Shin Associates

The firm: Shin Associates, previously known as Seow & Associates, was formed in 2009 by Seow Pea Sze, who was later joined by Jessie Tan as a partner. Since then, it has grown to be a firm passionately driven to provide comprehensive legal advisory services of integrity and commercial edge, across national boundaries and on international platforms. The firm’s main areas of practice are entertainment and media law; corporate, commercial and banking law; intellectual property law; personal data protection compliance; and conveyancing and property law.

Shin Associates has developed a well-connected network of clients and associates, with foreign legal counterparts in territories such as Australia, China, Indonesia, Thailand, the US and the European Union. The firm looks forward to expanding its regional offices. The firm is the Malaysian member of the Cicero League of International Lawyers – an established network of international independent law firms which provides links to high quality niche law firms. Unlike many international networks, Cicero admits into membership only one firm in any one country (except for United States due to the complexity of the legal system), allowing close professional relationships to be created for the benefit of members and clients.

These affiliations grant the firm the possibility of solving issues which demand an international perspective and swift execution under tight time constraints. The firm aims to present a complete legal solution to clients’ legal issues and are well-poised to provide compelling and cost-effective advice.

The firm has also been awarded the Media & Entertainment Law Firm of the Year in Malaysia by Global Law Experts, ranked by Media Law International in its Malaysian chapter for Media Law publication and awarded an award for Entertainment & Sports Law in Asia Business Law Journal’s Malaysia Law Firm Awards. The firm was also awarded the Transactional Boutique Law Firm of the Year at the ALB Malaysia Law Awards, 2020. Additionally, the firm was nominated for the Transactional Boutique Firm of the year and Technological, Media and Telecommunications Law Firm for the year in the Asia Legal Business Awards. The firm has also been ranked by Legal 500 as one of the leading law firms for TMT in Malaysia and was shortlisted for TMT Team of the Year by Legal500. The firm is also ranked by Chambers & Partners as a recognised practitioner, and ranked by Media Law International in Tier 2 of the 2022 Malaysian chapter for Media Law.

Areas of practice: Shin Associates represents clients in all aspects of the entertainment industry, from production, financing and distribution of films, television programs, other forms of audio visual entertainment, to all of the associated artistic, literary, musical and dramatic property issues and merchandising. Film production aside, the members of the team have also advised on and prepared documentation for Malaysia’s leading production and animation companies in their co-production deals with international partners to collaborate on animated series, feature films, including reviewing, advising on and negotiating the co-production agreement and related financing agreements.

Members of the firm have acted and advised on various initial public offerings, mergers and acquisitions, restructuring and other general corporate and commercial transactions for the Malaysian corporate sector. The team at Shin Associates is familiar with securities transactions and have undertaken various due diligence exercises for submissions to the Securities Commission in Malaysia in relation to initial public offerings, mergers and acquisitions and other corporate transactions.

Jessie Tan has been an integral part of the Malaysia entertainment ecosystem, particularly from 2009 when the Malaysian government initiated key initiatives to drive the media entertainment industry in Malaysia and was involved in providing advice on media and entertainment matters in respect of the Creative Industry Fund managed by a well-known financial institution in Malaysia. Jessie Tan also assisted with the preparation of the grant documentation for the media and entertainment industry released by Malaysian national film authority in 2012. She has also provided integral advice through her involvement as a committee member in Post-Production, Animation & Creative Content Association Malaysia (POSTAM).

It should be noted that since it was formed, the firm has been responsible for handling all legal matters relating to production of the majority of the major foreign productions that have been filmed/ produced in Malaysia.

The team has also contributed greatly to the Malaysian performing arts scene by the legal services provided to various theatre and dance companies in Kuala Lumpur which includes the Kuala Lumpur Performing Arts Centre and Actors Studio.

Entertainment and media law: The firm is one of the few legal practices in Malaysia and Asia that possesses a full entertainment and media law group, specialising in films; television; games; music and the arts. The firm provides a full range of core services to its entertainment and media clients who include filmmakers, television and film production companies, electronic and gaming studios, theatre groups, performers, songwriters and other creative personnel.

