Mr Anuwat Ngamprasertkul > Blumenthal Richter & Sumet Ltd. > Bangkok, Thailand > Lawyer Profile

Blumenthal Richter & Sumet Ltd.
ABDULRAHIM PLACE, 31ST FLOOR
990 RAMA 4 ROAD
BANGKOK 10500
Thailand

Work Department

Litigation and Dispute Resolution, Tech-Media-Telecoms (TMT)

Position

As Head of Litigation and Dispute Resolution at Blumenthal Richter & Sumet, Anuwat Ngamprasertkul brings years of experience leading teams and representing parties in court proceedings, including claims and defenses in civil, criminal, labor, white-collar crime, shareholder dispute, bankruptcy, taxation, consumer protection and international trade cases, as well as arbitration. He has in-depth experiencing in developing constructive strategies for crisis management and mitigation plans to minimize legal exposure with practicable solutions within a limited timeframe.

Anuwat is also Co-Head of the firm’s Tech-Media-Telecoms (TMT) practice and has had a significant role in advising on and implementing compliance with personal data protection law in Thailand for leading companies, universities and international schools in the automotive, banking, beverage, fashion, manufacturing, pharmaceuticals and professional services industries. Anuwat uses his in-depth experience in litigation to proactively analyze and mitigate exposure to non-compliance on personal data protection matters.

Career

Anuwat has over 16 years’ experience in legal and tax consulting at a Big Four audit firm, where he was a Director and led the firm’s litigation team. Working across the organization, Anuwat has in-depth experience in litigation and dispute resolution, tax, personal data protection compliance, contract drafting and negotiation, M&A, Public-Private Partnership projects, labour advisory and many other areas.

A selection of his main competencies and experiences are as follows.

Shareholder dispute cases: handling crisis management and conflicts among shareholders, creditors and directors, and taking necessary legal actions and corporate actions to protect company assets and rights as well as negotiate and settle disputes inside and outside of court.

White collar crime: setting up prevention systems for fraud and misconduct cases, e.g., external whistleblowing centers and labor health checks including fraud co-investigations, evidence selections and arrangements, strategy setting and representing clients in taking legal actions against those who have committed fraud inside organizations as well as external fraudsters such as processing labor terminations, taking civil and criminal claims, asset searches and domicile checking, crisis management for computer-related crime, cheating and fraud, forgery and using documents, misappropriation, receiving stolen items and more as well as liaising and representing at police stations, the Department of Special Investigation, the Technology Crime Suppression Division and the Criminal Court.

Labor dispute cases: representing clients to settle disputes between companies and employees at the Labor Inspection Office, Social Security Office and the Labor Court in cases of unfair termination, unwilling resignation, shortfall of compensation, unlawful warning letters, death of staff, non-competition, misconduct and more.

His highlight experiences include advising:
– a group of foreign creditors in a case involving over 1,500 creditors against a large Thai company with a total debt of over THB 4 billion in filing an objection to an application for business reorganization
– the largest automobile manufacturer in Thailand that supplies vehicles domestically and exports to countries worldwide on the debt restructuring of dealerships’ businesses, exploring legal implications and practical solutions including the preparation of a related agreement and MOU for a business reorganization plan to make a debt repayment for over THB 2 billion
– the ex-CEO and shareholder of a company who filed a case of unfair termination and default of shareholder agreement where the company filed a counterclaim for damages on invalidating a signed hold harmless letter which waived our client’s legal rights to initiate a claim against the company by demonstrating that the execution of the letter was made against our client’s will
– the National Institute of Development Administration, a leading educational institution in Thailand, on complying with the Personal Data Protection Act (PDPA) including preparing all legal document templates. We are also conducting data mapping, GAP analysis, trainings and workshops
– the leading data center and cloud service provider which is a subsidiary of one of Thailand’s largest private companies on ensuring compliance with the PDPA during the data center implementation process

Anuwat also organizes and presents trainings and seminars held internally and externally, and is a visiting lecturer at various universities where he shares knowledge and experiences in the areas of tax appeal and dispute resolution, construction litigation management, contract drafting and negotiation, contract law and risk management, employment laws, white-collar crime, employee fraud and more. Recent examples include:

1. Anuwat Presents as Visiting Lecturer on Business Law Course to the University of the Thai Chamber of Commerce

Anuwat was invited as a visiting lecturer to present to the Higher Diploma to Master’s Degree courses at the Faculty of Law, University of the Thai Chamber of Commerce. He presented three online lecture classes covering the following topics:

– Foreign Direct Investment: global situation as well as Thailand FDI and SWOT analysis, FDI methods, legal implications and incentives for tax and non-tax privileges for FDI and Public-Private Participation (PPP) in Thailand.
– Mergers and Acquisitions: global M&A trends including in Thailand, M&A process and strategy, due diligence, risk management as well as drafting and negotiating key M&A contracts.
– Labor Disputes: current impact of COVID-19 on labor disputes globally and in Thailand including the temporary suspension of work and the litigation process, the increase of white-collar crime detection as well as how to proceed and prevent such cases and the upcoming challenges of Personal Data Protection law in an HR context.

A number of queries were raised by the audience which Anuwat responded to with solutions, case examples and linkages to business issues. Anuwat further presented his lecture on tax investigations and dispute resolution at another two classes of the Taxation Law Course at the Faculty of Law, University of the Thai Chamber of Commerce in the following month.

