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Skadden advised Meituan, China’s leading e-commerce platform; Ashurst represented Far East Consortium International on the subscription to HK$129.5 million convertible bonds issued

Bond issuances

Skadden advised Meituan, China’s leading e-commerce platform for services, in its offering of US$3 billion zero-coupon convertible bonds and a concurrent top-up placement of 187 million shares on the Hong Kong Stock Exchange. The shares are offered for a...
Trip.com completed its secondary listing on the Hong Kong stock exchange on 19 April. Skadden acted as the Hong Kong and US legal counsel, Commerce & Finance Law Offices acted as PRC counsel, and Maples Group acted as Cayman...
Paul Hastings advised China ZhongDi Dairy Holdings on its acquisition; Dechert advised New Century Asset Management on termination of its New Century REIT

Acquisitions

Paul Hastings advised China ZhongDi Dairy Holdings on its acquisition and privatisation by dairy company Yili Group in Inner Mongolia. On completion of the HK$1.66 billion (US$212.7 million) mandatory conditional cash offer by capital markets and investment group CLSA, on...
Expert services and litigation consulting firm Secretariat has expanded to India with the opening of an office in Mumbai and the appointment of Mrinal Jain as a director. Jain will lead the firm’s economic damages and valuations practice in India....
General counsel should be professionally recognised via a review of The Advocates Act, and be supported by a regulatory body, write General Counsels’ Association of India founders Akhil Prasad and Sanjeev Gemawat The legal profession has traditionally been associated...
The sound of distinction in IP protection, Aprajita Nigam and Ruchi Sarin, LexOrbis

The sound of distinction in IP protection

By Aprajita Nigam and Ruchi Sarin, LexOrbis
Registrations have been granted for sound marks since 2008 when the Yahoo! Yodel was the first. The first Indian entity to obtain a sound mark registration was ICICI Bank, which registered its corporate jingle. Many more have followed. The...
Copyright registration not mandatory for enforcement of rights, Aprajita Nigam and Smrita Sinha, LexOrbis

Copyright registration not mandatory for enforcement of rights

By Aprajita Nigam and Smrita Sinha, LexOrbis
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention, India recognises the principle. Section...
The Singapore Corporate Counsel Association (SCCA) is bringing together leading lawyers from China, India, Hong Kong, Singapore, and the Philippines to shed light on the challenges faced by in-house and external counsel through its webinar, Cross-Border Conversation. To be held...
China opens further to international arbitration, Chen Xianglin, Han Kun Law Offices

China opens further to international arbitration

By Chen Xianglin, Han Kun Law Offices
In less than two years, both central and local governments have introduced a number of measures to promote China’s adoption of international arbitration. Just what has been introduced at the levels of national policy and judicial practice? Since the outbreak...
Tread carefully with TM

Tread carefully with TM

By Shreekanth Katti and Harry Jose, Syngene International
The improper use of trademark symbols in overseas markets can cause headaches for in-house lawyers writes Shreekanth Katti The marketing, commercial and business development departments of companies work hard to create brand names in order to make their products and...
Equity design from a corporate control perspective, 公司控制视角下的股权设计, Li Jialin and Xiong Xiaorong, Tiantai Law Firm

Equity design from a corporate control perspective

By Li Jialin and Xiong Xiaorong, Tiantai Law Firm
Shenzhen Special Economic Zone´s Regulations on Commercial Registration came into effect on 1 March 2021. Article 4 of the regulations added the provision that “arrangements for differences in voting rights shall be specified in the articles of association if...
The Hong Kong Stock Exchange has published a consultation paper on proposed listing rules amendments to streamline listing regimes for overseas issuers that are incorporated outside of China and Hong Kong, including those with a centre of gravity in...
To further implement the opening up of the insurance industry in China, on 10 March the China Banking and Insurance Regulatory Commission (CBIRC) promulgated the Decision of the China Banking and Insurance Regulatory Commission on Revising the Rules for...
RBI clears air around PA:PG guidelines, Anu Tiwari and Rohan banerjee, Cyril Amarchand Mangaldas

