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English-speaking expats are edging out of the market as Chinese-speaking equivalents come to dominate the scene in Hong Kong, fulfilling the needs of many PRC clients, who not only value the language capabilities but also the cultural affinity with China. In perhaps one of the most high-profile moves of 2016, Chiann Bao joined the dispute resolution practice at Skadden, Arps, Slate, Meagher & Flom LLP, bringing not only Mandarin language skills but also vast experience as the former secretary general of the Hong Kong International Arbitration Centre (HKIAC).
Hong Kong remains a tough place for firms to operate in, owing to intense fee pressures, especially in areas such as Hong Kong IPOs, where lawyers have to work hard to complete deals while generating respectable margins. Indeed, many simply work on IPOs in the hope of developing longer-standing relationships with banks and issuers.
In an incredibly fluid market, Hong Kong continues to experience a high frequency of lateral moves. Many international firms continue to show determination in gaining a foothold in Asia’s principal financial centre outside of Japan. For example, Latham & Watkins LLP rebooted its Hong Kong practice with hire of M&A and private equity specialists Simon Cooke from Clifford Chance, Amy Beckingham from Freshfields Bruckhaus Deringer, and Frank Sun from Kirkland & Ellis. It also recruited acquisition and leveraged finance leader Gary Hamp from Hogan Lovells’ London office.
The market also experienced a number of senior-level retirements in 2015 and 2016. In the corporate and M&A segment, Roger Denny, Neil Hyman, Teresa Ma, Gary McLean and Jamie Barr all stepped down from Clifford Chance, Slaughter and May, Linklaters, Allen & Overy and Hogan Lovells respectively. In the debt capital markets space, Bryant Edwards retired from Latham & Watkins LLP and Jeremy Webb from Linklaters.
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Recognising in-house innovation, quality and excellence, the GC Powerlist: Australia and New Zealand identifies an array of the most influential and innovative in-house counsel working in these two jurisdictions.
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In a recent speech given by Mr. Carlson Tong, Chairman of the Securities and Futures Commission, Mr. Tong pointed out that companies can improve corporate governance by attaching higher importance to the role of their board of directors as an internal gatekeeper. Mr. Tong said that this can be done more easily by having effective independent non-executive directors (INEDs) on the board.
Authorities in Hong Kong have taken further steps in their deliberate approach to enforcing the Competition Ordinance. A little over a year after it was appointed, the Competition Commission released a report in which it provides a brief introduction to the Ordinance as well as a roadmap leading to its full entry into force. The report also explains how the Commission will prioritise its enforcement activities, and identifies the guidelines, policies and compliance tools which it plans to release before the Ordinance is enforced. Currently only some of the institutional provisions of the Ordinance are effective, allowing the Commission and the Competition Tribunal to prepare for enforcement.
The Hong Kong Competition Ordinance was enacted by the Legislative Council in June 2012. You can download our briefing here .
A recent Hong Kong case reminded us of the importance of getting things right when executing documents in virtual closings, particularly in relation to deeds.
After years of debate, on 14 June 2012 and in its last days of office, the Legislative Council finally enacted Hong Kong’s first cross- sector competition law.
The Hong Kong Personal Data (Privacy) Ordinance Has Been Amended: Are Your Data Protection PracticesThe Personal Data (Privacy) Amendment Ordinance (the "Amendment Ordinance") was passed on 27 June 2012.
The Ministry of Commerce of the People's Republic of China (“MOFCOM”) passed the Provisional Measures on the Investigation and Handling of Concentrations between Business Operators which were Not Notified in accordance with the Law (the “Provisional Measures”) on 30 December 2011, and uploaded them on its website on 5 January 2012.
will it emerge (relatively) unscathed or is its very survival threatened?
Article by Timothy Loh and Sherry Xiao
The meltdown in global financial markets has triggered a consolidation of the financial services industry as securities firms, asset managers, insurers and banks alike spin-off assets and restructure their operations to shore up capital. These transactions are often global in nature, involving substantial Hong Kong operations. In this article, we review the basic Hong Kong legal and regulatory framework for these transactions and present some lessons learned.
NautaDutilh assisted Raizen Fuels Finance S.A., as issuer on its USD 500 million 5.3% senior notes offering which successfully closed on 20th January. The issuer is part of the Brazilian Raizen group, the world largest individual producer of sugar cane. The Raizen group also operates a network of more than 5,800 Shell-branded stations in Brazil.
Goltsblat BLP , the Russian practice of international law firm Berwin Leighton Paisner (BLP), has advised ICBC International Leasing , the leasing subsidiary of the world’s biggest financial group, on delivery of six Airbus A321-211 aircraft to Aeroflot.
Seriously offending one’s work colleagues constitutes good cause justifying exceptional notice of dismissal with immediate effect. That was the verdict of the Landesarbeitsgericht (LAG) Rheinland-Pfalz [Regional Labour Court of Rhineland-Palatinate] (Az.: 4 Sa 350/15).
It is possible for the removal of a company from the commercial register to be instigated by the competent authorities due to a lack of assets. Those who wish to oppose such a move should act immediately.
The managing director of a GmbH, a type of German private limited company, is exposed to considerable liability risks. Legal advice ought to be urgently sought to minimize these risks as well as in the event of something happening that raises the issue of liability.
13 February, 2017
If a GmbH, a type of German private limited company, wishes to part company with a manging director, simply dismissing him won’t cut it. The managing director also needs to be removed from his post.