The firm’s lawyers are skilled and experienced in the advice and legal work related thereto which include transactions relating to event management, co-promotional activities, sponsorship and advertising. Specifically, its lawyers and foreign legal counsel have through years of interaction with and provision of services for clients across the entire chain (creation of works; production of content; distribution and commercial exploitation) of both the media and the performing arts industries, and have amassed a substantial client based both locally and internationally. It represents clients in all aspects of the entertainment industry, from production, financing and distribution of films, television programmes, other forms of audio visual entertainment, to all of the associated artistic, literary, musical and dramatic property issues and merchandising. The firm also provides similar services to music recording and music publishing.

The firm has advised on and prepared documentation for Malaysia’s leading production and animation companies in their co-production deals with international partners to collaborate on animated series, feature films, including reviewing, advising on and negotiating the co- production agreement and related financing agreements and preparing and advising on licensing, merchandising and distribution arrangements for the content.

The firm advised on and attended to the entire film transaction in respect of recent feature film releases in Malaysia that have had a significant impact on the sector's development, such as “Pasal Kau”, “The Assistant”, “MALBATT: Misi Bakara”, “Polis Evo 3” etc., which have contributed to the growth and success of the industry as a whole. In particular, “MALBATT: Misi Bakara” is Malaysia’s most expensive film production to date and achieved a gross box office revenue of above RM32million, and “Polis Evo 3” achieved a gross box office revenue of above RM50million, making it the highest-grossing Malaysian action-comedy movie of all time.

The firm advised on and prepared documentation for well-known local film producers for the production of films with financing from the Creative Industry Fund. It also prepared the template co-production agreements between a Malaysian direct broadcast satellite pay television service and production houses in Malaysia.

The firm was appointed as panel solicitor in respect of media and entertainment matters to a well-known financial institution that manages the Creative Industry Fund.

The firm assisted with the preparation of the grant documentation for the media and entertainment industry released by Malaysian national film authority in 2012.

The firm advised on the Film in Malaysia Incentive (“FIMI”) that was rolled out in 2013.

The firm also advised a well-known international integrated media production studio facility in Johore Bahru and assisted with the preparation of legal documentation for the studio facility’s needs and requirements.

The firm advised and handled the legal documentation for a large number of foreign as well as local productions applying for FIMI and was instrumental in advising on all legal matters in Malaysia relating to the production of “Marco Polo”, one of the most expensive television series ever produced to date. The firm also provided legal services to Warner relating to the feature film titled “Crazy Rich Asians” as well as to the China’s first overseas big budget disaster film titled “Skyfire”.

The firm has also contributed greatly to the Malaysian performing arts scene by legal services provided to various theatre and dance companies in Kuala Lumpur.

Corporate, commercial and banking law: The firm is proficient in the area of corporate, commercial and banking law. The firm offers a wide range of services that include the provision of legal and advisory work to foreign companies intending to venture into the Malaysia market and to foreign and local companies who are already established in Malaysia.

The firm has also acted and assisted on various initial public offerings in Malaysia, Singapore and Hong Kong and is very familiar with the procedures and processes for initial public offerings and has advised on the necessary methods to protect the interests of directors, officers of companies and their advisers.

The firm combines legal expertise and commercial sensibilities in providing clients with advice on the structuring, implementation and organisation of their business ventures and reviewing agreements, preparing and negotiating documents for an array of transactions, including joint ventures, mergers and acquisitions and other corporate exercises undertaken by their client companies and financial institutions. It also actively advises businesses on the incorporation process, licence agreements, structuring and securing investments, and financing.

The firm works closely with its associated tax and accounting firms to advise on private equity schemes as well as share and assets valuation. In addition, the firm is experienced in corporate banking transactions, having acted for local and foreign financial institutions as well as borrowers and guarantors in different transactions. The firm also regularly advises clients on and with their matters relating to compliance with anti-money laundering, anti-terrorism financing and anti-corruption.

Intellectual property law: The firm has a strong international focus and through its wide network of foreign legal counterparts, it ensures that its clients are provided with a global strategic approach towards the protection and enforcement of their intellectual property rights. The firm is well-versed in the preparation, prosecution and maintenance of trade marks and copyright matters, and it has the capacity to ensure the clearance, protection and management of its clients’ intellectual property.