RBI clears air around PA/PG guidelines

By Anu Tiwari and Rohan banerjee, Cyril Amarchand Mangaldas
The authors shared key learnings from our experience with the payment aggregator and gateway guidelines (PA/PG guidelines) issued by the Reserve Bank of India (RBI) on 17 March 2020, in our previous column. Following industry representations, the RBI has...
The Indonesian government just passed Government Regulation No. 56 of 2021 regarding Royalty Management of Copyrights of Songs and/or Music, which came into force on 31 March. One of the articles states the obligation of cafes, cinemas and other commercial...
The Cambodian government has implemented a pension scheme that includes the four types of pensions provided under the Social Security Law of 2019, namely pensions for old-age, invalidity, survivors and funerary allowances. Before this issuance, only occupational risks and healthcare...
Indian law firm Shardul Amarchand Mangaldas & Co (SAM) advised food and beverage company Tata Consumer Products in its recent ₹1.56 billion (US$21.3 million) acquisition of cereal producer Kottaram Agro Foods. Trilegal advised Kottaram Agro Foods. SAM’s team comprised partners...
Shin & Kim has recruited four former judges into partnerships, namely Lee Won (former judge of the Seoul Northern District Court), Choi Chul Min (former judge of the Ansan Branch of the Suwon District Court), Yoon Jootag (former judge...
New DWF association

New DWF association

After closing its Singapore office last July, UK-listed firm DWF has announced its association with Singapore’s dispute resolution firm Eldan Law, a boutique firm with 17 partners including the founding partners Daniel Koh, Edwin Lee and Lawrence Tan. DWF has...
WongPartnership acted for Jurong Port in Singapore and two other shareholders in the financing obtained to acquire Universal Terminal, an independent petroleum storage asset. Jurong Port acquired a 41% stake in Universal Terminals from insolvent Hin Leong Trading company. The...
Regulating audiovisual works under revised Copyright Law, 新修改后的《著作权法》规定“视听作品”的积极意义, Chen Jianmin, Gaowo Law Firm

Regulating audiovisual works under revised Copyright Law

By Chen Jianmin, Gaowo Law Firm
The newly revised Copyright Law that comes into effect on 1 June 2021 covers a wide range of topics. In particular, the revised Copyright Law changed “films and works created in a manner similar to that of film-making” in...
Can dominant enterprises refuse to deal, Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan

Can dominant enterprises refuse to deal?

By Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan
Abuse of dominance takes many forms. One such form is the refusal to deal. Not every instance of a refusal to deal infringes competition laws. Since competition laws look to preserve and protect competition, there must be a likelihood...
Refund of unutilised input tax credits now the norm, Raghavan Ramabadran and Krithika Jaganathan, Lakshmikumaran & Sridharan

Refund of unutilised input tax credits now the norm

By Raghavan Ramabadran and Krithika Jaganathan, Lakshmikumaran & Sridharan
The Finance Act, 2021, amended section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST act). This second article examines the amended section 16(3) and section 16(4) by way of which a refund of unutilised input tax...
Ashurst represented property developer Far East Consortium International on its subscription to HK$129.5 million (US$16.7 million) convertible bonds issued by Apex Centric, a wholly owned subsidiary of Hong Kong-listed beauty and lifestyle products retailer Bonjour. The five-year bonds are convertible...
Fangda Partners advised the Asian Development Bank (ADB) in raising RMB2 billion (US$307 million) from its first panda bond issue in more than a decade on China’s interbank bond market on 10 March. This bond also represented ADB’s largest borrowing...
Skadden advised Meituan, China’s leading e-commerce platform for services, in its offering of US$3 billion of zero-coupon convertible bonds in two tranches, one due in 2027 and another in 2028, and in its concurrent top-up placement of 187 million...

Call to action

What lawyers are doing to provide covid relief – and how you can help As India reels under a devastating second wave of covid-19, lawyers at domestic and international law firms are coming together to organise and support relief projects...
China Business Law Awards 2022 China Business Law Awards 2020 China Business Law Awards 2019 China Business Law Awards 2017-18 China Business Law Journal’s editorial team reveals the law firms that shone in 2020 Let’s turn the clock back to the beginning of last...
Can the Startup India Seed Fund Scheme be a game-changer

Can the Startup India Seed Fund Scheme be a game-changer?