2. Anuwat Participates as Panelist on Arbitration on Tax Disputes at Mini Talk In-Person Broadcasted Live by the Thai Arbitration Institute

Anuwat participated as a panelist in-person at a Mini Talk broadcasted live on Facebook and YouTube hosted by the Thai Arbitration Institute (TAI). The discussion focused on the topic “Arbitration on Tax Disputes: Pros and Cons of Applying to Thailand”. Anuwat was also joined by a professor from the leading Thai university Thammasat University.

The Mini Talk was hosted on the TAI official Facebook page and YouTube channel in June. TAI is a well-known institution in Thailand that provides alternative dispute resolution services.

The Mini Talk is available to watch here: https://www.facebook.com/taiarbitration/videos/1188520658330082/?extid=NS-UNK-UNK-UNK-IOS_GK0T-GK1C.

3. Anuwat Hosts NIDA Workshop on Data Mapping and GAP Analysis under the PDPA
In March 2021, the Faculty of Law of the National Institute of Development Administration (NIDA) hosted a three-day seminar named “Making the Ultimate Goal of Data Management”, and invited a data protection officer and leaders in the PDPA to share practical advice on complying with data protection law in Thailand to a high standard. Approximately 40 participants from government agencies, public companies, the private sector and hospitals attended the event.

Anuwat was invited to host a workshop to wrap up the seminar, and using what the participants had learned he assisted them to list down personal identifiable information (PII) and link up the flow from end-to-end in a data mapping activity. He then analyzed compliance with the PDPA in a GAP analysis activity.

4. Anuwat Presents on Data Privacy at NIDA Workshop

Anuwat presented at a workshop on “PDPA Compliance – Techniques to Prepare PDPA Required Documents” hosted by the National Institute of Development Administration (NIDA), an institution focused on national development in Thailand under the Commission on Higher Education, Ministry of Education.

Anuwat, who presented to participants from both the private and public sectors, discussed Thailand’s new PDPA, the journey of PDPA compliance and techniques to prepare PDPA required documents. In particular, he covered:

– Privacy notices
– Consent forms
– Data processing agreements
– Data sharing agreements

5. Interlaw Webinar: Anuwat Ngamprasertkul Participates in Panel Discussion on Understanding Data Protection Challenges around COVID-19

Anuwat participated as a panelist in a webinar on “Privacy in the Pandemic: Understanding the Data Protection Challenges around COVID-19”, hosted by Interlaw, one of the largest global networks of independent law firms.

The COVID-19 pandemic has created personnel challenges for companies around the world, and companies are having to swiftly and efficiently tackle operational matters, from “working-from-home” on a mass scale to proactive health monitoring and testing of personnel. Each of these comes with an associated data-related dimension, and employers need to be mindful of their obligations around protecting data privacy.

Anuwat, along with his fellow panelists, covered the following topics during the webinar:

– Data, confidentiality and working-from-home
– Privacy implications around health testing mechanisms
– Active health monitoring and the law
– Disclosure procedures when employees fall ill
– Practicalities around preventing sick employees from accessing the workplace
– Tackling cybersecurity and strategies to mitigate the risk of cyberattack

A recording of the webinar can be found here: https://brslawyers.com/interlaw-webinar-anuwat-ngamprasertkul-participates-in-panel-discussion-on-understanding-data-protection-challenges-around-covid-19/.

6. BRS Webinar: Roadmap to Personal Data Protection Act

Anuwat held a webinar on the topic “Roadmap to PDPA Compliance”, where he discussed the current PDPA situation in Thailand and the consequences of a postponement, how the PDPA and the European Union’s General Data Protection Regulation (GDPR) affect your business, penalties for non-compliance, how to deal with the collection of new sensitive information during COVID-19 and more.

A recording of the webinar can be found here: https://brslawyers.com/brs-webinar-roadmap-to-personal-data-protection-act-pdpa-compliance/.

Anuwat has also written a number of recent articles, including:

– Deferral of Personal Data Protection Act (PDPA) until 1 June 2022: https://brslawyers.com/deferral-of-personal-data-protection-act-pdpa-until-1-june-2022/
– Chapter on White Collar Crime contributed to Nitipat NIDA Law Journal: https://brslawyers.com/nitipat-nida-law-journal-anuwat-ngamprasertkul-contributes-chapter-on-white-collar-crime-2/
– Grace Period Extended for Data Privacy Compliance in Thailand: https://brslawyers.com/grace-period-extended-for-data-privacy-compliance-in-thailand/

Anuwat has a Thai barrister-at-law qualification and is certified as a lawyer. He received a LL.M. from Chulalongkorn University and a LL.B. from Thammasat University. He is also a qualified arbitrator at the Thai Arbitration Institute (TAI), Office of the Judiciary.

Languages

Thai and English

Memberships

Anuwat is a member of the Law Society of Thailand and the Thai Bar Association.

Education

Anuwat received a Master of Laws (LL.M.) from the prestigious Chulalongkorn University and a Bachelor of Laws (LL.B.) from Thammasat University.

Lawyer Rankings

Thailand > Dispute resolution

(Firms to watch)

Blumenthal Richter & Sumet Ltd.’s litigation and disputes resolution practice is led by Anuwat Ngamprasertkul, who has ‘deep knowledge’ and experience in a broad range of matters, from commercial and employment disputes to bankruptcy and insolvency matters.

Thailand > TMT

Noted for its expertise in handling data protection and PDPA matters, Blumenthal Richter & Sumet Ltd. is particularly active in the media, engineering, manufacturing and investment services sectors. The practice also advises Thailand’s telecoms operators on their licensing and regulatory requirements. Ittinant Suwanjutha, who represents fintech and digital companies on business structures, operations and licensing, jointly heads up the practice alongside Anuwat Ngamprasertkul who focuses on data protection matters.