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INTERACTIVE EDITION
Volume 14 Issue 7, 2017
IP
REPORT
The thing about …
Yoon & Yang New IP & Online Reshaping the
founding partner, Landscape in perception of
Seung Soon Lim China Indian IP
| MAGAZINE FOR THE IN-HOUSE COMMUNITY ALONG THE NEW SILK ROAD |
Nick Ferguson – Managing Editor
nick.ferguson@inhousecommunity.com
Feature contributors
Brian Chun – Design Manager Ai-Leen Lim is chief executive and principal counsel of AWA Asia. Based in Beijing, she
brian.chun@inhousecommunity.com manages the firm’s Asia offices, its headquarters in Hong Kong, as well as its wholly owned
Wendy Chan – Regional Head of Events IP consultancy, AWA IP in Beijing, a licensed trade mark agency that is able to file and
wendy.chan@inhousecommunity.com enforce trade marks in China directly before the Trademark Office and administrative aut-
Gigi Ma – Events Manager horities. Lim advises clients on IP portfolio management in China, Hong Kong and interna-
gigi.ma@inhousecommunity.com
tionally, with a special focus on strategic brand management and social media. She is experienced in
Rahul Prakash – Associate Publisher contentious and non-contentious IP matters, as well as regulatory issues in conjunction with market entry
rahul.prakash@inhousecommunity.com
and product promotion. Lim’s diverse client base ranging from IP rich fast growing start-ups to Fortune
Yvette Tan – Head of Research and 500 companies.
Development Manager
yvette.tan@inhousecommunity.com
Pravin Anand is managing partner of Anand and Anand. He has been a counsel in several
Yannie Cheung – Office Administrator
yannie.cheung@inhousecommunity.com landmark IP cases involving the first Anton Piller order, the first Mareva injunction order,
the first Norwich Pharmacal order, moral rights of artists, the first order under the Hague
Tim Gilkison – Managing Director Convention and several significant cases for pharma clients such as Novartis, Pfizer and
tim.gilkison@inhousecommunity.com
Roche. He was the past president of FICPI India, AIPPI Indian National Group, APPA India
Patrick Dransfield – Publishing Director
and Asia Euro Forum. He is co-author of the two volumes of Halsbury’s Laws of India on Intellectual
patrick.dransfield@inhousecommunity.com
Property and author of the India chapter in Copyright Throughout the World (Thomson Reuters).
Arun Mistry – Director
Editorial Enquiries Vaishali Mittal is a partner at Anand and Anand. She works in the firm’s litigation depart-
Tel:........................ (852) 2542 4279 ment and has more than 13 years of experience in IP, spanning a wide range of subjects in
editorial@inhousecommunity.com
highly contested IP litigation matters. Her role includes training younger lawyers in the art
of litigation and playing a leadership role in the department. She has been involved in several
Advertising & Subscriptions
Tel: ....................... (852) 2542 1225 landmark judgments and her handling of seriously contested IP matters has won several
rahul.prakash@inhousecommunity.com accolades from clients. A contributor to professional law journals on intellectual property matters, Mittal is
also a member of the (AIPPI) Association Internationale pour la Protection de la Propriete Intellectuelle and
Published 10 times annually by the International Trademark Association.
Pacific Business Press Limited
Room 2007, C C Wu Building,
302-8 Hennessy Road, Wan Chai,
Hong Kong S.A.R.
Publishers of About the IN-HOUSE COMMUNITY
• ASIAN-MENA COUNSEL
TM
Magazine and Weekly Briefing A mutually supportive community of In-House Counsel helping In-House Counsel and Compliance
Professionals meet their ethical, legal and business commitments and responsibilities within
• IN-HOUSE HANDBOOK
TM
their organisations.
Organisers of the
• IN-HOUSE CONGRESS events
TM
The In-House Community comprises over 21,000 individual in-house lawyers and those with a
Hosts of responsibility for legal and compliance issues within organisations along the New Silk Road,
• www.inhousecommunity.com who we reach through the annual In-House Congress circuit of events, Asian-mena Counsel
• www.mycareerinlaw.com
magazine and Weekly Briefing, and the In-House Community online forum.
Forums for the In-House Community
along the New Silk Road
© 2017 Pacific Business Press Limited
and contributors
Opinions expressed herein do not constitute
legal advice, and do not necessarily reflect the
views of the publishers.
Empowering In-House Counsel along the New Silk Road
ISSN 2223-8697
In this issue Volume 14 Issue 7, 2017
IP REPORT
28 The new IP and online landscape
in China
By Ai-Leen Lim, AWA Asia (part of the
Awapatent group)
32 Reshaping the perception of
Indian IP law
By Pravin Anand and Vaishali Mittal, Anand
and Anand
27
JURISDICTION UPDATES
Key legal developments affecting the In-House Community along the
New Silk Road
4 4 Didi and Uber China’s merger from an Anti-monopoly Law
perspective
反壟斷視角下滴滴收購優步中國
By Amy Yuan of Martin Hu & Partners
6 Regulatory challenges for Vodafone Idea merger
By Gaurav Wahie and Lovejeet Singh of Clasis Law
10 Recent changes to Indonesia’s coal and mineral resources
regulations
10 By Dini Retnoningsih and Indra Aditya Pambudy of Lubis Ganie
Surowidjojo
2 www.inhousecommunity.com
12 Cyber bullying in the Philippines
By Cyndy P. dela Cruz of ACCRA Law Offices
14 Unfair competition in Korea
By Myung-Cheol Chang of Lee International IP & Law Group 14
16 New capital adequacy regulations in Vietnam
By Luu Thi Ngoc of Indochine Counsel
18 The Briefing
Along with the latest moves and jobs, we put the spotlight on Bombay
Stock Exchange’s IPO, speak to recruiters Lewis Sanders about the
outlook for 2017 and review our latest event 16
26 Investigative Intelligence:
Protecting IP in three dimensions
Intellectual property is multi-faceted and practitioners have to think
in three dimensions — mental, physical and digital — to fully grasp the
potential vulnerabilities
36 The thing about ... Seung Soon Lim
Recently in Seoul, Asian-mena Counsel’s Patrick
Dransfield photographed Seung Soon Lim, managing
partner of Yoon & Yang, and also asked him a series of
18
questions on behalf of the In-House Community.
41 Asian-mena Counsel Direct 26
Important contact details at your fingertips.
Asian-mena Counsel is grateful for the continued editorial contributions of:
Volume 14 Issue 7, 2017 3
JURISDICTION UPDATES
CHINA
8F, Kerry Parkside Office,1155 Fang Dian Road, Shanghai 201204, P. R. China
Tel: (86) 21 50101666*912 / Fax: (86) 21 50101222
By Amy Yuan E: amy.yuan@mhplawyer.com • info@mhplawyer.com
袁明悅 W: www.mhplawyer.com
Didi and Uber China’s merger from an tion demand with different price sensitivity.