By Dipti Lavya Swain and Tanvi Tekriwal, HSA Advocates
The Startup India Seed Fund Scheme gives an impetus to the seed funding initiative of the government. The policy and guidelines were released after the scheme was announced in January 2021. The government has allocated ₹9.25 billion (US$125 million)...
Revised regulations on due diligence for listed debentures, Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal

Revised regulations on due diligence for listed debentures

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
In November 2020, the Securities and Exchange Board of India (SEBI) issued a circular on due diligence to be carried out by debenture trustees on security for listed debentures. The circular prescribed additional obligations and compliance requirements for trustees...
Shearman & Sterling advised Toyota Motor in connection with its first US-dollar sustainability bond offering, consisting of US$1.25 billion 0.681% senior notes due 2024, US$1 billion 1.339% senior notes due 2026, and US$500 million 2.362% senior notes due 2031. The...
Baker McKenzie advised Japanese game publisher and IT equipment maker Sun Corp on listing its Israeli subsidiary, Cellebrite, through a Nasdaq-listed special purpose acquisition company (SPAC), TWC Tech Holdings. Cellebrite is a digital forensics company that makes data collection, analysis,...
Role Banking & Finance Associate International Law Firm Hong Kong 2-4 years Location Hong Kong Job Description An international law firm seeks a mid-level banking lawyer to join its Hong Kong office. The ideal candidate will have gained solid general banking & finance experience...
Sale of genuine products can also infringe trademarks, 销售正品也可能侵权, Wang Yaxi and Wu Yue, Yuanhe Partners

Sale of genuine products can also infringe trademarks

By Wang Yaxi and Wu Yue, Yuanhe Partners 
Global brands generally enter the Chinese market by physical stores in two main ways. One is a brand flagship store or franchise store, and the other is a brand t store offering several products at the same time. Apart...
China Business Law Journal

What makes you tick?

What makes a successful law firm? Or a winning in-house counsel? The legal profession enlists the country’s brightest minds and, by its nature, often engages these minds in intense competition not seen in many other professions. This issue, we...
Top seven must-have skills for the next generation of GCs “We are more like outfield playersin football than goalkeepers,” says Zhou Qi, general manager of the co-operation and legal affairs department at SAIC Motor Corporation, when describing the changing role...
Yoon & Yang has hired two former presiding judges and a former chief prosecutor as new partners to bolster its litigation and criminal defence practice in Seoul.  Lee Su Yeol, a former presiding judge at the Seongnam branch of the...
Squire Patton Boggs in Australia has hired construction partner Brent Henderson in its Sydney office. He joined from DWF, where he was a principal lawyer in Sydney for more than two years. Henderson is experienced construction and infrastructure projects, advising...
Role Litigation Associate (5-7 PQE) - 16445/VTA Location Hong Kong, China Job Description A full-service offshore law firm is looking for an aspiring Commercial Litigation Associate to join their expanding and busy team in Hong Kong. This is an opportunity to undertake a wide...
Role Commercial Paralegal/Junior Lawyer (3+ PQE) - 16389/VTA Location Singapore Job Description A promising Singaporean digital infrastructure platform with a large footprint in Asia is looking for a junior lawyer or an experienced paralegal to support their growing global legal team. Working closely with...
The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties to opt for foreign-seated arbitrations. The...
Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India. This is the likely fallout of Delhi...
Linklaters has appointed Hong Kong-based capital markets partner William Liu as its new regional managing partner, Asia, for a four-year period from 1 June 2021.  Liu succeeds banking partner Nathalie Hobbs in Hong Kong, who has completed her term.  Liu joined...
Malaysian boutique firm LAW Partnership has hired corporate lawyer Raphael Tay as head of corporate and commercial in Kuala Lumpur.  Tay joined from a full-service Malaysian firm, Lee Hishammuddin Allen & Gledhill, where he was a partner for more than...
King & Wood Mallesons (KWM) has hired dispute resolution lawyer Amanda Lees as a partner in its Singapore office. She joined from Simmons & Simmons in Singapore, where she was a partner for almost three years. Lees specialises in cross-border...
As India continues to struggle with a devastating second wave of covid-19, four lawyers from two prominent law firms have joined hands to help. Vaibhav Kakkar and Akshay Jain from L&L Partners, and Karan Chandhiok and Pooja Mahajan from Chandhiok...
As India continues to struggle with a devastating second wave of covid-19, four lawyers from two prominent law firms have joined hands to help. Vaibhav Kakkar and Akshay Jain from L&L Partners, and Karan Chandhiok and Pooja Mahajan from Chandhiok...
New jurisdictional regulations for cross-border financial disputes, 简评跨境金融纠纷管辖新规, Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

