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 [email protected]
Rachel ENG
Joint Managing Partner
d +65 6416 8002
e [email protected]
NG Wai King
Joint Managing Partner
Head - Corporate Group
d +65 6416 8022
e [email protected]
TAN Chee Meng, Senior Counsel
Deputy Managing Partner
d +65 6416 8188
e [email protected]
Andre MANIAM, Senior Counsel
Head – Litigation & Dispute Resolution Group
d +65 6416 8134
e [email protected]
Susan WONG
Head – Financial Services Group
d +65 6416 2402
e [email protected]
Dorothy Marie NG
Head – Corporate Real Estate Practice
d +65 6416 2408
e [email protected]
Senior Counsel
Alvin YEO, Senior Counsel
Senior Partner
d +65 6416 8101
e [email protected]
Elaine CHAN
d +65 6416 8010
e [email protected]
Corporate Group
Competition
NG Wai King
d +65 6416 8022
e [email protected]
Jenny TSIN
d +65 6416 8110
e [email protected]
Corporate/Mergers & Acquisitions
NG Wai King
d +65 6416 8022
e [email protected]
Energy & Projects
TAY Peng Cheng
e +65 6416 8121
d [email protected]
Andrew ANG
d +65 6416 8007
e [email protected]
Ian DE VAZ
d +65 6416 8128
e [email protected]
Corporate Real Estate
Dorothy Marie NG
d +65 6416 2408
e [email protected]
Environmental & Green Economy
LOW Kah Keong
d +65 6416 8209
e [email protected]
Carol Anne TAN
d +65 6416 8268
e [email protected]
Rosabel NG
d +65 6416 8269
e [email protected]
Litigation & Dispute Resolution Group
Banking & Financial Disputes
CHOU Sean Yu
d +65 6416 8133
e [email protected]
Intellectual Property/Technology & Media
LAM Chung Nian
d +65 6416 8271
e [email protected]
Manoj Pillay SANDRASEGARA
d +65 6416 8106
e [email protected]
Commercial & Corporate Disputes
CHAN Hock Keng
d +65 6416 8139
e [email protected]
Andre MANIAM, Senior Counsel
Head – Litigation & Dispute Resolution Group
d +65 6416 8134
e [email protected]
Joy TAN
d +65 6416 8138
e [email protected]
Financial Services Group
Asset Management & Funds
LOW Kah Keong
d +65 6416 8209
e [email protected]
Elaine CHAN
d +65 6416 8010
e [email protected]
Banking & Finance
Susan WONG
d +65 6416 2402
e [email protected]
Alvin CHIA
d +65 6416 8214
e [email protected]
Capital Markets
Rachel ENG
d +65 6416 8002
e [email protected]
HUI Choon Yuen
d +65 6416 8204
e [email protected]
Gail ONG
d +65 6416 8205
e [email protected]
LONG Chee Shan
d +65 6416 8210
e [email protected]
Financial Services Regulatory
Joy TAN
d +65 6416 8138
e [email protected]
22 | WongPartnership 2013
Employment
Vivien YUI
d +65 6416 8009
e [email protected]
Ameera ASHRAF
d +65 6416 8113
e [email protected]
TAN Chee Meng, Senior Counsel
Deputy Managing Partner
d +65 6416 8188
e [email protected]
WONG Meng Meng, Senior Counsel
Founder – Consultant
d +65 6416 8001
e [email protected]
Derivatives & Structured Finance
Rosabel NG
d +65 6416 8269
e [email protected]
Specialist & Private Client Disputes
SIM Bock Eng
d +65 6416 8108
e [email protected]
Melanie HO
d +65 6416 8127
e [email protected]
Infrastructure, Construction & Engineering
Christopher CHUAH
d +65 6416 8140
e [email protected]
TAY Peng Cheng
d +65 6416 8121
e [email protected]
International Arbitration
Alvin YEO, Senior Counsel
d +65 6416 8101
e [email protected]
Andre MANIAM, Senior Counsel
d +65 6416 8134
e [email protected]
Specialised Practices
Business Establishment
Annabelle YIP
d +65 6416 8249
e [email protected]
Vivien YUI
d +65 6416 8009
e [email protected]
Corporate Governance & Compliance
Joy TAN
d +65 6416 8138
e [email protected]
Annabelle YIP
d +65 6416 8249
e [email protected]
Jeffrey LIM
d +65 6416 8250
e [email protected]
Private Equity
Andrew ANG
d +65 6416 8007
e [email protected]
Private Wealth
HUI Choon Yuen
d +65 6416 8204
e [email protected]
SIM Bock Eng
d +65 65 6416 8108
e [email protected]
Restructuring & Insolvency
CHOU Sean Yu
d +65 6416 8133
e [email protected]
Manoj Pillay SANDRASEGARA
d +65 6416 8106
e [email protected]
Mark CHOY
d +65 6416 8014
e [email protected]
Shipping & International Trade
Andre MANIAM, Senior Counsel
d +65 6416 8134
e [email protected]
Derek TAN
d +65 6517 8706
e [email protected]
Tax
TAN Kay Kheng
d +65 6416 8102
e [email protected]
Telecommunications
LAM Chung Nian
d +65 6416 8271
e [email protected]
NG Wai King
d +65 6416 8022
e [email protected]
International Practices
ASEAN
Andre MANIAM, Senior Counsel
d +65 6416 8134
e [email protected]
NG Wai King
d +65 6416 8022
e [email protected]
China
Joseph HE Jun
d +65 6416 8218
e [email protected]
Gerry GAN
d +65 6416 8006
e [email protected]
India
Andre MANIAM, Senior Counsel
d +65 6416 8134
e [email protected]
LOW Kah Keong
d +65 6416 8209
e [email protected]
Middle East
Mark CHOY
d +65 6416 8014
e [email protected]
Ian DE VAZ
d +65 6416 8128
e [email protected]
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
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your mailing details or if you do not wish to
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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
[email protected]
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