For traditional public transportation vehicles,
Anti-monopoly Law perspective prices are subject to regulatory control and
thus are below the price of car-hailing ser-
vices, which are subject to the market
O n August 1, 2016, which happened to
be the eighth anniversary of the Anti-
monopoly Law, Didi announced its merger
The question of monopoly
Although it is unclear whether an investiga-
tion will be launched in this case, heated
price and provide differentiated services.
Consequently, car-hailing constitutes an inde-
pendent market from the market of public
with Uber China. The Ministry of Commerce debate has arisen on whether the merger transportation vehicles.
(Mofcom) has not yet launched any investi- will in essence constitute a monopoly. To
gation into operator concentration, but the reach the conclusion, it is necessary to first Hypothetical monopoly test
merger has sparked heated debate. determine the relevant market. The hypothetical monopolist test starts with
the assumption that the business operator is
Debate over self-declaration a monopolist (the “hypothetical monopo-
As provided in Article 3 of the Provision list”). Provided that the sales conditions of all
“As to Didi and Uber China,
of the State Council on the Declaration other products remain unchanged, if the
Threshold for Concentration of although they are hypothetical monopolist can continuously
Undertakings, if during the previous fiscal established under company increase the price of the target product by a
year, the total global turnover of all business small rate while the business is still lucrative,
names, they are more like
operators participating in the concentration the target product will be deemed as consti-
exceeded RMB10 billion (or RMB40 million markets for deal making. tuting a relevant market. Apparently, Didi and
in mainland China), and at least two of the Rather than being operators Uber China currently increase the price
operators each had a turnover exceeding continuously at a small rate. If its business is
in the marketplace, they
RMB400 million within mainland China, a still lucrative, such service shall be deemed as
declaration must be lodged in advance may constitute a market” a relevant market.
before the concentration is implemented. To sum up, the traditional viewpoint is
However, relevant provisions fail to further inclined to hold car-haling services as a rele-
specify “turnover”. vant market. However, the modern market
As to the merger of Didi and Uber Traditional viewpoint viewpoint thinks differently.
China, one argument holds that it should be The traditional viewpoint is based on the
gross turnover, including all fees customers Guidelines on Relevant Market Determination Market viewpoint
paid on Didi and Uber’s platforms. A differ- promulgated by the Anti-monopoly The modern market viewpoint is borne of the
ent opinion holds that turnover should be Commission of the State Council, which internet age. It holds that large internet com-
net income, excluding fees paid on such relies on demand-side substitution, hypo- panies whose major function is to facilitate
platforms as pass-through in light of Didi and thetical monopolist test, etc to determine deal making should be defined as a market. To
Uber’s special business models. relevant market. take a step further, if the large internet com-
Nevertheless, while the requirements for pany is defined as a market, it would also be
self-declaration may be unclear, Mofcom can Demand-side substitution unnecessary and unfeasible to determine the
still initiate a monopoly investigation based on The Guidelines pointed out that price factor relevant market that is being monopolised.
Article 4 of the Provision if it judges that the can be considered in the demand-side substi- As to Didi and Uber China, although they
merger would eliminate or restrict competi- tution test. In light of the merger of Didi and are established under company names, they
tion. However, Article 4 has remained a Uber China, the choice of transportation are more like markets for deal making. Rather
dormant clause since its effectiveness. vehicles is often driven by different consump- than being operators in the marketplace, they
4 www.inhousecommunity.com
may constitute a market. Take Taobao for merger will be a merger of two markets, platform industry still enjoys a policy bonus,
example. There is little debate on whether rather than operator concentration. Thus, which may be one of the considerations that
Taobao is a monopoly. From the market view- investigation of the merger would be unneces- explains why Mofcom has not yet launched
point, it is because the mass society has sary and it would not constitute a monopoly. an investigation. Nevertheless, as this indus-
already viewed Taobao as a market, rather As seen from the above, it is debatable try matures, it will be necessary to promul-
than an operator. Like Taobao, if Didi and on the merger of Didi and Uber China. In gate detailed regulation to address the above
Uber China each constitutes a market, their light of the macro environment, the internet debate and avoid ambiguity.
反壟斷視角下滴滴收購優步中國
2016年8月1日，在《反壟斷法》生效 二、 實質上是否構成壟斷 約車服務構成相關商品市場。但市場觀
的8周年紀念日，滴滴宣布與優步中國 盡管滴滴與優步中國合並尚未步入實質 點卻對此抱有截然不同的看法。
合並。但商務部至今尚未對該合並作出 審查環節，外界對滴滴與優步中國合並
經營者集中審查。外界對滴滴與優步中 是否構成壟斷依舊討論熱烈。而確定是 n 市場觀點
國合並不乏爭議，其中，既包括企業是 否構成壟斷的關鍵在於相關商品市場界 市場觀點為互聯網時代的產物。其認為
否應主動申報的程序性爭議，也包括是 定。以不同的市場邊界作為標准，得到 對於大型互聯網公司，本身便具有擁有
否構成壟斷的實質性爭議。 的結論往往大相徑庭。 撮合交易的市場實質，在其體量足夠大
時，應將其本身定性為市場，而非經營
一、 程序上是否應當主動申報 n 傳統觀點 者才更為准確。進一步而言，若將大型
按照《國務院關於經營者集中申報標准 傳統觀點依據《國務院反壟斷委員 互聯網公司本身定性為市場，則判斷相
的規定》（“《規定》”）第三條所規 會關於相關市場界定的指南》（“《指 關市場顯然沒有必要，也是不可實現
定的營業額標准，參與集中的所有經營 南》”），提出需求替代、假定壟斷測 的。在大型互聯網公司本身為市場而非
者上一會計年度在全球范圍內的營業額 試等方法界定相關商品市場。 經營者的情況下，因其本身並非經營
合計超過100億元人民幣（或在中國境 者，判斷其構成經營者集中，從而存在
內的營業額合計超過20億人民幣）， （一） 需求替代 壟斷之嫌也是無本之木。
並且其中至少兩個經營者上一會計年度 《指南》提出在界定相關市場時，可以 對於滴滴與優步中國，盡管其同樣
