Hong Kong Time

There is no fee to attend this network call/legal quick hit; however, registration is required.

Overview:

• A few of the topics that will be discussed are as follows:
• Challenges due to the Covid-19 Pandemic
• Employment Challenges
• Negotiation Challenges
• Cultural Challenges

Speakers:

Caroline Berube
Caroline is the Managing Partner of HJM Asia Law & Co. LLC. Based in Asia for over 20 years she has represented international corporate clients and banks in asset financing and M&A cross-border transactions in the Asia-Pacific Region. Caroline spent a majority of that time in China and Singapore, focusing on corporate law and commercial practice, an area in which she has built a respected expertise and understanding of the challenges and advantages of most Asian jurisdictions. She advises many European, Asian and North American clients on their legal structure, IP, HR and investments issues in various industries, ranging from manufacturing, technology, entertainment, agriculture, energy and services. Caroline graduated from McGill University with a BCL and LL.B degree and completed her studies at the National University of Singapore with a focus on Chinese law in 1998. Caroline is an arbitrator approved by the Chinese European Arbitration Center (CEAC) and a foreign arbitrator appointed by the China International Economic and Trade Arbitration Commission (CIETAC).

Caroline has been featured in numerous magazines and newspapers, including Bloomberg, the Straits Times, the Business Times, Les Affaires and Coopérative d’achats stratégiques région de Montréal (Coop. CASI). Caroline is a regular speaker at many international conferences and has been a lecturer at Universite Laval (Canada) since 2010, where she teaches a 45-hour course on Chinese Law (www.fd.ulaval.ca) and has taught a week’s lecture series at the Sorbonne Assas Law School (www.sorbonne-assas-ils.org) on legal corporate structures, M&A and restructuring deals, IP, HR and tax in Asia. Caroline selected as a Young Global Leader under 40 for the World Economic Forum in 2015.

Li-Pu Lee
Fields of Expertise:
Litigation, Arbitration, Corporate Mergers & Acquisitions, Construction Law, Domestic and Foreign Investments, Banking, Securities, Finance, Insurance, Real Estate, Tax Planning, International Trade, Transportation

Education:
J.D. from Washington University in St. Louis (U.S.A.)
LL.M. from Washington University in St. Louis (U.S.A.)
LL.B. from Tunghai University (Taiwan)

Awards, Honors, and Publications:
Leading Lawyer, Asialaw
Highly Regarded, International Financial Law Review (IFLR)

Experience:
Director, Keelung Bar Association
Researcher, “Amendment to Bankruptcy Law” commissioned by the Bank Association of the Republic of China
Researcher, “A Study on the Models of MMA for Financial Institutes (including Financial Holding Companies)” commissioned by the Bureau of Monetary Affairs, Financial Supervisory Commission
Researcher, “The Review of Business Mergers and Acquisitions Act Project” commissioned by the Ministry of Economic Affairs
Adjunct Assistant Professor, National Open University (Property Law)
Adjunct Assistant Professor, Chungyu Institute of Technology (Legal English)
Lecturer, the Chinese Land Professional Training Center
Adjunct Assistant Professor, Ming Chuan University (Business Mergers and Acquisitions Act)
Admissions and Qualifications:
New York Bar (U.S.A.)
Taiwan Bar
Arbitrator, Chinese Arbitration Association, Taipei

Languages:
Mandarin, Taiwanese, English

Daniel Joseph Morris
Daniel has extensive experience in building and construction, restitution claims. He has appeared as counsel in many civil, criminal and regulatory Magistrates Court and State Administrative Tribunal Hearings.

In 2004 he joined the Commonwealth Director of Public Prosecutions where he worked closely with the state and commonwealth law enforcement agencies.

In addition to this Daniel is also the chairman of the Football West Disciplinary and Grievance Tribunal and a judge in the School Mock Trial competitions. He is also an active member of the Civil Contractors Federation and the Master Builders Association.

Michael Szeto

Michael Szeto is a litigation partner of ONC Lawyers and heads the firm’s Employment practice. Prior to joining the firm, he had practised with various prominent law firms in Hong Kong. He has many years of experience in handling complex commercial dispute resolution, shareholders’ and joint venture disputes, bankruptcy and insolvency matters, debt recovery and mortgagee actions. He also routinely deals with regulatory actions and compliance matters under the Securities and Futures Ordinance, the Hong Kong listing rules and anti-money laundering laws and guidelines.

On the employment side, Michael often advises on various contentious and non-contentious employment matters, covering contract reviews, termination disputes, injunctive relief, discrimination and harassment claims, data privacy matters, as well as advice on matters relating to team moves, remuneration packages and employee incentive schemes. He is a frequent author of employment articles in industry publications and presenter to legal and human resource professionals.
Michael’s broad clientele includes listed companies, directors, shareholders, local and overseas banks, financial institutions, local and international corporations as well as statutory bodies.

