing a solid foundation and framework to successfully execute transactions in Asia. More than 30 participants attended the programme that was held at Shangri-La Hotel, Singapore. Wong Meng Meng, Senior Counsel, WongPartnership’s Founder-Consultant, was the Chairperson for the panel discussion on Access to Courts, Access to Justice. Andre Maniam, Senior Counsel, Head of Litigation & Dispute Resolution Group, participated in the Conference as a panellist on Due Process. Chou Sean Yu, Partner, was one of the panellists discussing the possible disputes that could arise or have arisen in private equity transactions. Other speakers included highlyexperienced disputes and transaction lawyers, as well as arbitrators, who shared their views and experiences. Partner, Mark Choy The seminar included a panel discussion with the speakers reviewing enforcement actions in the UK and U.S. and sharing critical insight on how internal controls should be implemented in the Singapore context. The seminar discussed how companies should respond to these trends, as well as how alternative dispute resolution (“ADR”) could be an option for resolving IP disputes. Lam Chung Nian, Head of the Intellectual Property, Technology & Media and Telecommunications Practices, spoke on IP strategies in the current landscape. Guest speaker, Erik Wilbers, Director of the WIPO Center in Geneva, Switzerland, shared his insights in IP disputes and ADR, as well as his experiences at the WIPO Center, a neutral international provider of specialised IP ADR services, including mediation, arbitration and expert determination. Partner, Chou Sean Yu, sharing on disputes relating to private equity transactions. Partner, Owyong Eu Gene Founder-Consultant, Wong Meng Meng, Senior Counsel Partner, Kenneth Leong Head, Litigation & Dispute Resolution Group, Andre Maniam, Senior Counsel (third from left) and other speakers. Founder-Consultant, Wong Meng Meng, Senior Counsel; Partner, Lord Goldsmith, Queen’s Counsel; Partner, Annabelle Yip; and International Counsel, Philip Rohlik. 16 | WongPartnership 2013 Head, Intellectual Property, Technology & Media and Telecommunications Practices, Lam Chung Nian WongPartnership 2013 | 17 WONGPARTNERSHIP IN THE COMMUNITY LENDING A HELPING HAND SINGAPORE OLYMPIC FOUNDATIONPETER LIM CHARITY CUP WongPartnership’s lawyers are no strangers to pro bono work, often actively helping those in need of free legal aid. The Firm, which has been a strong advocate of providing assistance to the needy, launched its Pro Bono Practice last year in a bid to widen its scope of service offerings. 22 May 2013 – WongPartnership is proud to support the Singapore Olympic Foundation-Peter Lim Charity Cup, which saw a Singapore Selection playing an international match against newly-crowned Spanish King’s Cup champions Atletico Madrid. Associate, Muhammad Nizam has been actively helping out under the Criminal Legal Aid Scheme. The Scheme is a project run and administered by the Law Society of Singapore that seeks to provide criminal legal assistance to the poor and needy in non-capital charges. Nizam shares on his pro bono experience: Funds raised by the event will be used to help promising young athletes from financially challenged backgrounds to achieve their goals in sports. Q What is an interesting case you have encountered in the course of your pro bono work? A I was given the opportunity to assist in the defence of an individual who was jointly charged with another individual for importing drugs. What was interesting about this case is the fact our client maintained his innocence even though the co-accused had already pleaded guilty to the same offence. We also had to deal with conflicting statements made by the co-accused which implicated and exonerated our client in the commission of the offence. It was only during the week before the trial that the Prosecution agreed to amend their plea offer after considering our written representations and proceeded on an amended charge of possession of drugs, on the condition that our client pleads guilty to the amended charge. Our client agreed to do so and was later sentenced to four years imprisonment from the date of his remand. Associate, Muhammad Nizam SINGAPORE DISABLED SPORTS COUNCIL CORPORATE BOWL 