New jurisdictional regulations for cross-border financial disputes

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng
The Supreme People’s Court (SPC) has released the Regulations on the Jurisdiction of Beijing Financial Court over Cases (Beijing regulations), and subsequently revised the Regulations on the Jurisdiction of Shanghai Financial Court over Cases (Shanghai regulations, together with Beijing...
Gibson Dunn & Crutcher has hired a financial services regulatory team from Herbert Smith Freehills led by partner William Hallatt and comprising associates Emily Rumble, Becky Chung and Arnold Pun, all of whom are based in Hong Kong. Hallatt has...
DLA Piper has hired a dispute resolution partner Maurice Burke in Singapore as the head of investigations for Asia.  Burke joins from Hogan Lovells in Singapore, where he was a partner since 2014 and led the firm’s regional disputes practice.  Burke...
Full-service Malaysian firm Christopher & Lee Ong has hired Chua See Hua as a partner and co-head of the restructuring and insolvency practice in Kuala Lumpur.  Chua joined with an associate from her boutique firm, Chua Associates, which she founded...
Crypto regulation in Singapore and Thailand, Kay yong, JTJB (Singapore); Bunnasomboon Chaiparinya and Yukgrit Kantamanee, JTJB International Lawyers (Thailand)

Crypto regulation in Singapore and Thailand

By Kay yong, JTJB (Singapore); Bunnasomboon Chaiparinya and Yukgrit Kantamanee, JTJB International Lawyers (Thailand)
In recent years, Singapore has become a global hub for cryptocurrencies, and Thailand is not far behind. Here the authors spell out the latest regulatory developments in both countries. Singapore The Monetary Authority of Singapore (MAS) has implemented legislation to regulate...
Employee’s right to receive or refuse vaccine, Clarence Darrow C Valdecantos, ACCRALAW

Employee’s right to receive or refuse vaccine

By Clarence Darrow C Valdecantos, ACCRALAW
Metro Manila marked the first anniversary of its covid-19 quarantine on 15 March. And now, the national capital region and other nearby provinces (the NCR Plus) have been placed anew under modified enhanced community quarantine (MECQ) after being in...
Insurance lawyer Rosie Ng has joined Clyde & Co as a partner in the firm’s global insurance group in Hong Kong.  She joins from Holman Fenwick Willan in Hong Kong, where she was a consultant for almost five years advising...
UK-listed firm DWF announced the closure of its offices in Melbourne, Sydney and Newcastle, but retained its Brisbane office to focus on institutional clients and insurance.  The closures means 14 principal partners lose their jobs, but the firm will retain...
Role Senior Employment Lawyer (6+ PQE) - 16433/VTA Location Shanghai, China Job Description We are working with a firm ranked internationally for employment law that is seeking a senior employment lawyer to join their dynamic team based in Shanghai. The role will involve working...
Role Professional Support Lawyer (6+ PQE) - 16441/VTA Location Shanghai, China Job Description This Magic Circle law firm, known for its innovative and market-leading approach to knowledge management, is now looking to recruit a senior-level Corporate Professional Support Lawyer to join them. The role...
Role FCPA / Compliance Legal Consultant Beijing 1-4 Years Location Beijing Job Description A top US law firm is actively hiring a FCPA / compliance legal consultant to join its Beijing office. The role will offer a mix of exposure including FCPA / anti-corruption,...
India issues guidelines for digital media ads of influencers, Pravin Anand and Ashutosh Upadhyaya, Anand and Anand

India issues guidelines for digital media ads of influencers

By Pravin Anand and Ashutosh Upadhyaya, Anand and Anand
The Advertising Standards Council of India (ASCI) came out with guidelines for influencers advertising on digital media in February, which came into effect on 15 April. The intention is to differentiate between content-based videos and promotional videos made by...
Exploring the practice of intellectual property securitisation, 关于知识产权证券化实践的几点思考, Xiao Qun, Hylands and Xu Junhua, China Overseas Holding Group

Exploring the practice of intellectual property securitisation

By Xiao Qun, Hylands and Xu Junhua, China Overseas Holding Group
In recent years, the exploration of the practice of intellectual property (IP) securitisation has frequently recurred. In January 2021, the Futian District – Ping An Securities – High Tech Investment Intellectual Property No. 2 Dedicated Asset-Backed Plan, valued at...
Financing a Cayman Islands merger take-private, Peter Vas, Loeb Smith Attorneys