在中國境內的營業額均超過4億元人民 基於商品的特征、用途、價格等因素進 以公司的名義設立，具有法人實體，但
幣，經營者應當事先向國務院商務主管 行需求替代分析。就需求替代分析中的 其與傳統意義上的公司顯然已有分別，
部門申報，未申報的不得實施集中。但 價格因素而言，不同出行方式對應的是 更多的是扮演著撮合交易這一市場作
相關規定並未對“營業額”作出更明確 不同的消費需求，以及對價格敏感度不 用。與其將其定性為傳統意義上的經營
的解釋。 同的消費群體。出租車、公交和地鐵都 者，不如說其自身已構成市場。另一個
對於滴滴與優步中國合並，就如何 屬於價格管制行業，且在政府補貼下， 典型案例為淘寶。很顯然，社會公眾對
判斷“營業額”，存在以“流水額”還 價格通常低於網約車。而網約車則實施 淘寶是否構成壟斷關注度很低，市場觀
是以“淨收入”為准的爭議。有觀點認 市場調價，提供差異化服務，其顯然不 點認為究其原因在於社會大眾都已將淘
為“營業額”應作嚴格解釋。對於滴滴 應與出租車、公交和地鐵劃入同一相關 寶看做市場，而並未將其作為經營者看
及優步中國的營業額，應包含乘客向網 商品市場。 待。若滴滴與優步中國各自被認定為市
約車平台支付的全部費用（即流水額） 場而非經營者，則其合並后本質為兩個
。但另有觀點認為因網約車行業模式的 （二） 假定壟斷測試 市場的合並，而非經營者集中。顯然對
特殊性，滴滴與優步中國僅作為中介平 假定壟斷測試首先假設該經營者是以利 於該等合並不應發起經營者集中事先申
台，司機並非公司員工，對於其營業額 潤最大化為經營目標的壟斷者，在該前 報，在實質上也不應認定構成壟斷。
考察應衡量公司的淨收入而非流水額， 提假設下進一步分析，在其他商品的銷 由此可見，認定滴滴與優步中國合
即應為乘客向平台支付的全部費用中， 售條件保持不變的情況下，壟斷者能否 並是否構成反壟斷尚存諸多爭議。從政
最終由滴滴或優步中國淨收入的部分。 持久地（一般為1年）小幅（一般為5% 策上看，對於互聯網平台這一新興事
但即便主動申報尚存爭議，商務部 10%）提高目標商品的價格。若目標商 物，國家對其發展是寬容的，商務部也
依舊可根據《規定》第四條主張滴滴收 品漲價后，壟斷者仍有利可圖，則目標 暫未對滴滴與優步中國合並作出明確表
購優步中國案涉嫌排除、限制競爭，因 商品就構成相關商品市場。對於滴滴與 態。但隨著互聯網平台日趨成熟，我們
而依職權調查是否涉嫌壟斷，對滴滴與 優步中國的網約車服務，顯然在其合並 期待有關部門可以盡快出台相關措施，
優步中國合並發起實質性審查。遺憾的 后存在小幅且非短期的漲價，若其仍有 明確互聯網並購反壟斷相關問題，以節
是，自《反壟斷法》生效以來，商務部 利可圖，則其提供網約車服務應構成相 約因不確定性導致的企業交易成本，提
至今從未適用《規定》第四條，也沒有 關商品市場。 升市場效率。
為其使用制定配套規范。 由此可見，傳統觀點傾向於判斷網
Volume 14 Issue 7, 2017 5
JURISDICTION UPDATES
INDIA
14th Floor, Gopal Das Bhawan, 28, Barakhamba Road, New Delhi 110 001India
By Gaurav Wahie and Tel: (91) 11 4213 0000 / Fax: (91) 11 4213 0099
Lovejeet Singh Email: gaurav.wahie@clasislaw.com • lovejeet.singh@clasislaw.com Web: www.clasislaw.com
Regulatory challenges for Vodafone competition as there were horizontal over-
laps between the products.
Idea merger In this matter, CCI investigated relevant
markets on the basis of combined market
V odafone India is in discussions with Idea
Cellular for an all-share merger. It
appears that the intense competition the
that the merged entity can have up to 50
percent market share in any service area
calculated on the basis of the subscriber
share and incremental market share of the
merged entities, and market share of the
competitors and significant players, among
Indian telecom industry is facing due to base and adjusted gross revenue. In case other factors.
freebies offered by the new entrant, the market share exceeds 50 percent, then CCI proposed certain modifications and
Reliance Jio, has nudged this consolidation it should be reduced to the specified limit approved the merger subject to the parties
move. If the merger goes through, it will within a period of one year from the date of carrying out divestiture of their products
create India’s largest telecom company. approval of merger. relating to seven relevant markets.
However, regulatory challenges could It is expected that the Vodafone Idea Similarly, in the acquisition of the film
impede a smooth merger. merged entity may exceed the prescribed exhibition business of DLF Utilities by PVR,
The proposed deal will require approv- limits for spectrum and market share in CCI proposed divestment of certain assets.
als from several regulators, such as the several circles as both the companies have However, the parties proposed amend-
Department of Telecommunications (DoT), significant market share in India. ments saying divestiture was unviable, and
Competition Commission of India (CCI) and the CCI approved the combination without
National Company Law Tribunal (NCLT). Approval from CCI the requirement of making any divestiture.
The proposed merger would also require Considering the above precedents and
Approval from DoT approval from CCI as it is likely that the the fact that Vodafone and Idea are significant
The DoT’s M&A guidelines (Guidelines for merger will exceed the assets or turnover market players, CCI may consider approving
Transfer/Merger of various categories of thresholds prescribed under the Competition the merger with riders and modifications.
Telecommunication service licence/authori- Act, 2002.
sation under Unified Licence on compro- Considering that the proposed merger Approval from NCLT
mises, arrangements and amalgamation of will make the largest telecom company in The proposed merger will be dealt with by
the companies) provide that companies India, the merged entity may enjoy a the newly constituted NCLT and will be
should notify the proposal of a merger to dominant position in a few circles. CCI, governed by the provisions of the
the DoT as filed before the NCLT. while granting the approval, will closely Companies Act, 2013 as the provisions
The guidelines lay down that the consider that there is no appreciable relating to compromises, arrangements and
merged entity cannot hold more than 25 adverse effect on competition by the amalgamations were notified in December
percent of the total spectrum assigned for merged entity. 2016. Prior to this, such schemes were
access services and 50 percent of the spec- Though CCI has a good track record in approved by the High Courts in India.
trum assigned in a given band in the con- terms of approving mergers, there have
cerned service area. The M&A Guidelines been instances where CCI has recom- Conclusion
further provide that the merged entity must mended certain modifications, including While the merger is still in the discussion
surrender the excess spectrum within a divestiture before approving the merger, stage, the parties can expect regulatory
period of one year from the permission where it felt that there may be an appreci- hurdles as discussed above in the event they
being granted. able adverse effect on competition. decide to proceed with the transaction. In
In the alternative, the merged entity In the merger of Sun Pharma and addition to this, Vodafone’s unresolved tax
can either sell or share the excess spectrum Ranbaxy Laboratories, CCI was of the dispute could be another challenge for the
with other telecom operators. prima facie opinion that the merger will merged entity.
