The Legal 500

Mayer Brown JSM

16-19F PRINCE'S BUILDING, 10 CHATER ROAD,CENTRAL, HONG KONG
Tel:
Work +852 2843 2211
Fax:
Fax +852 2845 9121
DX:
DX-9001-IC
Web:
www.mayerbrownjsm.com
Email:

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

Asset finance

Within Asset finance, Mayer Brown is a first tier firm,

Mayer Brown JSM boasts wide-ranging expertise in all types of asset finance, handled by highly respected partners Alastair MacAulay and Richard Stock. The practice advises HSBC on ship finance matters across the region, along with Bank of China, ANZ Bank, BNP Paribas, Cathay Pacific and Dragonair. The team advised Fortis Bank on the sale and leaseback financing of nearly 15,000 shipping containers valued at $75m. Clients report that Mayer Brown JSM are the best aviation lawyers I’ve come across’; they have ‘in-depth knowledge of shipping finance’ and ‘are proactive in finding practical solutions’.

Banking and finance

Within Banking and finance, Mayer Brown is a second tier firm,

Mallesons Stephen Jaques acts for mid-market borrowers and lenders. Clients report ‘turnaround time is exceptionally fast, the advice is concise, clear and practical’ and ‘value for money’. Steven Christopher is widely acclaimed as he ‘understands the banking industry’, has ‘excellent depth of knowledge across a broad range of banking products’ and ‘can provide advice in a clear and practical manner’. The sizeable team at Mayer Brown JSM has ‘a good understanding of the regional legal issues’, offering ‘appropriate advice and workable solutions - their presence makes for smoother negotiations with borrowers’. The practice excels in real estate financing, having advised a syndicate of banks led by HSBC on a HK$4.5bn REIT for development in Kowloon. Clients also include ANZ Bank, Hang Seng Bank and Calyon. Alastair MacAulay, Keith Cheung and Allan Yu are ‘responsive and knowledgeable in their specialist areas’.

Capital markets (debt and equity)

Within Capital markets (debt and equity), tier 4

Mayer Brown JSM provides ‘prompt and commercially effective advice’, and ‘understand our business’. The practice advised Shui On Construction on its privatisation takeover of China Central Properties, valued at $408m. The key contacts are Patrick Wong, Mark Uhrynuk, who recently relocated from London, and Jeckle Chiu, who is ‘proactive and technically very adept’.Morrison & Foerster recently hired Stephen Birkett, former senior director of corporate finance at the SFC, to join Hong Kong stalwarts Venantius Tan and Tien-yo Chao. The firm acted for CITIC Securities, UBS and JPMorgan in the $1.2bn IPO of China Zhongwang.

Construction

Within Construction , Mayer Brown is a second tier firm,

Mayer Brown JSM enjoys a steady flow of clients instructing the practice on contentious and non-contentious matters, giving credit to the ‘first class’ team of lawyers who impress with a ‘range and breadth of capabilities’. Kevin Owen continues to act for Cathay Pacific Airways regarding its third cargo terminal at Hong Kong International Airport, and advised the Hong Kong Trade Development Council on the Hong Kong Convention and Exhibition Centre extension. Geoffrey Chan and the ‘experienced’ David Boyle focus on contentious construction work in the region, where the team acted for the civil engineering and development department of the Hong Kong government in an arbitration relating to claims arising out of the Pak Shek Kok infrastructure project.

Corporate (including M&A)

Within Corporate (including M&A), Mayer Brown is a third tier firm,

Mayer Brown JSM’s array of standout partners include Patrick Wong, who ‘can provide advice on dealing with one-off transactions’, Jeckle Chiu, who is ‘knowledgeable, proactive and hardworking’, Jacqueline Chiu, who produces ‘excellent drafting work’, and Mark Stevens who ‘has very good negotiation skills’. Regular clients include Li & Fung and Towngas, while the practice also advised Hong Kong Electric on its acquisition of a 50% interest in a subsidiary of Cheung Kong Infrastructure for NZ$785m.

Dispute resolution

Within Dispute resolution , Mayer Brown is a first tier firm,

Mayer Brown JSM’s team is spearheaded by Jacob Tse and Nicholas Hunsworth, who is regarded as a ‘very high level practitioner’. The team advises major financial institutions as well as public bodies, advising the Hospital Authority in a judicial review case on whether non-Hong Kong residents can pay subsidised fees for child birth at public hospitals. The Hong Kong government and Cathay Pacific Airways are regular clients of the large 22-partner team. Richards Butler in association with Reed Smith LLP features two well regarded partners in regulatory expert David Morrison and insurance specialist Chris Howse. The team focuses on commercial, insurance and maritime disputes and represents clients in litigation, arbitration and mediation, including CIETAC and CMAC arbitrations in Beijing.

Employment

Within Employment , Mayer Brown is a first tier firm,

The leading employment and benefits practice at Mayer Brown JSM attracts high profile cases, and competitors ‘cannot question their strength’. The team has ‘real credibility’ and is renowned for its litigation abilities. ‘Brilliant pension lawyer’ Duncan Abate is an ‘assertive litigator’, which makes him be popular with clients. Contentious matters, the advice on discrimination claims and regional work are substantial parts of the practice. Lihui Zhou joined from Minter Ellison, enhancing the PRC employment capabilities.