Financing a Cayman Islands merger take-private

By Peter Vas, Loeb Smith Attorneys
A privatisation by way of a Cayman Islands statutory merger is effected by merging two constituent companies – namely, a newly incorporated Cayman Islands company (merger sub) and the relevant listed Cayman Islands company (target). Upon the merger becoming...
China’s new Patent Law introduces open licence scheme, Qi Yongqiang, Partner and patent attorney, Corner Stone & Partners

China’s new Patent Law introduces open licence scheme

By Qi Yongqiang, Corner Stone & Partners
A patent right is an exclusive right that no one may exploit without consent from the patentee. However, most patentees do not just want to monopolise their patented technologies, but hope to license their patents for profit from exploitation...
Role Disputes Lawyer UK Firm Hong Kong NQ - 5PQE Location Hong Kong Job Description A well-known UK firm is seeking a commercial disputes lawyer to join its office in Hong Kong. Candidates must have relevant litigation experience at a leading practice. Chinese language...
Examining the Patent Law’s fourth amendment, 专利法第四次修改解读, Cui Chengzhe, Sanyou Intellectual Property Agencyvideo

Examining the Patent Law’s fourth amendment

By Cui Chengzhe, Sanyou Intellectual Property Agency
The Decision on Amending the Patent Law was deliberated on and adopted at the 22nd Session of the Standing Committee of the 13th National People’s Congress, and the amended Patent Law will be officially implemented on 1 June 2021. The...
Considerations for adjusting JV governance structures, 中外合资经营企业根据《公司法》调整治理结构时的注意事项, Jin Rihua, AnJie Law Firm

Considerations for adjusting JV governance structures

By Jin Rihua, AnJie Law Firm
According to the Foreign Investment Law and its implementing regulations, Chinese-foreign equity joint ventures (JVs) established before 1 January 2020 under the Law on Chinese-Foreign Equity Joint Ventures (the old law) and its implementing regulations are now required to...
Veritas Legal advised Aegis Logistics, Aegis Gas (LPG) and Hindustan Aegis LPG in Itochu Petroleum’s INR693 million (USD9.4 million) acquisition of a 5.3% stake in Hindustan Aegis LPG. Khaitan & Co advised Itochu Petroleum, a Singapore subsidiary of Japan’s Itochu...
Delhi High Court has granted the country’s first anti-anti-suit injunction in favour of US technology giant InterDigital and against Chinese multinational Xiaomi. The court on 3 May directed Xiaomi to indemnify InterDigital against any penalty imposed by the Wuhan Immediate...
The verification of ‘three types of shareholders’ in IPOs, 谈IPO中“三类股东”核查, Fang Xiaozhong, Grandway Law Offices

The verification of ‘three types of shareholders’ in IPOs

By Fang Xiaozhong, Grandway Law Offices
The term, “three types of shareholders” refers to financial products such as contractual-type private equity funds, asset management plans, and trust plans, usually excluding partnership funds or corporate private equity funds. In June 2020, the China Securities Regulatory Commission...
IP protection strategies in a new legal environment, 新形势下的知识产权保护策略, Frank Liu, Pacific Legal