Further, the M&A guidelines provide likely cause appreciable adverse effect on
6 www.inhousecommunity.com
In-House
HEAD OF LEGAL - REAL ESTATE HONG KONG 10-15 years VP - FUNDS HONG KONG 6-8 years
A listed conglomerate seeks a Head of Legal for its real estate business. Bulge bracket bank with a strong investment management business seeks
You will advise senior management on legal & risk matters and manage the a mid to senior funds lawyer in a business facing role. You will be familiar
Group’s property development & M&A projects. Prior in-house experience & with the drafting & negotiation of fund documentation with clients & funds
fluent English, Cantonese & Mandarin are required. AC6343 service providers. Chinese language skills preferred. AC6352
ED - FUNDS HONG KONG / SHANGHAI 9-12 years FUNDS / PE HONG KONG 7+ years
Asset management arm of top US investment bank seeks a senior legal Financial services company seeks a legal counsel to provide legal support
counsel at ED level. Experience in authorized & private funds & regulatory to its investment function. Experience in asset management/private equity
matters, & prior PRC-related experience are needed. Fluent Mandarin skills & regulatory/corporate governance matters required. Commonwealth
are required. AC6212 qualification & ability to work independently are essential. AC6336
LITIGATION & INVESTIGATIONS HONG KONG 6-10 years ACQUISITION FINANCE HONG KONG 5-10 years
Global investment bank is looking an experienced litigator to handle A well-known PRC financial institution is looking for a mid-senior level
litigation & contentious regulatory matters. Prior financial services litigation lawyer to sit with the business & advise on outbound M&A financing
experience & ability to conduct complex investigations are essential. Fluent transactions. Both HK & PRC qualified lawyers will be considered. Fluent
Chinese skills are essential. AC6317 spoken & written English and Mandarin are essential. AC6300
COMMERCIAL / TMT HONG KONG 3-10 years CORPORATE / COMMERCIAL SHANGHAI 4+ years
Major internet/technology company is looking for a general commercial An international gaming company is looking to hire a dynamic, confident
lawyer. Solid corporate experience gained from reputable law firm & fluent lawyer in Shanghai. A law degree from a top university and international
Mandarin are essential. Exposure to internet, e-commerce, or TMT matters firm training essential. You will have commercial & transactional experience.
will be advantageous. AC5546 Mandarin language skills are essential. AC5436
AVP - DERIVATIVES HONG KONG 3-5 years EQUITIES HONG KONG 2-6 years
Global bank seeks a derivatives lawyer with experience in the APAC region. Bulge bracket bank seeks a junior to mid-level lawyer with a finance or
You will cover a mix of transactional & regulatory work with an emphasis derivatives background from a top tier firm. You will work closely with the
on equity derivatives & structured products distribution. Chinese language traders in a dynamic environment with high calibre individuals. Chinese
skills advantageous. AC6339 language skills are not essential. AC6309
Private Practice
ARBITRATION COUNSEL/PARTNER HONG KONG 8+ years M&A PARTNER HONG KONG 10-15 years
Top tier US firm seeks a senior arbitration lawyer with extensive APAC US firm is seeking an M&A Partner to build and lead a team. Some book
arbitration experience from an international firm in HK/Asia to join its team. of business would be helpful & culture fit is key. Solid deal experience in
A book of business is preferred but not required to join this team. No Asian cross border transactions is required. Chinese language skills helpful but
language skills needed. Good compensation package. AC6312 not essential. Entrepreneurial environment & US rates on offer. AC4892
REAL ESTATE M&A HONG KONG 2-4 years INSOLVENCY LITIGATION HONG KONG 2-4 years
Market-leading real estate practice is seeking an experienced junior to mid- A US law firm is looking for an associate to do a mixed commercial &
level lawyer. Excellent opportunity to work with well-regarded partners in insolvency litigation role. The team is reputable in the restructuring/
the region. At least 2 years’ relevant experience from a reputable real estate insolvency space & experience with either commercial litigation / insolvency
practice in HK and Chinese language skills essential. AC6150 litigation will be considered. Proficiency in Mandarin is essential. AC6275
DCM HONG KONG 2-4 years M&A HONG KONG 1-3 years
Magic Circle firm seeks a junior to mid-level lawyer with DCM experience to Reputable UK firm is looking for a junior corporate associate to join its
join the DCM team. Great opportunity to join a strong practice with a good growing team. You will have M&A experience gained from an international
working environment. Those with UK qualifications will also be considered. law firm as well as fluent English and Chinese language skills. Excellent
Fluent English and Mandarin language skills are required. AC6331 opportunity to gain exposure to high quality work in a busy team. AC6041
This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
Please contact Emily Lewis, elewis@lewissanders.com + 852 2537 7408 or Eleanor Cheung, echeung@lewissanders.com + 852 2537 7416
Karishma Khemaney, kkhemaney@lewissanders.com + 852 2537 0895 or email recruit@lewissanders.com
www.lewissanders.com
In-House
CORPORATE / REAL ESTATE HONG KONG 10+ years PRIVATE BANKING HONG KONG 6-10 years
A listed conglomerate seeks a HK qualified senior lawyer with excellent Top tier bank seeks a lawyer to support the business team of its private
experience in M&A, corporate finance & general commercial matters. banking business. Private banking or loans and finance experience is
Experience in commercial lending & exposure to the real estate market preferred, and familiarity with securities lending would be a plus. Chinese
advantageous. Fluent English and Cantonese are essential. AC5357 language skills are not essential. AC6334
COMMERCIAL / CONSTRUCTION HONG KONG 6-10 years M&A HONG KONG 6-10 years
Reputable hospitality MNC seeks a mid to senior level corporate lawyer. Leading MNC is looking for a mid to senior level corporate/commercial
This role will cover corporate, commercial contracts and construction. lawyer. You will advise on M&A, JVs, financial services, regulatory & general
Corporate/commercial experience & exposure to the construction industry commercial matters in the region. Commonwealth qualification is essential.
required. Attractive benefits on offer. Chinese language required. AC5992 Chinese skills not required. AC6051
LITIGATION HONG KONG 3-6 years CORPORATE FINANCE HONG KONG 4-8 years
Regulatory body seeks a junior to mid-level litigator who is looking to gain A listed financial services entity seeks a corporate legal counsel in HK. You
good contentious & non-contentious financial services/regulatory exposure will have experience in corporate finance, M&A, funds formation or DCM.