Join the ILAN on LinkedIn!

Please consider joining the Association of Corporate Counsel International Legal Affairs Network LinkedIn Group.

If you have any questions, please contact networks@acc.com. We look forward to connecting with you on the call!

Sponsor

The International Society of Primerus Law Firms is a society of the world's finest independent, small to medium-sized law firms, and a leading resource for in-house counsel worldwide. Our nearly 3,000-member lawyers located in 50 countries and 46 U.S. states provide clients easy access to the right lawyer, with the right skills, in the right location, and at the right cost. 
 
We seek out, accept and retain only the best firms for membership. Each firm is screened to ensure its commitment to excellence as embodied in the Six Pillars: Integrity, Excellent Work Product, Reasonable Fees, Continuing Legal Education, Civility and Community Service. After more than 25 years, in which Primerus has experienced tremendous growth in membership and expansion of services, we have never wavered from this commitment, and we never will.

The ACC Hong Kong Board of Directors invites you to the following presentation, hosted by Stephenson Harwood.

Outsourcing of services or functions by an organisation is now a common business strategy. The talk will look at the key legal and practical issues that arise in relation to outsourcing including discussion around the process, the contractual arrangements and the risks involved. We will look at the issues both from a customer and supplier's perspective. In addition, we will briefly look at some specific issues relevant to common areas for outsourcing (such as IT and business processes) as well as multi-jurisdiction outsourcing.

The talk will be relevant not only for lawyers involved in negotiating or reviewing outsourcing arrangements, but also for those interested in learning more about this important business area.

SPEAKER: 

Paul Westover is an experienced expert in all areas of corporate/commercial work with a particular focus on mergers and acquisitions, specifically cross-border, related due diligence, private equity and inward investment into Asia. Paul also specialises in advising on complex commercial agreements in a range of industries, including manufacturing, supply chain, technology, sports and entertainment. Other areas where Paul has solid experience is in fund formation, principally advising managers or general partners and in joint ventures, restructuring and general insolvency advice to corporates and directors. He also advises clients on corporate governance at a domestic and international level. Paul heads the corporate group in Hong Kong.

Venue:  Webinar details will be forwarded upon registration
Date:    Tuesday, 29 September 2020
Time:    1:00 pm - 2:00 pm 
     

CPD points have been applied for. Please note you need to be logged in for the full duration of the webinar to qualify for CPD points.  Unfortunately, points cannot be applied for members who join the webinar via telephone link.

The ACC Hong Kong Board of Directors invites you to the following presentation, jointly delivered by Sidley Austin. 

On 31 August 2020, Hong Kong will introduce a Landmark Limited Partnership Fund (LPF) Regime which will be enacted as the Limited Partnership Ordinance (Cap 367).

A range of important regulatory, licensing, and tax implications will flow from the LPF Regime in Hong Kong. These will have a significant impact on private fund managers who use traditional offshore fund structures, including those domiciled in the Cayman Islands. With the passing of the legislation, this long-anticipated development will fundamentally change the way private funds are structured in Hong Kong.

The LPF Regime will provide a much-needed option for private funds to be established in Hong Kong. The landmark legislation will have far reaching implications for private equity, venture capital, real estate, infrastructure, credit and special situations funds that traditionally use a limited partnership form.

The regulatory reform is a vitally important aspect of the continuing development of Hong Kong as a globally competitive asset and wealth management center. Local and international fund managers are expected to make wide use of the regime with significant interest already evident in the market to adopt the LPF for upcoming fund launches, replacing traditional offshore structures such as the Cayman limited partnership.

Why use an LPF?

• What are benefits of an onshore vehicle over traditional offshore alternatives?
• Why move onshore?

How to establish an LPF?

• Legal structure
• Registration and timeline
• Audit, administration, custody and ongoing compliance

What are the tax implications of using an LPF?

• Hong Kong Unified Fund Tax Exemption Regime and its application to the new LPF regime
• Stamp duty and capital duty implications

What types of funds and investments are suited to the LPF?

SPEAKER:

Effie is a member of Sidley’s Executive Committee and a co-leader of the global Investment Funds Group. She focuses on investment fund formation transactions, particularly the development of innovative investment fund structures and financial products, including private equity funds, real estate, infrastructure, credit and hedge fund arrangements. Effie has been recognized as a leading authority in the private fund formation area in Asia for many years by Chambers Asia-Pacific, IFLR 1000, Legal 500 Asia Pacific, AsiaLaw Profiles, and the International Who’s Who of Business Lawyers. Euromoney Legal Media Group, 100 Women in Finance and IFLR1000 Asia Best Lawyers have each conferred industry leadership awards in recognition of her leadership and achievement in the fund management industry in Asia over many years. She has also been listed by Legal Media Group’s Expert Guides as one of the world’s leading lawyers for investment funds. 