IP protection strategies in a new legal environment

By Frank Liu, Shanghai Pacific Legal
It is clear that the protection of intellectual property (IP) in China is gathering strength. In addition to the IP provisions in the Civil Code, which was implemented on 1 January 2021, the Interpretations of the Supreme People’s Court...
Role Senior/Compliance Advisor - 16427/VTA Location Hong Kong, China Job Description We are delighted to be working with a digital financial services MNC. They are seeking an experienced financial compliance professional with good technical skills to join their legal team based in Hong Kong....
Role Senior Legal Counsel (8-12 PQE) - 16392/VTA Location Bangkok, Thailand Job Description A global leading food and beverage brand with a strong presence in the ASEAN market is seeking an additional lawyer to support their daily business activities and manage a range of...
The Supreme Court, in a judgment dated 19 March 2021, in Govt of Mahrashtra v M/s Borse Brothers Engineers and Contractors Pvt Ltd, held that the application of section 5 of the Limitation Act is not excluded by the...
The former vice president and general counsel of global consumer electronics company HTC Corporation, Marcus Woo, has rejoined Perkins Coie in New York as a partner in the firm’s intellectual property (IP) practice. He will be reassigned to the...
Maples Group has announced new leaderships for its practice groups across the region, including the appointment of Singapore-based partner Michael Gagie as regional managing partner for Asia and head of the Asia finance practice. Maples also expanded the role of...
Google’s director of legal operations, Mary Shen O’Carroll, has departed after 13 years with the technology giant to become the first chief community officer at digital contracting company Ironclad. In her new role, O’Carroll told Asia Business Law Journal that...
A leading industry expert is predicting a bleaker outlook for the insurance sector in Asia. Antony Sassi, the managing partner, Asia at Reynolds Porter Chamberlain, and Hong Kong Insurance Law Association president, said he expected a new landscape with increases...
Southeast Asian ride-hailing company Grab has announced its plan to go public in partnership with a New York-listed special purpose acquisition company (SPAC) controlled by Altimeter Growth. The deal values the company at US$39.6 billion, the largest SPAC merger...
In a recent case, the Supreme Court was hearing a special leave petition against the order of the Madras High Court passed under the provisions of article 227 of the Constitution of India. In the case, Virudhunagar Hindu Nadargal Dharma...
Role Construction / Projects Legal Counsel Environmental Tech Company Hong Kong 7-9 PQE Location Hong Kong Job Description A global environmental tech company is looking to bring a mid-senior construction / infrastructure lawyer onto their team in Hong Kong. This position will report into...
Role Senior to Partner Level US Securities Lawyer Hong Kong 8PQE+ Location Hong Kong Job Description A well-known regional platform is looking to hire a senior to partner level US securities lawyer to support its business in Hong Kong. It is a great opportunity...
Role Junior to Mid-level Corporate Associate Shanghai 1-4 PQE Location Shanghai Job Description An international law firm is urgently looking to hire a junior to middle level corporate associate in its Shanghai office. The role will provide a mix of HK IPO and other...
Role Corporate Funds Lawyer US Law Firm Singapore 2-6 PQE Location Singapore Job Description A top tier US law firm is looking for a junior to mid-level corporate funds associate to join their Singapore office. This firm has one of the strongest presences globally...
Role Capital Markets Associate US law firm Singapore 2-4 PQE Location Singapore Job Description This leading US law firm is looking to hire a capital markets associate. Ideally the candidates will have a mix of capital markets experience at a U.S or international firm,...
RBI restricts investments in NBFC from FATF non-compliant countries, Anshuman Mozumdar and Anirudh Gotety, L&L Partners

RBI restricts investments in NBFC from FATF non-compliant countries

By Anshuman Mozumdar and Anirudh Gotety, L&L Partners
The Reserve Bank of India (RBI) issued a notification on 12 February 2021 further restricting investments in non-banking financial companies (NBFC) from jurisdictions, which are on the Financial Action Task Force’s (FATF) black list (high risk jurisdictions) or grey...
Eminent lawyer and former attorney general of India, Soli Sorabjee, died of covid-19-related complications at the age of 91 in New Delhi on 30 April 2021. Mr Sorabjee was seen by his peers as one of the finest jurists...
Khaitan & Co advised Gleneagles Development, a subsidiary of Malaysia’s IHH Healthcare, when it recently exited its joint venture with Apollo Hospitals Enterprises (AHEL) in Apollo Gleneagles Hospitals in Kolkata. AHEL was advised by Shardul Amarchand Mangaldas & Co. The...
Talwar Thakore & Associates and Milbank advised Delhi International Airport (DIAL) in its recent US$450 million green bond issue, which adopted a structure that has been used only twice before by Indian companies, most recently by ReNew Power in...
Public trust and confidence in a legal system rely heavily on the judicial system and, in particular, on the way in which judges conduct themselves, both inside and outside the courts. This column discusses the concept of judicial impartiality...
Exploring the reality, foreseeing the future of criminal compliance, 刑事合规的现实探索与未来预见, Kevin Dong, AllBright Law Offices