2013 Q What do you find most fulfilling about taking on pro bono work? 2 March 2013 – The Singapore Disabled Sports Council organised a corporate bowl at the Orchid Country Club in support of athletes with disabilities. The event raised S$40,000 in funds, which would go into providing sporting equipment, nutrition and sports classes for the Council’s athletes. A It’s being able to help someone make a difference in their life. When I met our client after he was sentenced, he informed us that he was grateful with the help that we had given him, given the possibility of facing a charge of importing drugs which carried a minimum sentence of 20 years imprisonment (based on the weight and type of the drugs found on him). Each sponsor company sent three representatives who were teamed up with one disabled bowler, giving them an opportunity to interact and bond with each other. Q How do you find time out of your busy schedules to get involved in pro bono work? WongPartnership’s team, consisting of Partner, Karen Yeoh and Associates, Alvis Liu and Yin Juon Qiang, emerged as the champions for the competition. Juon Qiang took home the 7th prize for the individual bowler category. A Being able to manage your time is key! Having bosses who support our involvement in pro bono work also helps in allowing us to allocate time to visit our client in prison to prepare his defence and to represent him in court. Q Why do you think it is necessary for lawyers to contribute to society? A There are many individuals who are in need of legal advice and representation but are not able afford such services. Lawyers are the only ones qualified to provide such services and should therefore play their part in helping these individuals navigate through the Singapore legal system. 18 | WongPartnership 2013 The WongPartnership team and BADS bowler, Ken (right) receiving the trophy from Associate Professor Mohan Menon, President of the Association for Persons with Special Needs. Karen shared: “The Corporate Bowl was a good chance for us to see the stellar quality of para-bowlers from Bowling for the Disabled Singapore (BADS) that the funds raised were going towards. It was a very fun and rewarding Saturday morning for Alvis, Juon Qiang and me to bowl with our BADS bowler, Ken, and it was an unexpected bonus to bring home the winning trophy!” WongPartnership 2013 | 19 LEGAL UPDATES WongPartnership provides in-depth analysis on the potential implications of new legislations and case judgements as a value-added service to clients. To access the full articles, please visit wongpartnership.com. LegisWatch Designation of Tax Crimes as Money Laundering Predicate Offences 24 April 2013 On 28 March 2013, the Monetary Authority of Singapore (“MAS”) issued its Response to Feedback Received to its Consultation Paper to Designate Tax Crimes as Money Laundering Predicate Offences in Singapore (“Response”). The Private Banking Industry Group (“PBIG”) has also amended the Private Banking in Singapore: Code of Conduct (“Code”) to include a new addendum setting out its guidance on Industry Sound Practices relating to the designation of serious tax offences as predicate offences to money laundering in Singapore. The PDPCs FAQs and Other Information Implementing Compliance PDPA 11 January 2013 The Ministry of Communications and Information has gazetted the Personal Data Protection Act 2012 (Commencement) Notification 2012 and the Personal Data Protection (Appointment of Administration Body) Notification 2012. LawWatch 20 | WongPartnership 2013 LawWatch Corporate Governance Edition 4 April 2013 This edition covers developments in the area of corporate governance. The focus will not only be on developments that have taken place in Singapore, but also significant corporate governance developments internationally that we think may be of interest to our clients. Issue 2 of 2013 27 March 2013 This edition discusses matters relating to Banking & Finance, Criminal Law and Insolvency. Financial Services February Edition 27 February 2013 In this edition, legal developments in various areas relating to criminal law, insolvency, international arbitration and landlord and tenant issues are discussed. This edition covers the following topics: Securities and Futures (Amendment) Act 2012 and the Financial Advisers (Amendment) Act 2012 Passed; MAS’ Recover and Resolution Powers to be Extended to Other Financial Institutions; Consultation Papers Affecting the Insurance Industry; MAS Proposes More Stringent Requirements for Related Party Transactions; Changes to the Regulatory Framework for CIS Proposed; and Consultation Paper on Draft Regulations Pursuant to the Securities and Futures Act and Financial Advisers Act. Intellectual Property, Media & Technology Edition 22 May 2013 Issue 1 of 2013 1 February 2013 This specialised edition covers developments in the area of intellectual property, media and technology. Topics discussed include copyright, domain names and patents. This edition elaborates and discusses matters relating to Banking & Financial Disputes, Commercial & Corporate Litigation, Construction, Restraint of Trade and Tax. Issue 3 of 2013 7 May 2013 Intellectual Property, Media & Technology January Edition 4 January 2013 This issue contains details on some of the significant matters WongPartnership has been involved in, as well as matters relating to Construction, Defamation and Trust and Estoppel. This edition includes updates and deals analysis in the Intellectual Property, Media & Technology area. Issue 4 of 2013 31 May 2013 WongPartnership 2013 | 21 CONTACT DETAILS WongPartnership LLP Alvin YEO, Senior Counsel Senior Partner d +65 6416 8101 e alvin.yeo@wongpartnership.com Rachel ENG Joint Managing Partner d +65 6416 8002 e rachel.eng@wongpartnership.com NG Wai King Joint Managing Partner Head - Corporate Group d +65 6416 8022 e waiking.ng@wongpartnership.com TAN Chee Meng, Senior Counsel Deputy Managing Partner d +65 6416 8188 e cheemeng.tan@wongpartnership.com Andre MANIAM, Senior Counsel Head – Litigation & Dispute Resolution Group d +65 6416 8134 e andre.maniam@wongpartnership.com Susan WONG Head – Financial Services Group d +65 6416 2402 e susan.wong@wongpartnership.com Dorothy Marie NG Head – Corporate Real Estate Practice d +65 6416 2408 e dorothymarie.ng@wongpartnership.com Senior Counsel Alvin YEO, Senior Counsel Senior Partner d +65 6416 8101 e alvin.yeo@wongpartnership.com Elaine CHAN d +65 6416 8010 e elaine.chan@wongpartnership.com Corporate Group Competition NG Wai King d +65 6416 8022 e waiking.ng@wongpartnership.com Jenny TSIN d +65 6416 8110 e jenny.tsin@wongpartnership.com Corporate/Mergers & Acquisitions NG Wai King d +65 6416 8022 e waiking.ng@wongpartnership.com Energy & Projects TAY Peng Cheng e +65 6416 8121 d pengcheng.tay@wongpartnership.com Andrew ANG d +65 6416 8007 e andrew.ang@wongpartnership.com Ian DE VAZ d +65 6416 8128 e ian.devaz@wongpartnership.com Corporate Real Estate Dorothy Marie NG d +65 6416 2408 e dorothymarie.ng@wongpartnership.com Environmental & Green Economy LOW Kah Keong d +65 6416 8209 e kahkeong.low@wongpartnership.com Carol Anne TAN d +65 6416 8268 e carolanne.tan@wongpartnership.com Rosabel NG d +65 6416 8269 e rosabel.ng@wongpartnership.com Litigation & Dispute Resolution Group Banking & Financial Disputes CHOU Sean Yu d +65 6416 8133 e seanyu.chou@wongpartnership.com Intellectual Property/Technology & Media LAM Chung Nian d +65 6416 8271 e chungnian.lam@wongpartnership.com Manoj Pillay SANDRASEGARA d +65 6416 8106 e manoj.sandra@wongpartnership.com Commercial & Corporate Disputes CHAN Hock Keng d +65 6416 8139 e hockkeng.chan@wongpartnership.com Andre MANIAM, Senior Counsel Head – Litigation & Dispute Resolution Group d +65 6416 8134 e andre.maniam@wongpartnership.com Joy TAN d +65 6416 8138 e joy.tan@wongpartnership.com Financial Services Group Asset Management & Funds LOW Kah Keong d +65 6416 8209 e kahkeong.low@wongpartnership.com Elaine CHAN d +65 6416 8010 e elaine.chan@wongpartnership.com Banking & Finance Susan WONG d +65 6416 2402 e susan.wong@wongpartnership.com Alvin CHIA d +65 6416 8214 e alvin.chia@wongpartnership.com Capital Markets Rachel ENG d +65 6416 8002 e rachel.eng@wongpartnership.com HUI Choon Yuen d +65 6416 8204 e choonyuen.hui@wongpartnership.com Gail ONG d +65 6416 8205 e gail.ong@wongpartnership.com LONG Chee Shan d +65 6416 8210 e cheeshan.long@wongpartnership.com Financial Services Regulatory Joy TAN d +65 6416 8138 e joy.tan@wongpartnership.com 22 | WongPartnership 2013 