to join its well-established team. Competitive salary & good work/life balance Business level Mandarin skills & HK qualification are essential. Both private
on offer. Fluent written & spoken Chinese essential. AC3767 practice & in-house candidates will be considered. AC6347
FUNDS HONG KONG 5-10 years DERIVATIVES / REGULATORY HONG KONG 3+ years
Top tier global asset manager seeks a legal counsel to join its team. International bank is looking for a legal counsel who has a good
You will have experience in a broad spectrum of funds work, including understanding of China legal and regulatory matters together with exposure
both authorized and private funds, distribution, regulatory, and general to corporate, derivatives or finance transactions to join its China coverage
commercial work. Mandarin would be a bonus but not essential. AC6148 desk in HK. Fluency in written & spoken Mandarin is required. AC6324
ADVISORY COUNSEL HONG KONG 2-4 years CORPORATE / COMMERCIAL HONG KONG 3-6 years
Excellent opportunity for a lawyer to join a regulator to focus on commercial PRC conglomerate seeks a HK qualified mid-level lawyer with solid
& regulatory work. Strong academics & solid experience gained from an experience to handle commercial contracts, listing compliance, general
international firm are essential. Regulatory / corporate M&A background corporate & litigation matters. Native Mandarin speaker with fluent
candidates will be considered. HK qualification is essential. AC6290 Cantonese preferred. Competitive package on offer. AC6274
Private Practice
LITIGATION HONG KONG 5-8 years BANKING & FINANCE HONG KONG 3+ year
Top UK law firm seeks a senior disputes lawyer with HK qualification & International law firm is seeking a mid-level lawyer with strong general
experience in commercial litigation matters. Prior experience in contentious banking experience from an international or reputable HK law firm to join its
regulatory, tax disputes/high net worth contentious probate matters team. This role will include a broad range of banking & finance work. Fluent
advantageous. Native Cantonese & Mandarin preferred. AC6305 level Mandarin skills are essential. AC1448
IP HONG KONG 3-5 years DERIVATIVES/STRUCTURED FINANCE HK 2-5 years
Well-established international law firm is looking for a mid-level IP associate Magic Circle firm seeks a derivatives & structured finance associate to
to join its team. Ideal candidates should have contentious and non- join its well-regarded practice. You will have strong academics & relevant
contentious IP experience particularly involving trademarks. HK qualification experience from international firms. Mandarin language skills would be a
and Mandarin languages skills are required. AC6342 bonus but not required. Quality work on offer. AC6332
CORPORATE HONG KONG 1-9 years CORPORATE FINANCE HONG KONG 1-3 years
Law firm with strong global network & in expansion mode seeks senior US firm is seeking a junior corporate finance associate to join its Hong
& junior general corporate/commercial lawyers. You will focus on cross- Kong team. Ideal candidate should have training from an international law
border M&A transactions, commercial matters and post-IPO compliance firm and experience advising on HK IPO matters. Good opportunity to join a
work. Excellent work/life balance & career prospects on offer. AC6337 quality practice with a good working culture. Mandarin is required. AC6295
This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
Please contact Lindsey Sanders, lsanders@lewissanders.com + 852 2537 7409 or Jenny Law, jlaw@lewissanders.com + 852 2537 7448
Chris Chu, cchu@lewissanders.com + 852 2537 7415 or email recruit@lewissanders.com
www.lewissanders.comJURISDICTION UPDATES
INDONESIA
Menara Imperium, 30th Fl. Jl. H.R. Rasuna Said Kav. 1 Jakarta 12980, Indonesia
By Dini Retnoningsih and Indra Tel: (62-21) 831-5005, 831-5025 Fax: (62-21) 831-5015, 831-5018
Aditya Pambudy E: dini@lgslaw.co.id • indra@lgslaw.co.id W: www.lgslaw.co.id
the divestment mechanism was streamlined
Recent changes to Indonesia’s coal and across foreign-owned coal and mineral min-
mineral resources regulations ing companies, as opposed to differentiation
between minerals adopted previously.
The divestment obligation applies to all
O n January 11, 2017, the Government
of Indonesia enacted Government
Regulation No. 1 of 2017 on Fourth
combined effect of maintaining the prohibi-
tion on the export of unrefined minerals.
Under the current regime, there are
companies with foreign-owned shares
therein, whether or not such company is
undertaking in-country mineral processing,
Amendment of Government Regulation No. two mineral purity bands, namely “pro- and becomes applicable on the fifth anni-
23 of 2010 on Implementation of Mineral cessed” and “purified”. All minerals are sub- versary of commercial (production) opera-
and Coal Mining Business Activity ject to in-country processing and/or tions. A company subject to divestment
(Government Regulation No. 1/2017). purification as an export precondition, irre- obligation is required to gradually sell shares
Government Regulation No. 1/2017 spective of whether the requisite purity level therein to Indonesian party, such that by
governs three key areas, namely domestic is listed or not. Minister Regulation No. the 10th anniversary of the commercial
processing obligations, procedure to obtain 5/2017 further provides that mineral com- (production) operation, 51 percent of the
export recommendation and divestment modity whose processed-band and/or company’s shares is owned by the
obligation. To further detail the provisions set purity-band level are not yet set under the Indonesian party.
out under Government Regulation No. current regulation will not be eligible for An Indonesian party for the purpose of
1/2017, the Minister of Energy and Mineral export until after such requisite processed- the divestment obligation comprises:
Resources issued three implementing regu- band and/or purity-band level has been set. a. The central government;
lations, namely: Minister Regulation No. 5/2017 prohibits b. Provincial or municipal/regency government;
1. Minister of Energy and Mineral holders of Contract of Works (CoW) (previ- c. State-owned enterprise and regional
Resources Regulation No. 5 of 2017 on ous generation contract-based mining con- government-owned enterprise;
Enhancement of Minerals Additional cession) from exporting processed minerals d. National Indonesian private business
Value through Mineral Processing and in certain amount without first converting entity (which must be 100 percent
Refining Activity in Indonesia (Minister their concessions to the current licence- Indonesian-owned to qualify).
Regulation No. 5/2017); based IUP regime. The legal justification for The divestment is to be undertaken gradu-
2. Minister of Energy and Mineral imposing such restriction is not immediately ally (see table).
Resources Regulation No. 6 of 2017 on clear, although one possible reason is the
Procedure and Requirement of Issuance government’s desire to force holders of Divestment timeline
of Mineral Export Recommendation CoW to convert to IUP. Even after conver- Amount of shares that
Resulting from Processing and Refining sion, the export of processed minerals in Year must be divested to
(Minister Regulation No. 6/2017); and certain amount is allowed for only five years Indonesian party (from the
3. Minister of Energy and Mineral Resources as of the enactment of Minister Regulation total of shares)
Regulation No. 9 of 2017 on the No. 5/2017 (ie, until January 11, 2022). 6th 20 percent
Procedure for Share Divestment and CoW holders are, however, permitted to 7th 30 percent
Share Divestment Pricing Mechanism in export minerals that have been processed up 8th 37 percent
Coal and Mineral Mining Business Activity to purified-band purity level.
9th 44 percent
(Minister Regulation No. 9/2017).
Divestment obligation 10th 51 percent
Domestic mineral processing and export While divestment obligation was mandated
One of contentious area of Indonesia’s min- from as far back as 2009 when the current Price determination is based on fair
ing law is the restriction on export of unre- mining law regime was enacted, the divest- market value. It, however, excludes the val-
fined minerals. Government Regulation No. ment mechanism has always been conten- ues of mineral or coal reserves contained
1/2017, Minister Regulation No. 5/2017 and tious. Under Government Regulation No. within the concession at the time of the share
Minister Regulation No. 6/2017 have the 1/2017 and Minister Regulation No. 9/2017, offer being divested.