Exploring the reality, foreseeing the future of criminal compliance

By Kevin Dong, AllBright Law Offices
This past year, 2020, could be called “the first year of China’s corporate criminal compliance practice”. After years of accumulated experience, the practical exploration of criminal compliance for Chinese enterprises has expanded greatly in the past year, like a...
General Counsels’ Association of India tipped as a game changer Senior general counsel of Indian companies gathered on 5 March in Gurugram to launch the General Counsels’ Association of India (GCAI).  Among the prominent legal figures present were: Sanjeev Gemawat, executive...
The Association of Corporate Counsel (ACC) Asia-Pacific will conduct its virtual annual meeting under the theme of transforming the modern law department. The 2021 Virtual ACC Xchange takes place on 16-17 June. In partnership with ACC’s law department management network...
The Singapore Corporate Counsel Association (SCCA) is holding its in-house counsel competition for law students, the SCCA Legal Eagle Challenge, again this year following last year’s inaugural success.  Last year saw more than 160 participants from five schools, and participants...
Amit Karkhanis, the co-founding partner of Kay Legal & Associates, resigned from the firm in April. Karkhanis left to start his own independent practice, and hands over the reins to co-founder Shivani Shah and managing partner Abhijit Ranjan. “We started the...
Association of Corporate Counsel (ACC) Hong Kong members now have improved access to the ACC’s global resources and thought leadership following the Corporate Counsel Now electronic newsletter launch. The weekly newsletter will feature a range of content relating to...
Role Restructuring Associate (3-6 PQE) - 16423/VTA Location Hong Kong, China Job Description Our client is a leading restructuring practice that prides themselves on their global presence, reputation and high-end client base. They are seeking a mid-level M&A associate to join their Hong Kong...
Role Senior Fund Formation Associate - 16421/VTA Location Hong Kong, China Job Description Our client is a global fund formation leader, working with fund sponsors and investors internationally. They are looking for a Senior Fund Formation Associate to join their market-leading practice in Hong...
Role Litigation Counsel Regulator Hong Kong 2-8 Years Location Hong Kong Job Description Excellent in-house opportunity for a junior to mid-level litigator with experience in general commercial or financial services litigation. Strong analytical skills and ability to understand complex issues are required. Fluent written...
Role Litigation Lawyer (Disputes / Restructuring / Insolvency) Offshore Law Firm Hong Kong 4PQE Location Hong Kong Job Description An offshore law firm is looking to expand its dispute resolution practice in Hong Kong by adding a mid-level litigator to its team. This role...
Role IPO and M&A Lawyer Well-regarded Law Firm Hong Kong 3-6 PQE Job Description A well-regarded law firm is looking for a mid-level associate to join its corporate team. You will have the opportunity to work on an interesting mix of corporate...
Role Litigation Lawyer Magic Circle Firm Hong Kong 1- 3 PQE Location Hong Kong Job Description Leading Magic Circle firm are looking to hire a junior litigator for their litigation team. Candidates must have at least 1 PQE gained from an international firm, be...
The claimant is a Chinese trade company selling medical devices. The respondent is a medical device provider registered in the Shanghai Pilot Free Trade Zone, and a subsidiary of a group company with headquarters in the US. The parties...
Share exchange mergers and the legality of cash options, 换股吸收合并与现金选择权的规范基础

Share exchange mergers and the legality of cash options 

By Wang Xiaoxin, BAC/BIAC
The commercial structure of merger by share exchange is defined as that the merger company exchanging the shares of the target company for the shares held by shareholders of the target company by issuing new shares as consideration by...
Sanjit Kaur Batra has become regional legal director for greater Asia at International Flavors & Fragrances (IFF) in Gurugram, after its merger with DuPont’s nutrition and biosciences business as part of a global US$26.2 billion deal. Batra personally worked on...
IndusLaw advised pharma-tech startup Pharmarack Technologies when ABCD Technologies acquired a 91.8% stake in it for ₹1.1 billion (US$14.8 million). Shareholders in Pharmarack Technologies included the venture capital fund IvyCap Ventures, which used its in-house legal team for the deal....
Compliance and crisis in couple-owned companies, 夫妻档企业的治理合规与婚姻危机管理, Chen Fengxia and Cao Yan, DOCVIT Law Firm

Compliance and marital crisis management in couple-owned companies

By Chen Fengxia and Cao Yan, DOCVIT Law Firm 
The China Stock Market & Accounting Research data of actual controllers of listed private enterprises from 2003 to 2015 found that, after excluding financial sector companies and delisted and special treatment companies, there were 178 listed “husband-wife owned” companies...
Wresting back a pirated trademark, 如何“夺回”被抢注的商标, Frank Liu, Fusion Strength Intellectual Property Agency