Hong Kong overview

Insurance

Within Insurance , Mayer Brown is a first tier firm,

Mayer Brown JSM’s Jacob Tse is renowned for his strong medical malpractice team, and the practice renders ‘legally sound advice with commercial flexibility’ across a broad range of insurance matters. The ‘committed’ Angela Yim and Tow Lu Lim hold a ‘wealth of knowledge’ and deliver ‘high quality work’. In one highlight the team advised professional indemnity insurers of financial institutions in Hong Kong and Singapore on coverage and claims handling issues. The Hong Kong Federation of Insurers also sought advice on coverage issues and a proposed policy wording. Richards Butler in association with Reed Smith LLP operate a well known D&O and professional indemnity practice, and the firm is regarded for its admiralty focus and capabilities in the shipping insurance sector. Chris Howse specialises in defending claims against medical professionals, while Kevin Bowers leads on the commercial side, defending claims against a range of professionals.

Intellectual property

Within Intellectual property, Mayer Brown is a second tier firm,

Mayer Brown JSM has a focus on contentious work and China-related matters, representing clients from industries such as IT, entertainment, media, sports and arts. The firm opened a trade mark agency in Beijing in March 2009, where PRC trade mark, copyright and domain name registration matters are handled. Kenny Wong heads the team that carries out extensive trade mark portfolio and IP registration work for HSBC, Hang Seng Bank, Cathay Pacific Airways, Hong Kong Dragon Airlines and Procter & Gamble.Clifford Chance enjoys an excellent reputation for litigation work, advising chemical manufacturer Huntsman in a trade mark and unfair competition litigation, and advising SanDisk on its regional IP commercial activities and enforcement matters. The team, headed by experienced litigator Ling Ho, provides general IP advice to Goldman Sachs on an ongoing basis, and has gained Pfizer as a new client.

Projects and energy

Within Projects and energy, Mayer Brown is a third tier firm,

Mayer Brown JSM hired Jack Su as head of energy across Asia from Lovells, which has certainly proved popular with clients who praise ‘the quality of his work and his in-depth industry knowledge of the sector’. The sponsor-oriented practice represented Aqua Resources Fund in a $12.5m joint venture investing in water and wastewater projects in Thailand and China.

Real estate

Within Real estate , Mayer Brown is a first tier firm,

Mayer Brown JSM capitalised on the merger with Mayer Brown, which added private equity investors to the impressive list of clients. Robert Lynn and FK Au are widely recognised for their advice to developers, but increasingly receive instructions from institutional clients. Another focus is planning, where the team is considered to be ‘a strong competitor’, acting for a Swire Properties subsidiary on the “Castle Steps Site” planning. In another highlight, Robert Lynn advised Great Eagle on the Langham Place sale to Champion REIT. Andrew MacGeoch heads the group.

Regulatory

Within Regulatory, tier 4

Mayer Brown JSM handles compliance issues for financial institutions from start-ups to well-established names, including ABN AMRO, ANZ, HSBC, BNP Paribas and Commerzbank. Sara Or leads the practice, while Philip Smith covers regulatory work for funds.Slaughter and May’s main contact is dispute resolution partner Mark Yeadon, who advises on regulatory investigations of financial institutions, including fraud and shareholder disputes.

Restructuring and insolvency

Within Restructuring and insolvency, Mayer Brown is a second tier firm,

Mayer Brown JSM has regrouped from the loss of several partners in 2007, and although it still has an impressive array of clients and interesting transactions, the practice does not quite have the gravitas it once possessed. Steven Miller runs the practice across Asia, splitting his time between Hong Kong and Bangkok, while John Marsden relocated from Shanghai. The other key individuals are insolvency litigator Richard Tollan and former department head Ian Chapman, now a consultant. The practice advised KPMG, the liquidators of Lehman Brothers in Asia, on recovery of assets in excess of $10bn and resolving disputes regarding various derivatives and securities.

Structured finance and securitisation

Within Structured finance and securitisation, Mayer Brown is a second tier firm,

The ‘helpful and responsive team’ at Mayer Brown JSM specialises in derivatives work for banking clients, having spent the past year handling restructurings and close-out work and credit events under credit default swaps. Jeffrey Chen has expertise in Korea, Taiwan and China. Clients say ‘the team is very switched on’, as well as ‘solid and focused, with thorough regional knowledge; they can draft complex documents under tight time constraints’.

TMT

Within TMT

Tax and trusts

Within Tax and trusts , Mayer Brown is a second tier firm,

Mayer Brown JSM suffered a blow when former head of team Anita Lee retired in September 2008. The practice is now headed by Jonathan Mok, who specialises in criminal and assets tracing and debt recovery litigation. High-net-worth individuals, families, fiduciaries and charitable organisations all count as clients.


What we say worldwide

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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