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DLA Piper

17TH FLOOR, EDINBURGH TOWER, 15 QUEEN'S ROAD, CENTRAL, HONG KONG
Tel:
Work +852 2103 0808
Fax:
Fax +852 2810 1345
Email:
Web:
www.dlapiper.com

Kevin Chan

Tel:
Work +852 2103 0823
Email:
DLA Piper LLP (US)

Work Department

Litigation & Regulatory

Position

Kevin's specialised area of practice is in civil dispute resolution. He has advised and acted for listed companies, real estate investment companies, insurance companies, banks, fund managers and the shipping and transportation industry on a variety of complicated disputes, including high profile international disputes involving a sovereign state, real estate disputes, various shipping disputes, banking disputes involving issues on trade finance and loan/guarantee, trade and commercial disputes covering both domestic and cross-border trades, letters of credit as well as insurance claims. On the non-contentious side, Kevin regularly advises major shipping companies, freight forwarders and terminals on their bill of lading terms and standard business conditions and he is often instructed to revise and re-draft those terms. Kevin also advises insurance companies on cargo and freight forwarders' liabilities and policies.

Languages

English; Chinese (Cantonese); Chinese (Mandarin)

Member

Admitted as a solicitor in Hong Kong Hong Kong

Education

The University of Hong Kong; LL. B. (1993); The University of Hong Kong; PCLL (1994)


Asia Pacific: Regional International Arbitration

Leading firms

Within: Leading firms

In DLA Piper’s Hong Kong office, Kevin Chan and Ernest Yang (who represented GD Midea Air-Conditioning Equipment in a Singapore arbitration against its former Israeli distributor, with around 300GB of evidence involved) have been joined by Andrew Chin and Benjamin Ng, who joined from Baker McKenzie and Debevoise & Plimpton LLP respectively in Hong Kong. Other highlights concern the maritime sector and construction. Of counsel Xiaoshan Chen, who is based in Shanghai, is a notable contact in mainland China. Elsewhere in the region, Peter Shelford is a key contact in Bangkok, as is John Goulios in Singapore.

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China: Dispute resolution

Dispute resolution: foreign firms

Within: Dispute resolution: foreign firms

DLA Piper's disputes practice covers shareholder and director issues, regulatory investigations, banking and financing matters, employment law, IP, construction, shipping and cyber fraud. It acted for Ping An Bank in the recovery of onshore and offshore loan debts of over HKD2bn from China Huishan Dairy Holdings Company and related companies. On the mainland, of counsel Xiaoshan Chen handles arbitration disputes covering sale of goods, trade and commodities, shipping and joint ventures. In Hong Kong, Asia litigation and and regulatory group head Kevin Chan is 'an outstanding professional', Ernest Yang is Hong Kong litigation and regulatory leader, and Harris Chan is also recommended.

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China: Regulatory/compliance

Regulatory/compliance: foreign firms

Within: Regulatory/compliance: foreign firms

DLA Piper's regional regulatory investigations group has considerable experience with multijurisdictional internal misconduct and corruption investigations. The China investigations practice is headed by Hong Kong-based Sammy Fang, who has been particularly active in cybercrime-related investigations. The department's on-the-ground presence in Beijing was strengthened by the arrival of Ning Qiao, who joined the firm from O'Melveny and has experience with competition, FCPA and anti-bribery investigations. Additional contacts include Nathan Bush, who leads the wider Asia investigations group from the Singapore office, and Hong Kong-based Kevin Chan, who heads the litigation and regulatory group. The department's clients span a range of industry sectors including pharmaceuticals and professional services.

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China: Shipping

Shipping: foreign firms

Within: Shipping: foreign firms

DLA Piper¬†is praised for providing¬†‚Äėaccurate assessment on the degree of legal and commercial risks in a timely manner'¬†and¬†demonstrating¬†'sound judgement in planning and managing contentious matters‚Äô. The ‚Äėexperienced, efficient and very knowledgeable‚Äô team is also singled out for its¬†'client-oriented approach‚Äô. Key individuals include Hong Kong-based litigation and regulatory practice head¬†Ernest Yang,¬†who is ‚Äėvery proficient, diligent and practical‚Äô and displays ‚Äėin-depth knowledge of the law as well as the shipping industry‚Äô; Kevin Chan¬†focuses on cross-border litigation and international arbitration; Roy Chan¬†advises on high-value shipping cases; and¬†counsel¬†Xiaoshan Chen.