The ACC Hong Kong Board of Directors invites you to the following presentation, hosted by Appleby.

The session will provide an overview of:

• AGM and social distancing restrictions
• Continuous obligation for Cayman/BVI companies after incorporation
• Directors’ retirement rotation for Cayman listed companies
• Economic Substance law
• Electronic signature

SPEAKERS:

Robert Sit is a Senior Associate in Appleby’s Hong Kong office and a member of the corporate department. He practises in the areas of capital markets (specialising in public offerings of equity and debt), formation and maintenance of funds (both open-ended and closed-ended), mergers and acquisitions, joint venture formation and other commercial and corporate law related matters. He advises clients from a wide spectrum of industries, including financial institutes, multi-national banks, asset management companies and private equity companies. Prior to joining Appleby, he practised corporate and commercial law in an international law firm in Hong Kong. Robert was admitted as a solicitor in the High Court of Hong Kong (non-practising), a lawyer in the Supreme Court of Western Australia and as a barrister and solicitor of the High Court of New Zealand (non-practising). He is registered with the Bermuda Bar and is a registered foreign lawyer in Hong Kong. He is also members of the Law Society of New South Wales and the Law Society of Hong Kong

Melissa Chiu is Counsel in Appleby’s Hong Kong office and a member of the corporate and finance department. She has over five years experience practicing the laws of BVI, Cayman and Bermuda. Melissa’s practice covers a wide range of finance matters, including banking finance, private and public bond offerings, structured finance products and fund financing. Her banking practice covers asset finance, acquisition finance, corporate finance including syndicated loans and onshore/offshore loans. Melissa also has extensive experience in debt capital markets, having advised on a number of corporate bonds, convertible bonds and MTN programmes. Melissa’s experience in structured finance includes setting up on-balance sheet and offbalance sheet security backed and guaranteed structured note programmes, various debt securitizations as well as bespoke asset repackages. Prior to joining Appleby, Melissa practised banking and finance law at another offshore law firm, and prior to that she practiced banking and finance in an international law firm in Hong Kong. Melissa is admitted as a solicitor in the Eastern Caribbean Supreme Court to practice BVI law. She is also admitted as a solicitor in England and Wales and in Hong Kong (non-practising).

We are delighted to invite you and a guest to our 

ACC Hong Kong Summer Junk Trip

Join us to catch up with friends and contacts whilst enjoying an informal BBQ and drinks on board.

Thursday, 22 October 2020
6:45 pm – 10:30 pm

Junk will depart from and return to Pier 9, Central

Spaces are limited so please respond early to avoid disappointment.

We look forward to seeing you there!

ACC Hong Kong thanks our sponsor:
 

The ACC Hong Kong Board of Directors invites you to the following presentation, hosted by Ropes & Gray.

Featuring Geoffrey Atkins and Andrew Dale, Litigation & Enforcement partners of Ropes & Gray, this webinar will focus on:

• How the COVID-19 pandemic has changed the way companies approach compliance and legal risk in the Asia region
• Prioritizing where to devote resources in light of the pandemic
• The enforcement and regulatory landscape
• Their experience dealing with such issues for clients

In-house teams continue to face existing and new challenges during the COVID-19 crisis. You will learn about the latest developments of compliance that help mitigate and prioritize legal risks for your businesses.

SPEAKERS: 

Geoffrey Atkins is a partner in the litigation and enforcement practice group at Ropes & Gray in Hong Kong. Geoff advises public companies, fund sponsors, and financial services clients in the United States and throughout Asia in connection with civil and criminal government enforcement matters before the SEC, DOJ, and other state and foreign regulators, and in connection with complex securities and commercial disputes. In addition, Geoff regularly advises corporate management and directors conducting internal investigations, evaluating sensitive governance issues, and establishing regulatory compliance programs.

Andrew Dale is a partner in Ropes & Gray’s Hong Kong office and a member of the firm’s litigation and enforcement practice. He has almost 20 years’ experience in Asia, representing U.S.-based and international corporations in arbitration, compliance matters, corporate investigations and litigation. Andrew combines the perspectives of a seasoned litigator and an experienced investigations attorney to identify and mitigate potential corruption-related and other compliance issues. He looks to take an innovative approach to his matters, leveraging technology, applying behavioral sciences research and striving to find creative solutions.

The ACC Hong Kong Board of Directors invites you to the following presentation, hosted by Davis Polk.

Our lawyers will discuss key aspects and potential legal implications of the HKSAR National Security Law (NSL) and U.S. government responses, for businesses operating in Hong Kong.

