Partner Perspectives: Mark Lee

Mark Lee

Managing Director, WMH Law Corporation “boardroomᵂᴹᴴ ⁺” Practice Group


Current Landscape and Trends:
WMH Law regularly handles a wide spectrum of shareholder and joint venture disputes, from listed entities to private firms. At the heart of these disputes lies a breakdown of trust. A growing trend includes increasing shareholder activism and the rising complexity of cross-border elements, as more corporate groups operate globally with offshore structures.

Advice for General Counsel (GCs):
Prevention First: Invest time and resources into well-drafted constitutions and shareholder agreements that anticipate potential flashpoints.
Soft Skills Matter: GCs are well-positioned to serve as bridges between factions, defusing tensions, rebuilding trust, and—most crucially—facilitating dialogue.
Futureproofing: While disputes can’t always be avoided, maintaining open and honest communication channels between stakeholders is essential for managing evolving perspectives and priorities.

Key Risks in Cross-Border Disputes:
Cultural differences, unfamiliar legal frameworks, and loss of “home ground” advantage can complicate dispute resolution. One major risk for GCs is the uncertainty introduced when disputes are governed by foreign laws, demanding careful coordination with international counsel.
Case Insight: WMH recently represented the CEO of a Singapore-listed company entangled in both boardroom and shareholder disputes across jurisdictions. With cross-directorships, potential conflicts of interest, and shareholder rights held via a BVI entity, the case highlighted the intricate challenges of multi-jurisdictional corporate structures—underscoring the need for strategic legal foresight.
Technology and Complexity: While not discussed directly, the growing intricacy of these disputes signals a rising need for tech-savvy, globally aware legal teams to manage layered corporate relationships.