Employment Vivien YUI d +65 6416 8009 e vivien.yui@wongpartnership.com Ameera ASHRAF d +65 6416 8113 e ameera.ashraf@wongpartnership.com TAN Chee Meng, Senior Counsel Deputy Managing Partner d +65 6416 8188 e cheemeng.tan@wongpartnership.com WONG Meng Meng, Senior Counsel Founder – Consultant d +65 6416 8001 e mengmeng.wong@wongpartnership.com Derivatives & Structured Finance Rosabel NG d +65 6416 8269 e rosabel.ng@wongpartnership.com Specialist & Private Client Disputes SIM Bock Eng d +65 6416 8108 e bockeng.sim@wongpartnership.com Melanie HO d +65 6416 8127 e melanie.ho@wongpartnership.com Infrastructure, Construction & Engineering Christopher CHUAH d +65 6416 8140 e christopher.chuah@wongpartnership.com TAY Peng Cheng d +65 6416 8121 e pengcheng.tay@wongpartnership.com International Arbitration Alvin YEO, Senior Counsel d +65 6416 8101 e alvin.yeo@wongpartnership.com Andre MANIAM, Senior Counsel d +65 6416 8134 e andre.maniam@wongpartnership.com Specialised Practices Business Establishment Annabelle YIP d +65 6416 8249 e annabelle.yip@wongpartnership.com Vivien YUI d +65 6416 8009 e vivien.yui@wongpartnership.com Corporate Governance & Compliance Joy TAN d +65 6416 8138 e joy.tan@wongpartnership.com Annabelle YIP d +65 6416 8249 e annabelle.yip@wongpartnership.com Jeffrey LIM d +65 6416 8250 e jeffrey.lim@wongpartnership.com Private Equity Andrew ANG d +65 6416 8007 e andrew.ang@wongpartnership.com Private Wealth HUI Choon Yuen d +65 6416 8204 e choonyuen.hui@wongpartnership.com SIM Bock Eng d +65 65 6416 8108 e bockeng.sim@wongpartnership.com Restructuring & Insolvency CHOU Sean Yu d +65 6416 8133 e seanyu.chou@wongpartnership.com Manoj Pillay SANDRASEGARA d +65 6416 8106 e manoj.sandra@wongpartnership.com Mark CHOY d +65 6416 8014 e mark.choy@wongpartnership.com Shipping & International Trade Andre MANIAM, Senior Counsel d +65 6416 8134 e andre.maniam@wongpartnership.com Derek TAN d +65 6517 8706 e derek.tan@wongpartnership.com Tax TAN Kay Kheng d +65 6416 8102 e kaykheng.tan@wongpartnership.com Telecommunications LAM Chung Nian d +65 6416 8271 e chungnian.lam@wongpartnership.com NG Wai King d +65 6416 8022 e waiking.ng@wongpartnership.com International Practices ASEAN Andre MANIAM, Senior Counsel d +65 6416 8134 e andre.maniam@wongpartnership.com NG Wai King d +65 6416 8022 e waiking.ng@wongpartnership.com China Joseph HE Jun d +65 6416 8218 e joseph.he@wongpartnership.com Gerry GAN d +65 6416 8006 e gerry.gan@wongpartnership.com India Andre MANIAM, Senior Counsel d +65 6416 8134 e andre.maniam@wongpartnership.com LOW Kah Keong d +65 6416 8209 e kahkeong.low@wongpartnership.com Middle East Mark CHOY d +65 6416 8014 e mark.choy@wongpartnership.com Ian DE VAZ d +65 6416 8128 e ian.devaz@wongpartnership.com Editor Christopher CHUAH We welcome your feedback on our newsletter. The articles in this issue are for general information only and readers are advised to seek specific legal advice before acting on the contents set out herein. Incorrect Mailing We apologise if there are any inaccuracies to your mailing details or if you do not wish to receive this newsletter. Please inform us at contactus@wongpartnership.com so that our database can be updated immediately. Singapore WongPartnership LLP 12 Marina Boulevard Level 28 Marina Bay Financial Centre Tower 3 Singapore 018982 Tel: +65 6416 8000 Fax: +65 6532 5711/5722 China WongPartnership LLP Beijing Representative Office Unit 3111 China World Office 2 1 Jianguomenwai Avenue, Chaoyang District Beijing 100004, PRC Tel: +86 10 6505 6900 Fax: +86 10 6505 6902 WongPartnership LLP Shanghai Representative Office Unit 5006 Raffles City Office Tower 268 Xizang Road Central Shanghai 200001, PRC Tel: +86 21 6340 3131 Fax: +86 21 6340 3315 Middle East WongPartnership LLP Abu Dhabi Branch Al Bateen Towers, Building C3, Office 11-01 (P1) P.O. Box No. 37883 Abu Dhabi, UAE Tel: +971 2 651 0800 Fax: +971 2 635 9706 WongPartnership LLP Licensed by the QFCA Office 12-20 Amwal Tower, West Bay P.O. Box No. 15397 Doha, Qatar Tel: +974 4491 2332 Fax: +974 4491 2339 contactus@wongpartnership.com wongpartnership.com WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnership registered in Singapore under the Limited Liability Partnerships Act (Chapter 163A). wongpartnership.com