10 www.inhousecommunity.comLegal Director 15+ PQE Legal and Compliance Counsel 3+ PQE
Building Systems Singapore Hedge Fund Singapore
[A41028] [A41047]
• Regional legal head for SEA • To advise on all legal, regulatory and compliance
• Construction or industrial experience would be matters relating to the hedge fund
regarded very favourably • Funds and/or ISDA experience would be ideal but not a
• Admission to the Singapore bar is a must strict pre-requisite
• Some travel required • Candidates with general banking and/or financial
services experience will be considered
Structured Finance Lawyer 10+ PQE Legal Counsel 3-5 PQE
Commodities Singapore Technology Singapore
[A41042] [A41046]
• SG / UK qualified • Must be called to the Singapore Bar
• Experience in structured finance required • Strong private practice or prior in-house
• Trade finance, shipping litigation and treasury experience, preferably in ICT sector
experience would be advantageous • To negotiate and prepare a range of technology
• Global coverage related agreements including IT services outsourcing,
• Mandarin language ability (spoken and basic reading) provision of managed services/professional services,
essential as this role covers the PRC market data centre co-location, and system integration
• Travel to UAE is expected • A dynamic, fast paced environment
Corporate Governance Counsel 10+ PQE Legal Counsel 15+ PQE
Insurance Singapore US MNC Bangalore, India
[A41035] [A40501]
• Lead lawyer for corporate governance and all matters • A key member of the leadership team of a leading
relating to the board of directors and running of MNC
board/committee meetings for group entities in • Responsibilities entail negotiating high value,
Singapore and the APAC region complex deals and general executive support
• Accustomed to interfacing confidently with • Team management and strong leadership skills
independent directors and senior management required
• Experience liaising with MAS and some familiarity with • IT industry experience ideal
relevant MAS regulations and guidelines • Competitive remuneration package on offer
Compliance Counsel 7-10 PQE Legal Director 10+ PQE
Energy and Commodities Singapore European FMCG Shanghai, PRC
[A41036] [A40946]
• Standalone role, reporting to the Head of Compliance • Standalone role supporting business and strategic
based in Geneva development with a strong focus on Chinese
• Relevant compliance experience with commodities operations
trading houses or from the oil & gas industry strongly • Reporting is to APAC Legal Head based outside China
desired • Key to this hire is someone who is pro-active and
• Mandarin abilities required as this role will cover the strategic, and able to work well with the local
PRC market management team
Legal Counsel 3+ PQE Senior Legal Counsel 10+ PQE
Investment Bank Singapore US MNC Kuala Lumpur, Malaysia
[A41043] [A41049]
• Must be Singapore qualified, with at least 2 years' • Prior experience in partnering with HR and business to
practice experience and 1 year in-house experience advise and craft creative, pragmatic solutions to
with a financial institution employment issues
• Banking and/or capital markets (in particular, DCM) • Develop and execute strategies that are reflective of
experience required company policy and compliant with applicable laws
• To provide transactional legal support, legal and in each of the jurisdictions the company operates
regulatory advice on all aspects of the bank's business • Travel within the APAC region is anticipated
as well as corporate secretarial services
ISDA Lawyer 3+ PQE Regional Counsel 8-12 PQE
Financial Institution Singapore Construction Singapore/ Thailand/ Vietnam
[A41041] [A41031]
• Part of a mid-size legal team, reporting to the Head • Solid construction experience
of Legal • Experience gained at a large law firm and in-house in
• ISDA experience required the construction or related industry
• General banking candidates with some familiarity • International experience preferred
with ISDA/treasury work will also be considered • Common law qualification
• Thai, Vietnamese or Indonesian language ability a plus
Room 1402, 14/F,
Wanchai Central Building
89 Lockhart Road,
Wan Chai, Hong KongJURISDICTION UPDATES
PHILIPPINES
By Cyndy P. dela ACCRALAW Tower, 2nd Ave. Cor. 30th St., Bonifacio Global City
Cruz Taguig City, Metro Manila, Philippines
Tel: (63) 82 224 0996, / Fax (632) 4037007 or (632) 4037008
E: cpdelacruz@accralaw.com W: www.accralaw.com
Cyber bullying in the Philippines 2176, Civil Code) One who posts in social
media, causing damage to the reputation of
another may be liable to the subject for
T he pen is mightier than the sword or so the
adage goes. When this was once said, it
was to highlight the power of thoughts and
10627) This covers social bullying aiming to
belittle another individual or group or gen-
der-based bullying that humiliates another
damages and this can be a valid cause of
action under the law. Such posts must tend
to pry to the privacy and peace of mind of
ideas over brute force and violence as a way on the basis of perceived or actual sexual another, meddle or disturb the private life or
to effect change. Today, the pen can very orientation and gender identity. (Sec. 3, B-1, family relations of another, intrigue to cause
well be a tap of a button, as social media has RA 10627, Implementing Rules). another to be alienated from his friends or
reinvented our way of life anew — for good vex or humiliate another on account of his
or for bad. The Revised Penal Code and the religious beliefs, lowly station in life, place of
Regardless of political affiliation or social Cybercrime Prevention Act birth, physical defect or other personal con-
philosophy, it is undeniable how the power of One who publicly or maliciously imputes to dition. (Art. 26, Civil Code)
social media has shaped recent events. The another a crime, vice, defect, real or imagi-
perceived anonymity that social media brings nary, or any act, omission, condition, status The Labour Code on Just Causes
tends to shed people’s normal sensibilities or or circumstance tending to cause the dis- for Termination
even basic civility. We therefore sometimes honor, discredit or contempt of a natural or An employee who spreads rumors or
see posts or commentaries meant to juridical person, or blacken the memory of intrigues against a co-worker or his superior
embarrass competence and intelligence, gen- one who is dead may be liable for libel under or vice versa, or who does any act similar to
der or just plain rumour mongering. this Code. (Art. 353, RPC) These acts are cyberlibel, slander, intriguing against honour
Such acts done behind the cloak of a more severely punished when done online or even prying into the privacy of another
social media platform may have legal implica- in addition to the civil action for damages may be a just cause for termination if
tions under Philippine Laws. which may be brought by the offended embodied in the company policy in addition
party. (Sec. 4(c-4), RA 10175) Cyberlibel to all other causes of action available to him
The Anti-Bullying Act of 2013 holds liable only the original author of the under the laws mentioned. (Sec. 5.2(g),
(RA 10627) post (Sec. 5(3), Implementing Rules of RA D.O 147-15)
This law finds applicability in school-related 10175). Likers or sharers of a post cannot However, all these will only be a valid
bullying, student-student bullying in particu- be held liable under this law. cause of action to one who is the subject of
lar, which covers those uttered in social Slander may also be applicable to one the post and who is aware of the post
media. “Bullying”, as defined, refers to any who, in heat of anger, utters statements that directed to him.
