The Legal 500

Linklaters

10TH FLOOR, ALEXANDRA HOUSE, CHATER ROAD, HONG KONG
Tel:
Work +852 2842 4888
Fax:
Fax +852 2810 8133
Web:
www.linklaters.com

What we say about the firm's legal practice in Hong Kong

Banking and finance

Within Banking and finance, Linklaters LLP is a first tier firm,

Trevor Clark runs Linklaters’ practice, focusing on structured lending, trade finance, leveraged acquisition finance and syndicated facilities. David Irvine acted for Korea Development Bank in restructuring and refinancing a $400m bridge facility regarding the acquisition of a US cable manufacturer, while the practice also advised Hong Kong Telecommunications on HK$23.8bn loan facilities. John Maxwell is a key figure, though practice stalwart Patrick Fontaine has retired.

Capital markets (debt and equity)

Within Capital markets (debt and equity), Linklaters LLP is a first tier firm,

The ‘standout practice’ at Linklaters is ‘an excellent one-stop shop’ for Hong Kong, UK and US law and is equally adept in debt and equity capital markets (DCM and ECM respectively). Andrew Malcolm and Jeremy Webb have ‘the number one convertible bond practice’, while Celia Lam is ‘much better than anyone else at IPOs’. The transfer of David Ludwick and Jon Gray help offset the loss of Patrick Sheil to the London office and William Liu to Shanghai. The practice is ‘the best in terms of consistent delivery of service and strength of bench’ and clients compliment ‘the breadth of their practice - they work on anything from medium term note (MTN) programme updates to complex convertible bonds’. Nigel Pridmore advised Morgan Stanley and UBS as underwriters to Soho China’s HK$2.8bn convertible bond, and the Bank of New York Mellon as trustee to the bondholders.

Corporate (including M&A)

Within Corporate (including M&A), Linklaters LLP is a first tier firm,

Linklaters has seemingly been involved in all the best deals recently, such as acting for Lehman Brothers in the fast-moving $225m sale of its Asian operations to Nomura. Similarly high-profile representations include Rio Tinto on its $19.5bn partnership with Chinalco, and RBS Asia on the proposed privatisation of PCCW. Clients praise Keith Johnson for ‘excellent technical knowledge and ability to manage complex analysis’, and newly promoted Samantha Thompson as ‘thorough, responsive and bright’. The team offers ‘good calibre advice’ and is ‘very user-friendly’; Teresa Ma and Chris Kelly are also recommended.

Dispute resolution

Within Dispute resolution , Linklaters LLP is a first tier firm,

Linklaters continues to see a steady stream of work, with the ‘talented’ Marc Harvey singled out as possessing ‘very good judgement on strategy in litigious matters’. The specialised team is known for regulatory work and advising financial institutions, where it regularly secures high profile cases such as acting for Ernst & Young, defending a multi-hundred million dollar audit negligence case. Partner Tom Lidstrom joined in January 2009, adding experience in cross-border litigation and international arbitration. ‘You really cannot go wrong with them’, says one client.

Employment

Within Employment , Linklaters LLP is a second tier firm,

Linklaters has developed a special focus in advising financial clients on their employment related issues, where the team has seen several downsizing matters in the M&A and insolvency context. Counsel Rowan McKenzie heads the team that advised Lehman Brothers on the employment aspects of the $225m sale of Lehman Brothers’ Asian business to Nomura.

Hong Kong overview

Investment funds

Within Investment funds, Linklaters LLP is a third tier firm,

Linklaters’ practice is led by counsel Michael Guilday, who displays ‘very good technical knowledge with a strong commercial view’. The practice is ‘prompt and professional both in terms of quality of service and of advice’, advising Alibaba Investment on its $200m acquisition of a Hong Kong and Singapore-based hedge fund business.

Private equity

Within Private equity, Linklaters LLP is a second tier firm,

The ‘very helpful team’ at Linklaters is headed by Chris Kelly, with Betty Yap and John Maxwell also recommended. Clients say ‘the team’s response times are very quick and their advice is very good with a strong commercial edge’. The practice represented Morgan Stanley Private Equity Asia as part of a consortium in the acquisition of Norske Skog Korea for $835m, completed in September 2008. Other high profile clients include Affinity Equity Partners, Blackstone and Carlyle.

Projects and energy

Within Projects and energy, Linklaters LLP is a first tier firm,

Linklaters’ top-notch finance practice works closely with the energy and infrastructure group, focusing on power-related matters. The practice is ‘client-focused and responsive’ as well as ‘helpful and business-oriented’. The practice is strong regionally, having advised the lenders on the potential $3-4bn acquisition financing of Seraya Power Generation in Singapore, and acting for lenders in restructuring the debt facilities of the $2bn Pusan Newport Project in Korea. John Maxwell leads the team, though Patrick Fontaine has retired.

Real estate

Within Real estate , Linklaters LLP is a second tier firm,

Linklaters is active in the real estate financing arena, where Jeremy Webb advised HSBC on the establishment of the first medium term note programme established by a REIT in Hong Kong. Edward Smith moved to Hong Kong from the London office to lead the investment management group, focusing on private real estate fund formations.

Regulatory

Within Regulatory, Linklaters LLP is a first tier firm,

Linklaters ‘considers all the business aspects of a transaction’ and ‘has the ability to apply the law to actual working issues’. Carl Fernandes and Marc Harvey focus on non-contentious and contentious work respectively. Other significant individuals include recent partner Umesh Kumar and Melvin Sng. The practice advised Merrill Lynch on non-US regulatory aspects of its merger with Bank of America, and handled the restructuring and disposal of Lehman Brothers Asia. Additional clients include HSBC, RBS, Standard Chartered Bank and BlackRock.