Wresting back a pirated trademark

By Frank Liu, Shanghai Pacific Legal
In practice, there are many brand rights holders (brand owners) using trademarks in China that they have never registered there because they are either engaging solely in original equipment manufacturing (OEM) or engaging in commercial activities for many years...
Chinese investors’ adaptation under Mexican Energy Industry Law, 墨西哥电力行业法下中国投资者何去何从, Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

Chinese investors’ adaptation under Mexican Energy Industry Law

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm
Mexico published an amendment to the Energy Industry Law (EIL) on 9 March 2021 to reinforce the dominance of Mexican state-owned companies in the domestic energy market, which increased the uncertainty for foreign and private-owned companies to invest in...
Role Technology / M&A Associate U.S Firm Hong Kong 4-8 PQE Location Hong Kong Job Description A top tier U.S firm is looking to add an M&A lawyer to its team with a focus in technology transactions. Candidates must have strong experience in dealing...
Haigreve Khaitan, the senior partner of Khaitan & Co, talks to India Business Law Journal about how his firm has been tackling the ongoing pandemic, its impact on deal values and his views on instituting long-term flexible working arrangements.  Q:...
Algo Legal has launched employee stock ownership plan (ESOP) subscription services for companies to receive guidance on how to structure and implement plans for employees, along with a dedicated portal. The firm has worked with companies such as Insider, Zilingo...
A five-partner team from AZB & Partners advised non-banking financial company Dewan Housing Finance Corporation, and the administrator overseeing its insolvency resolution process, when the committee of creditors approved a `342.5 billion (US$4.6 billion) bid from Piramal Capital and...
Cyril Amarchand Mangaldas advised Adani Ports and Special Economic Zone when it acquired a 58.1% stake in Gangavaram Port from the promoters, DVS Raju and family, for ₹36.04 billion (US$497 million) in a deal signed on 23 March. Khaitan &...
ALMT Legal advised beauty products retailer MyGlamm on its recent ₹1.41 billion (US$19 million) series C equity fundraise led by Ascent Capital, Amazon and Wipro Consumer. K Law (Krishnamurthy & Co) represented Ascent Capital, which, along with other investors, acquired...
Conditions for holding shareholders liable for a company’s debts, 追究股东承担公司债务清偿责任的条件, Yan Lantao and Zhu Nandi, Tiantai Law Firm

Conditions for holding shareholders liable for a company’s debts

By Yan Lantao and Zhu Nandi, Tiantai Law Firm 
Under Chinese law, a company is an independent legal person, enjoying property independently and bearing debts independently. The existence of the company system separates the property of the company from that of the shareholders. Therefore, after a company’s debt...
As new Patent Law looms, how are partial designs shaping the debate on infringement, 局部外观设计对于保护范围和侵权判断的影响, Chen Yuxuan and Li Mingtao, Yuanhe Partners

As Patent Law looms, how are partial designs shaping the debate on infringement

By Chen Yuxuan and Li Mingtao, Yuanhe Partners
The new Patent Law, which will come into force on 1 June 2021, provides new regulations on the term of design rights, content of those rights, and priority. The new law can be seen as legal preparations made during...
Jiangsu on song, 江苏正风发video

Jiangsu on song

A top economic performer among the provinces, Jiangsu is playing the right notes in eastern China's legal market with the establishment of a third circuit court and other specialised tribunals. Sha Miao reports As an integral part of the Yangtze...
Manjunath C has joined two-wheeler electric vehicle (EV) startup Ather Energy as its assistant general counsel in Bengaluru, and it may just have been a test spin on its new bike that sealed the deal for him.  He joins from...
Dear Friends, We are all devastated by the terrible distress and hardship unfolding on the streets of India. The current wave of covid-19 has reached a crisis point. Hospitals have run out of oxygen and life-saving medicines, and in many...
Hot on the heels of Indian firm Cyril Amarchand Mangaldas (CAM) opening an office in Singapore, another large firm, Khaitan & Co, has followed suit.  The law firm said the move had been in the works for some time. “Our...
How to implement preferred shares in LLCs, 如何在有限责任公司内实施“优先股”, 侯榆, 合伙人, 广信君达律师事务所

How to implement preferred shares in LLCs

By Hou Yu, ETR Law Firm
Based on article 132 of the 2005 Company Law, which stipulates that: “The State Council may make separate regulations on the issuance of other types of shares than those provided for in this law by companies”, the State Council...

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