Article[TAX] Special Alert: YEAR IN REVIEW: LHAG's 10 Notable Tax Cases In 2023The Taxpayer has been in the business of manufacturing, assembling, and trading plastic injection-moulded products since 1993.MalaysiaTaxLee Hishammuddin Allen & Gledhill
Article[ENERGY, PROJECTS & INFRASTRUCTURE] Special Alert: Enhancing Energy Efficiency In Malaysia: The EECA 2023The Malaysian Parliament has recently, on the 11th of October 2023, passed the Energy Efficiency and Conservation Bill 2023 ("EECA Bill"), in alignment with Malaysia's energy...MalaysiaEnergy and Natural ResourcesLee Hishammuddin Allen & Gledhill
ArticleWould An Arrest By The MACC Warrant Dismissal?When faced with the issue of an arrest of an employee by the Malaysian Anti-Corruption Commission ("MACC"), employers must be cautious in handling such a delicate matter.MalaysiaEmployment and HRLee Hishammuddin Allen & Gledhill
Article[NEWSLETTER] Intellectual Property, Sports & Gaming (September 2023)The USPTO (U.S. Patent and Trademark Office) declined Rolex Watch U.S.A., Inc.'s application to register "MILSUB" as a trademark. The central reason for the rejection of both Rolex's registration...MalaysiaIntellectual PropertyLee Hishammuddin Allen & Gledhill
ArticleFraudulent Trading - Directors' Personal Liability And The Duty Of Good Faith In NegotiationsThe Federal Court had the opportunity to consider novel questions of law concerning fraudulent trading under S 540, Companies Act 2016...MalaysiaCorporate/Commercial LawLee Hishammuddin Allen & Gledhill
Article[IP] Trademark Mischief-MakersIn this digital age, market players are afforded various means of discovering and analysing the use and profitability of certain trademarks. This has led to instances where some market players opt to register...MalaysiaIntellectual PropertyLee Hishammuddin Allen & Gledhill
ArticleRoyalty Adjustment For Customs ValuationRecently, the High Court in UC Sdn Bhd v Ketua Pengarah Kastam, Malaysia set aside the uplifting of customs value by including royalty payments by the Customs.MalaysiaTaxLee Hishammuddin Allen & Gledhill
ArticleAustralian FTA with Malaysia signedA separate Free Trade Agreement with Malaysia ("MAFTA") constitutes an enhancement to the existing ASEAN FTA.AustraliaInternational LawHunt & Hunt
ArticleShipping Case DigestEng Tou 110, a dumb barge ("Barge"), was towed by tugboat Inai Teratai 86 ("the Tug") along Sungei Loba Satubah, Sarawak when the Barge collided with the river bridge under construction by the plaintiff. MalaysiaTransportLee Hishammuddin Allen & Gledhill
Article[TAX] Special Alert: Income Tax (Transfer Pricing) Rules 2023: A Knee Jerk Response?On 17 May 2022, the Kuala Lumpur High Court (KLHC) dismissed the Director General of Inland Revenue's (DGIR) appeal in Sandakan Edible Oils. This was a landmark decision which vindicated the tax...MalaysiaTaxLee Hishammuddin Allen & Gledhill
ArticleCould Artificial Intelligence Replace Lawyers In Malaysian Courts?An artificial intelligence ("AI") program, ChatGPT-3.5, has passed the evidence and torts sections of a multiple-choice, multistate Bar exam.MalaysiaTechnologyLee Hishammuddin Allen & Gledhill
Article[TMT] Safeguarding Secrets: Preserving Confidentiality In IT & Telecommunications ProjectsInformation Technology (IT) and telecommunications projects often entail a transfer of vast amounts of sensitive, proprietary and confidential information/data between organisations.MalaysiaMedia, Telecoms, IT, EntertainmentLee Hishammuddin Allen & Gledhill
ArticlePiracy, Ransom And General AverageThe court made it clear that its judgment should not be construed as applicable in a case of an act of terrorism.MalaysiaTransportLee Hishammuddin Allen & Gledhill
Article[INTERNATIONAL ARBITRATION] Special Alert: Balancing Desire And Danger: Regulating Third-Party Funding In A Global ContextOn 13 February 2024 (Tuesday), Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said made a public statement announcing a consensus...GlobalLitigation, Mediation & ArbitrationLee Hishammuddin Allen & Gledhill
Article[NEWSLETTER] Intellectual Property, Sports & Gaming (July 2023)Twitter's owner, Elon Musk has rebranded Twitter to "X" and introduced a new logo for the platform, a stylised black-and-white representation of the letter "X".MalaysiaIntellectual PropertyLee Hishammuddin Allen & Gledhill
Article[INTERNATIONAL ARBITRATION] Amicable Settlement Process – A Condition Precedent To Arbitration?In a multi-tiered dispute resolution clause, there are typically certain procedural steps, such as mediation or negotiation, that parties must fulfill before a dispute can be referred to arbitration.MalaysiaLitigation, Mediation & ArbitrationLee Hishammuddin Allen & Gledhill
ArticleTax Practice e-Law Alert - Issue 1, April 2015GST is a multi-stage tax on domestic consumption which is charged on all taxable supplies of goods and services in Malaysia and on importation of goods and services into Malaysia...MalaysiaTaxLee Hishammuddin Allen & Gledhill
Article[NEWSLETTER] Intellectual Property, Sports & Gaming (August 2023)PepsiCo Inc. has emerged victorious in a potential trademark infringement lawsuit filed by Rise Brewing Co. This legal action accused PepsiCo, a major player in the beverage industry...GlobalIntellectual PropertyLee Hishammuddin Allen & Gledhill
ArticleMalaysian Construction Law And Practice A Brief OverviewGenerally, the Malaysian construction market is governed by laws of contract and tort. The laws are further developed through statutes and judicial decisions.MalaysiaReal Estate and ConstructionLee Hishammuddin Allen & Gledhill
ArticleLegal Update - July 2015The following principal Act came into force wef 1 July 2015: Public Sector Home Financing Board Act 2015 [Act 767], except Parts IV to VI and VIII [PU(B) 265/2015].MalaysiaLitigation, Mediation & ArbitrationLee Hishammuddin Allen & Gledhill