Restructuring and insolvency

Within Restructuring and insolvency, Linklaters LLP is a third tier firm,

Linklaters advised on the largest matter of the year, estimated at $225m, acting for Lehman Brothers and liquidators KPMG on the restructuring and disposal of the company’s operations in Asia and transfer of assets to Nomura. Melvin Sng led this transaction, and Trevor Clark is the other key partner. The team is also advising a syndicate of lenders on the $2bn debt restructuring of Pusan Newport in Korea.

Structured finance and securitisation

Within Structured finance and securitisation, Linklaters LLP is a first tier firm,

Linklaters has, according to clients, a ‘dedicated structured finance team’ which is ‘strong in OTC derivatives’ and offers ‘good coverage of the international structured finance area’. The ‘market-leading derivatives lawyer’ Chin Chong Liew led the team advising JPMorgan, Deutsche Bank and Bank of East Asia on the acquisition of shares in SCMP Group in order to restore the public float of the company, with a total value of HK$382.5m. The team also worked with the firm’s restructuring team on close-out issues relating to the liquidation of Lehman Brothers. Key individuals include Andrew Malcolm and counsel Mary Matson. The practice is ‘technically strong across a broad range of financial products’ and ‘appreciates the commercial realities of our business’.

TMT

Within TMT


What we say worldwide

Please choose another Linklaters LLP office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

United Arab Emirates

Offices in Dubai

Belgium

Offices in Brussels and Antwerp

China

Offices in Shanghai and Beijing

Germany

Offices in Berlin, Frankfurt, Munich, and Dusseldorf

Algeria

Spain

Offices in Madrid

France

Offices in Paris

Hong Kong

Offices in Hong Kong

Indonesia

India

Italy

Offices in Rome and Milan

Japan

Offices in Tokyo

Jordan

Cayman Islands

Lebanon

London

Offices in London and London

Luxembourg

Offices in Luxembourg

Libya

Morocco

Netherlands

Offices in Amsterdam

Oman

UK Overview

Philippines

Poland

Offices in Warsaw

Portugal

Offices in Lisbon

Qatar

Russia

Offices in Moscow

Scotland

Sweden

Offices in Stockholm

Singapore

Offices in Singapore

South Korea

Thailand

Offices in Bangkok

Tunisia

US

Offices in New York

Vietnam

Legal Developments in Hong Kong

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Cayman Investment Company Obtains Chapter 15 Protection in the United States

    The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.
    - Harney Westwood & Riegels
  • BVI to update Intellectual Property laws

    As the British Virgin Islands continues to play a vital role in facilitating global trade and investment, it turns its attention to helping its more than 60,000 new companies per year build a business environment where innovation can be a key economic driver. Towards this end, the BVI Financial Services Commission (the “FSC”), which is the public body with responsibility for, among other things, administering the intellectual property laws of the BVI, announced on 5 January 2010 the establishment of a Focus Group to review and revise the existing IP laws
    - Harney Westwood & Riegels
  • BRITISH VIRGIN ISLANDS CORPORATE ARRANGEMENT SCHEMES

    With a global economic downturn in full swing, companies around the world are looking for ways to safeguard their future existence. The strategies employed to do so are numerous and varied but a number of companies have employed the use of corporate arrangement schemes entered into with their creditors, investors and other stakeholders as a way to refocus and preserve their business.
    - Harney Westwood & Riegels
  • A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

    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.
    - Timothy Loh, Solicitors
  • The PCCW Privatization: A Guide to the Applicable Law for Schemes of Arrangement

    Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined. This question is significant both in the short-term for investors trading PCCW and in the long-term in the context of future schemes of arrangement. In this article, we  examine the applicable laws and regulations with a view to providing hedge funds and other investors with guidance.
    - Timothy Loh, Solicitors
  • New Proposals to Regulate Mis-Selling of Investment Funds & Structured Products in Hong Kong

    The recent global financial crisis has resulted in an upswing in regulatory action throughout world markets. In Hong Kong, the Securities and Futures Commission (“SFC”) has proposed a slew of new requirements, some of which have already been implemented retroactively and without industry consultation. In this article we examine these ongoing developments in SFC policy and their effectiveness in reaching a fair balance between investor protection and costs to the investor and the financial industry.
    - Timothy Loh, Solicitors
  • Cross-border transactions and the advantages of using a BVI joint venture vehicle

    As cross-border transactions and international business partnerships become part of everyday life, parties are increasingly looking towards offshore jurisdictions for a neutral vehicle which can be tailored to all of the parties’ needs. This article will take a look at why companies incorporated in the British Virgin Islands (BVI) are suited for such transactions and, given the current economic climate, will also highlight some of the remedies available to a shareholder when a joint venture relationship takes a turn for the worse.
    - Harney Westwood & Riegels
  • The lender’s Holy Grail

    Indira Birkwood of Harneys outlines the advantages of using a BVI company for financing transactions
    - Harney Westwood & Riegels
  • THE USES OF VISTA TRUSTS

    The Virgin Islands Special Trusts Act, 2003 (" VISTA ") is now a little under 5 years old, having come into force in March 2004, and it is perhaps an interesting point to consider how the Act has been used and applied by the trust industry in the British Virgin Islands (" BVI ").
    - Harney Westwood & Riegels
  • Distressed Debt in Hong Kong: An Insolvency Primer for Private Equity

    Recent shocks to the financial markets as well as deteriorating economic conditions have brought insolvency issues sharply back into focus.  For some hedge funds and private equity funds, insolvency has come unwelcome in the form of the deteriorating financial condition of a portfolio company to whom loans have been made or whose debt the funds have acquired.  In this article, we review basic Hong Kong insolvency law concepts and outline debt recovery options.
    - Timothy Loh, Solicitors