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Hong Kong

Construction

Within: Construction

May Ng, Harris Chan¬†and Kevin Chan¬†jointly¬†lead the team¬†at DLA Piper. Ng is singled out as being¬†‚Äėextremely hands-on, with excellent technical industry knowledge‚Äô.¬†The team acted for a New World Development subsidiary -¬†one of Hong Kong's largest property developers -¬†in resisting court enforcement of¬†an $18m¬†ICC arbitration award¬†in relation to the construction of Dubai's "Blue Tower" skyscraper. It also¬†represented Thiess Mongolia in court proceedings to recover¬†a¬†$13m¬†payment for its mining works in Mongolia from a Hong Kong-listed company and its subsidiary.

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Regulatory

Within: Regulatory

Kevin Chan¬†heads up¬†DLA Piper's practice jointly with Harris Chan, whose ‚Äėcommercial acumen and deep understanding of doing business in China is just exceptional‚Äô. The team has seen significant expansion: Andrew Chin¬†joined from Baker McKenzie, Benjamin Ng¬†from Debevoise & Plimpton LLP, and Michael Turnbull¬†from Tilleke & Gibbins‚Äô Bangkok office. The team acted for Haitong International Financial Company, recovering debt arising out of a HK$435m loan facility granted to a BVI investment holding company under SFC investigation. Clients also include Ping An.

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Regulatory: anti-corruption and compliance

Within: Regulatory: anti-corruption and compliance

China head of investigation¬†Sammy Fang¬†and Asia head of litigation and regulatory Kevin Chan¬†jointly¬†head up the¬†team at DLA Piper.¬†The practice has seen a strong increase in cybercrime and data breach related reviews and investigations, where it acts closely with the firm's technology, data privacy and employment teams.¬†Senior associate Christine Liu¬†is singled out as¬†‚Äėa workhorse, who is dedicated and relentless in helping clients understand things‚Äô.

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Shipping

Within: Shipping

Often working in coordination with practitioners in mainland China, the 'experienced and knowledgeable' team at DLA Piper provides 'client-oriented and value-for-money service' across the panoply of matters impacting shipping clients, from dry shipping and marine casualty response to recoveries, shipbuilding and freight forwarding. 'Strong in shipping-related commercial court cases and arbitrations', the team takes 'a sensible and reasonable approach to handling cases'. The 'very diligent and hardworking' Ernest Yang has 'in-depth insights into and knowledge of the law and the shipping industry'; praised for his 'measured, tactical and client-centric approach', Yang's advice is 'always thoughtful, practical and commercially savvy'. The 'outstanding' Kevin Chan also regularly handles shipping-related disputes and is noted for his 'strategic and innovative recommendations'. Nicholas Mallard is also recommended, particularly for shipbuilding disputes.

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Hong Kong: Dispute resolution

Dispute resolution: international arbitration

Within: Dispute resolution: international arbitration

Kevin Chan¬†and Ernest Yang¬†lead the team at DLA Piper, which impresses with its ‚Äėinnovative recommendations for solving disputes and formulating strategies‚Äô. Recent work includes acting for a major construction company, a subsidiary of a Hong Kong-listed company, in resisting enforcement of an ICC arbitration award issued in Dubai, involving complex issues relating to enforcement and potential annulment of the arbitration award. Hip Hing Overseas is also a client.¬†The team expanded with Andrew Chin¬†joining from Baker McKenzie, and¬†Benjamin Ng¬†from Debevoise & Plimpton LLP.

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Dispute resolution: litigation

Within: Dispute resolution: litigation

Kevin Chan¬†and Harris Chan, ‚Äėa very shrewd strategist in litigation and court practice‚Äô, head up the team at DLA Piper. Recent work includes acting for a client to recover onshore and offshore loan debts of over HK$2bn from China Huishan Dairy Holdings, one of China's largest dairy producers. Andrew Chin¬†joined the team as senior associate from Baker McKenzie, and associate Benjamin Ng¬†from Debevoise & Plimpton LLP. Ping An Bank, Thiess Mongolia and Zurich also count among the team's clients.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.‚Ä©
    - DLA Piper UK LLP

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