In addition to attending to the registration of trade marks or copyright (as the case may be), the firm’s lawyers regularly provide legal advice on non-contentious and contentious IP disputes, the issuance and settlement of infringement claims and have also represented and advised various clients in claims based on infringement of intellectual property rights.

In particular, through the firm’s substantial involvement in the media and entertainment sphere, its lawyers have been involved with the due process relating to the procurement of errors and omissions insurance and have conducted chain of title reviews and are familiar with the legal clearance process.

The firm also has extensive experience in a wide range of IP-related transactional matters. It has prepared, advised on and negotiated such transactions for clients from various industries including the media, fashion, food and beverage, telecommunications, electronic commerce and pharmaceutical sectors, for example, licensing agreements, franchising agreements, distribution agreements, technology transfer agreements, website and portal development agreements, research collaboration agreements and confidentiality agreements.

Telecommunications and technology: With the changing and ever evolving technology landscape, the firm fosters a strong focus on technology related matters and has been an integral part of technology driven companies and tech start-ups in Malaysia.

The firm works closely with stakeholders in the technology sector, from investors, accelerators, incubators, professional advisors, strategic partners to government economic development agencies, to ensure that they have the necessary legal support.

Of particular note, staying on the cusp of the new wave of technology, the firm has advised on matters relating to crypto-currency and has provided assistance and legal advice in respect of a number of initial coin offerings to date. The firm is at the forefront of keeping abreast of the latest advancements in the framework of the legal regulatory landscape. It actively advises on emerging areas and matters such as those relating to artificial intelligence, cryptocurrency, NFTs and the metaverse. Its lawyers have extensive expertise in these areas and are well-equipped to navigate the complex legal challenges that arise from these technological advancements. The firm’s commitment to knowledge sharing is demonstrated through its regular contributions of editorial material on these cutting-edge topics.

Personal data protection compliance: The firm provides advice relating to personal data protection compliance and attends to the preparation of relevant legal documentation in relation thereto. In particular, the firm has assisted and advised many clients on their compliance processes and documentation with regard to the Personal Data Protection Act 2010 and cybersecurity.

Conveyancing and property law: The firm also provides advice in relation to conveyancing and property matters and has represented clients in numerous transactions relating to the sale and purchase of movable and landed properties, tenancies and leases of various types of properties (e.g. hotel, factories, retail and commercial complexes, developed land) and agreements for land development projects.

Employment and industrial relations law: The firm has advised its clients on a wide gamut of employment and industrial relations related matters from the preparation and drafting of employment agreements, contracts for services, employment handbooks, incentive schemes and release documentation to advising on termination of employees, domestic enquiries, compliance with Malaysian employment legislation and attending to labour disputes and various other employee claims as well as dealing with the labour / industrial court (as the case may be).

The firm has also advised clients and issued opinions on the application of the Employment Act 1955, Employees Social Security Act 1969, Industrial Relations Act 1967 and Workmen’s Compensation Act 1952, attended to a large scale voluntary separation schemes and mandatory separation schemes, and regularly attended to the application for work permits and professional visit passes.

Environmental law: Believing that niche areas of law are as important as bread and butter aspects of the law, the firm has been involved in a myriad of environmental matters from advising on constitutional aspects of environmental issues, mining matters, preparation of letters of representation, advising and applying for contravention licences from the Malaysian Department of Environment (DOE), advising and reviewing agreements on an on-going basis in relation to transportation and treatment of solid and scheduled wastes, effluent discharge, waste generators, notices and summonses issued by the DOE, advising on issues of compliance, environmental impact assessment reports, liability in relation to contaminated land, director’s liability for environmental and health and safety issues, environmental aspects of corporate transactions including due diligence audits as to legal compliance.

The firm has worked closely with clients in reviewing and drafting of specialised environmental agreements as well as attending to the conduct of environmental due diligence audits.

 Dispute resolution: The firm has advised and assisted clients with various alternative dispute resolutions including negotiations for settlement which will benefit all parties to the dispute.

In scenarios where alternative dispute resolutions cannot be achieved, the firm has also represented clients at trial and appeal stages in various disputes relating to commercial and corporate matters, and probate, among others.