severe or repeated use by one or more are highly defamatory in character. (Art. 358, Freedom of speech must not be
students of a written, verbal or electronic RPC) Intriguing Against Honour may also infringed but this right is not without any
expression, or a physical act or gesture, or find applicability when the principal purpose limitations. In the end, it is always best to
any combination thereof, directed at another is to blemish the honour or reputation of a devote the stroke of our fingers and the
student that has the effect of actually causing person. (Art. 364, RPC) However, the clicks of our mouse to intellectual discourse
or placing the latter in reasonable fear of requirement is that the post be directed to a that matter rather than risk being held liable
physical or emotional harm or damage to his specific person. Hence, a blind item is not as under the law. After all, the power of our
property; creating a hostile environment at actionable as a named-post in social media. minds should be mightier than any sword
school; infringing on the rights of another; or there is.
materially or substantially disrupting the edu- The Civil Code on Damages
cation process. (Sec. 2, RA 10627) These One who is aggrieved by a defamatory post Note: This article was originally published in
acts are collectively called “cyber bullying” in social media may find refuge in the provi- Business World, a newspaper of general circu-
when committed online. (Sec. 2-D, RA sions of the Civil Code on Damages. (Art. lation in the Philippines
12 www.inhousecommunity.comLONDON | HONG KONG | SINGAPORE | NEW YORK Pure Search A global candidate network of unrivalled quality, a consistently superior service, over 30 years combined recruitment experience. Pure Search: Your Trusted Recruitment Partner. Liam Richardson | In House FS Hires Mike Wright | Private Practice Hires +852 2499 9794 | liamrichardson@puresearch.com + 852 2520 5298 | mikewright@puresearch.com Michael Allen | In House FS Hires Sherry Xu | In House C&I Hires + 852 2499 9796 | michaelallen@puresearch.com + 852 2520 5072 | sherryxu@pureseach.com puresearch.com Pure Search International Pte Ltd, Level 61, Unit 09 The Center 99, Queen’s Rd Central, Hong Kong
JURISDICTION UPDATES
SOUTH KOREA
Poongsan Bldg. 23 Chungjeongro, Seodaemun-gu, Seoul 03737, Korea
Tel: 82 2 2262 6288 / Fax: 82 2 2279 5020
By Myung-Cheol E: mcchang@leeinternational.com W: www.leeinternational.com
Chang
Unfair competition in Korea the intentional violation of the trade secrets
law could be increased up to three times the
actual loss. This is also a departure from the
T he Korean government has taken steps
to protect trade secrets more effec-
tively by easing the requirements for trade
trade secrets: production methods, sales
methods and other useful technical or busi-
ness information, as long as the confidential-
existing Unfair Competition Act, which pro-
vides that any person who has suffered dam-
age from theft of trade secrets may be
information to become trade secrets ity of the information has been maintained. compensated only for the amount of his/her
and by enabling broader protection for This represents a further loosening of actual loss, with the amount of compensation
such information. the standard. The deleted phrase “main- estimated under a provision of the Act.
Announced in August 2016, the revised tained as confidential based on reasonable The revised version considers a number
version of the Unfair Competition Prevention of relevant factors, such as the intent of the
and Trade Secret Protection Act (Unfair violator, how long the violation of the law
Competition Act) was a response to the persisted and how many times the law was
“If the proposed Act
increasing damage suffered by Korean com- violated. Depending on the circumstances, if
panies from the theft of trade secrets. becomes law, any technical the law was violated intentionally, the dam-
To facilitate better enforcement, the or business information of a age award could be considerably heavier
Korea Intellectual Property Protection Agency under the new Act.
company could be
would be authorised to investigate violations
and offer corrective recommendations. considered to constitute a Penal provisions
Additionally, the Act would have increased trade secret as long as it had While the existing Unfair Competition Act
teeth, allowing victims damaged by the unau- prescribes possible imprisonment or a fine
been kept confidential, even
thorised disclosure of their confidential tech- for those who have acquired, used or leaked
nologies to recover up to treble damages, without ‘reasonable efforts’ trade secrets to any third party (knowing that
and intentional violations of the law could be made to maintain the they will be used in another country), the
restrained. This is in sharp contrast with the revised version specifies and increases the
confidentiality”
existing Act, which allows unauthorised dis- types of acts that would be considered viola-
closure of trade secrets to go unpunished in tions, to further enhance protections
the absence of an express provision regulat- afforded by the law.
ing such violations. The revision also would efforts” was actually the result of a revision Article 18 of the revised version
broaden the types of acts that would be dated January 2016, modifying the earlier expands the acts that would constitute a
considered trade secret violations. phrase “maintained based on considerable violation of the trade secrets laws from “an
The main points of the proposed revi- efforts”. Therefore, the proposed Act act of acquiring, using or disclosing to a
sions to the Unfair Competition Act are would significantly lower the threshold for third party, trade secrets”, to also include
as follows: information to become a trade secret and it “an act of disclosing or maintaining trade
would expand the range of protection by secrets beyond the scope of given author-
Definition of trade secrets deleting “reasonable efforts”. If the pro- ity”, “an act of obtaining trade secrets such
Under the existing Unfair Competition Act, posed Act becomes law, any technical or as through embezzlement, fraud, threat or
the term “trade secrets” includes production business information of a company could any other way that is illegal”, and “an act of
methods, sales methods or other useful tech- be considered to constitute a trade secret refusing or avoiding the request of a trade
nical or business information, which informa- as long as it had been kept confidential, secret holder to delete or return such trade
tion is not known publicly, which has even without “reasonable efforts” made to secrets or keeping copies of the foregoing
independent economic value and which has maintain the confidentiality. even after the authority to use or maintain
been “maintained as confidential based on such trade secrets has expired”.
reasonable efforts”. Treble damages If enacted, the revised version of the Act
Article 2 of the proposed Act deletes the Article 14-2(6) of the revised Act contains a is likely to significantly improve protection of
phrase “reasonable efforts” and recognises as new provision in which damages arising from trade secrets in Korea.
14 www.inhousecommunity.comtaylorroot.com @TaylorRootLegal taylor-root
JURISDICTION UPDATES
VIETNAM
Ho Chi Minh City Office – Unit 305, 3rd Floor, Centec Tower
72-74 Nguyen Thi Minh Khai, Ward 6, District 3, Ho Chi Minh City, Vietnam
Tel: (848) 3823 9640 / Fax: (848) 3823 9641 / Moblie: (84) 937 319 915
E: ngoc.luu@indochinecounsel.com
By Luu Thi Hanoi Office – Unit 705, 7th Floor, CMC Tower, Duy Tan Street, Cau Giay District, Hanoi, Vietnam
Ngoc Tel: (84) 4 3795 5261 / Fax: (84) 4 3795 5262
E: hanoi@indochinecounsel.com W: www.indochinecounsel.com
New capital adequacy regulations The application of Circular 41 will help the
banks to:
in Vietnam (i) plan their business operations and
strategy more safely;
T he State Bank of Vietnam (SBV) recently
released regulations requiring banks and
foreign bank branches in Vietnam to maintain “A higher rate of capital and
(ii) operate with less risk because risk
management is strengthened, while
funds are managed more efficiently;
a minimum capital adequacy ratio (CAR) of 8 control of liquidity will (iii) attract more foreign investors because
percent from 2020. affect loan interest rates. the banks operate in an environment of
Circular No. 41/2016/TT-NHNN, This increases capital costs international standards.
dated December 30, 2016, is effective from and, as a result, the net
January 1, 2020 and is oriented towards However, Circular 41 also has negative
profit of banks will decrease”
Basel II standards, including many changes impacts on the banking system, particularly
compared to Circular No. 13/2010/ when applying the Basel II standard, in which
TT-NHNN, dated May 20, 2010 on a higher rate of capital and control of liquidity
adequacy ratios of credit institutions. Under will affect loan interest rates. This increases
the Basel II standards, the minimum CAR of Specifically: the capital costs and, as a result, the net
the banks is required at 8 percent, the same C: the bank’s capital (equity) profit of banks will decrease. At the same
ratio required under Basel I. However, the RWA: Risk weighted assets time, Vietnam’s banks would face such
CAR under Basel II is calculated under a KOR: The capital requirements for challenges as:
new formula, which is also applied by operational risk (i) a need to improve risk management;
Circular 41. KMR: The capital requirements for (ii) the requirement of reliable data systems
Presently, the minimum CAR required market risk of high precision;
for banks in Vietnam is 9 percent (ie, higher (iii) a demand to meet the huge
than the CAR of 8 percent under Circular Following Circular 41, CAR is calculated deployment costs.
41). According to banking analysts, the more rigidly to meet Basel II standards.
current CAR of some of the largest banks in Accordingly, 8 percent CAR under Basel II The Basel II application in Vietnam will be a
Vietnam stands at about 9 percent and, is an increase of the current application of 9 challenge for local banks, but it is expected
therefore, their CAR will be reduced under percent by Vietnamese banks. to make Vietnamese banks healthier.
Basel II standards. Under Circular 41, the
minimum CAR of 8 percent required
C
for banks in Vietnam is defined by the CAR = x 100%
RWA + 12,5 (KOR + KMR)
following formula:
Find the Asian-mena Counsel JURISDICTION UPDATES archived at
www.inhousecommunity.com
16 www.inhousecommunity.comJURISDICTION UPDATES
EVENT REPORT
In-House Congress Dubai • Dubai Expo 2020 — The legal story
so far
• Legal and Regulatory Changes Affect-
T he 11th In-House Congress Middle
East, Dubai took place on Feb-
ruary 22 and was attended by more
legal practice, and also established the
“pizza test” for in-house counsel to help
demonstrate the comfort, or otherwise,
ing the Investment Outlook in 2017
• Offshore Meets Onshore — How the
offshore jurisdictions integrate with
than 230 delegates. Around 50 percent an in-house counsel team can draw from and complement onshore jurisdic-
were general counsel and 40 percent of their external providers through breaking tions, including DIFC SPCs
the remaining were also from legal in- bread with them. • The Role of the Legal Team — Before
house teams. The day continued with top of and after a cyber breach
The day began with London-based the drawer Workshops from the follow- • Sanctions in the Trump Era — From
general counsel veteran Evangelos Apos- ing firms: Iran to Russia and beyond
tolou urging our distinguished panel to BSA Ahmad Bin Hezeem & Associ- The general evaluation of the day as pro-
explore what “cost, quality and value” ates; Clyde & Co; Conyers Dill & Pearl- vided by our delegates was overwhelm-
means to each of them. He introduced man; Gibson, Dunn & Crutcher; Hade ingly encouraging, with more than half
the topic by using a metaphor of three & Partners; Hogan Lovells; Kroll; Reed indicating that the content of the day was
stone masons, each performing the Smith, and Tritonian Law Advisors cover- “excellent”. Andrew Glendenning, senior
same task of chiselling a piece of marble. ing the topics listed below: legal counsel at PwC summed up the
The first, when asked, believed he was A Practical Guide to Handling Com- general sentiment very aptly: “The 2017
simply earning a living; the second that mercial Regulatory Issues in the UAE In-House Congress Middle East, Dubai was
he was supporting his family; and the Legal Market a great success. As always the sessions were
third answered that he was building a • Cracking the Contract — Do’s and very informative and the event provided a
mosque. The point of the analogy being don’ts when drafting and reviewing great opportunity to meet and network with
that our motivation determines the suc- UAE legal contracts other in-house lawyers.”
cess, or otherwise, in our engagement • Drafting Sound Contracts — Devel-
in our careers. The discussion continued opments in English contract law in the
to explore the effect of technology and last year
A special thanks on behalf of the In-House Community™
to all our speakers, which included:
Evangelos Apostolou Patrick Dransfield Teegan Lindsay
President, EMEA, SirionLabs,
ex-General Counsel, Asia-
Publishing Director
Asian-mena Counsel
VP – Legal (Projects)
ACWA Power
“As always the sessions were very
Pacific, and Partner, Ernst &
Young and ex-General Counsel,
and Co-Director
In-House Community
informative and the event provided a
Asia-Pacific, British Telecom
great opportunity to meet and network
Andrew Beckett
Managing Director
Fawaz Elmalki
Director
Patrick Murphy
Partner with other in-house lawyers”
Kroll Conyers Dill & Pearman Clyde & Co
– Dubai Congress delegate
Rindala Beydoun Charles Fuller Tarek Nakkach Imtiaz Shah Deepa Tharmaraj
Founder and Managing Partner Region Legal Counsel, Partner Legal Director EMEA
Partner Hogan Lovells Middle East and North Hogan Lovells Dell EMC
Tribonian Law Advisors Africa
Hewlett Packard
Enterprise
Dr Ahmad Bin Hezeem Vince Gordon Anthony Pallett Oliver J. Simpson Warren Thomson
Senior Partner Middle East Managing Partner Associate Partner
BSA Ahmad Bin Hezeem Partner Hogan Lovells Conyers Dill & Pearman Hogan Lovells
& Associates LLP Reed Smith
Vineet Chaudhary Sadiq Jafar Sai Pidatala Adam Smith Kayaan Unwalla
Senior Manager – Legal Managing Partner Associate Partner Senior Associate
Wockhardt Ltd. Dubai Reed Smith Gibson, Dunn & Reed Smith
Hadef & Partners Crutcher LLP
Tania De Swart Nick Jennings Justine Reeves Andrew Tarbuck Victoria Woods
Partner Senior Associate Head of Knowledge Partner Head of Commercial
Reed Smith Hadef & Partners Management Hogan Lovells Hadef & Partners
Clyde & Co
18 www.inhousecommunity.comYou can also read