Topics include:

• An overview of the NSL, its legislative background, its oversight and investigative organs, and procedural requirements
• A discussion of the substantive offences under the NSL, its jurisdictional reach and possible penalties
• A recap of current US-Hong Kong relations, including Hong Kong’s special trade status under US law
• US sanctions update and the implications for Hong Kong and PRC entities and individuals.
• A discussion of further risks of US-China decoupling

SPEAKERS:

Mr. Rogers is a partner in Davis Polk’s Litigation Department, based in Hong Kong. He is regarded as one of Asia’s leading litigation and financial services regulatory lawyers, with nearly 30 years’ experience in Asia. His practice includes complex litigation, dispute resolution, regulatory, white collar crime and fintech/regtech matters, with extensive experience advising leading corporates, the financial services industry and government bodies. Mr. Rogers has a strong relationship with the regulators in Hong Kong and substantial experience with securities and banking regulators in China, India, Japan, Korea and Singapore. Mr. Rogers is consistently recognized as a leading lawyer by the foremost legal directories, including Chambers Asia-Pacific, IFLR1000 and Asia Pacific Legal 500.

Mr. Lin is a partner in Davis Polk’s Corporate Department, resident in Hong Kong. His practice focuses on public and private corporate finance transactions, including initial public offerings, convertible and high-yield debt offerings and private equity investments, and mergers and acquisitions. Mr. Lin has worked on some of the most significant capital markets transactions in Asia, including with companies from the technology, media, Internet, healthcare, banking, natural resources, real estate, financial services, energy/oil and gas and other sectors. Mr. Lin is recognized as one of the leading capital markets lawyers in Hong Kong/China by top tier international legal directories and surveys, including Chambers and IFLR1000.

Mr. Friedman is an associate in Davis Polk’s Litigation Department, resident in Hong Kong. His practice focuses on global enforcement and litigation matters, including criminal and civil investigations and regulatory enforcement actions by authorities in the U.S., Hong Kong, and across Asia. Mr. Friedman also has extensive civil litigation experience in the U.S. courts representing clients in securities and complex commercial litigation.

Ms. Zheng is an associate in Davis Polk's Litigation Department, currently practicing as a Registered Foreign Lawyer in Hong Kong. Her practice focuses on regulatory and internal investigations of alleged FCPA violations and breaches of securities, anti-money laundering and sanctions laws. She also advises Fintech firms in relation to regulatory compliance. Before joining Davis Polk in 2014, she spent two years in the Office of Legal Affairs at the United Nations Headquarters and four years at the International Court of Justice in The Hague working on inter-State disputes on various international law subjects.

The ACC Hong Kong Board of Directors invites you to the following presentation, jointly delivered by Baker McKenzie.

As corporates go digital under the impact of COVID-19, the need to safeguard and strengthen cybersecurity has never been greater. Furthermore, the number of cyber fraud cases has surged with the slowdown in economic activity globally. From supply scams related to bulk purchases of personal protective equipment, to business email hacking incidents targeted at companies across sectors most susceptible to supply chain disruption – fraudsters demonstrate a high level of technical and economic sophistication as they exploit the fear and uncertainty created by the pandemic.

The webinar will assist corporates and in-house counsel in identifying, managing and navigating cyber fraud risks (including financial loss, identity theft, and personal data breach/leakage), limiting and curbing such exposures and responding effectively in the event of cyber fraud.

Our webinar directly addresses these issues and will cover:

1. Overview of development of privacy/breach reporting requirements across Asia Pacific

2. Potential cybersecurity and cyber fraud risks (internet scams, email phishing, etc.) arising from COVID-19 and major implications in Hong Kong and China

3. Panel discussion on insights and practical tips

• Strengthening cybersecurity - What to look out for
• What to do in the event of a data breach
• Mitigating cyber fraud risks - How to maximize the prospect of recovery

SPEAKERS:

Paolo Sbuttoni, Partner, Data privacy/Cybersecurity, Hong Kong

Paolo is a technology and data privacy lawyer based in Hong Kong. He advises clients in a broad range of sectors on data privacy / cybersecurity, IT contracts and outsourcing, communications, e-commerce, internet regulatory issues, general commercial agreements and consumer protection. He has extensive experience advising on privacy and data projects, including global compliance projects, handling data security incidents and assisting Asian based clients with the impact of GDPR. He is ranked as a "Next Generation Partner" for TMT in the Legal 500, 2020 for Hong Kong.

Gary Seib, Partner, Dispute Resolution - Cyber fraud Risks and Recovery, Hong Kong

Gary is a commercial disputes specialist with over 34 years’ experience. Gary has extensive experience in the technology and services sectors, and is a relationship partner for a number of Baker McKenzie’s key TMT and transportation industry clients.

Gary is ranked as an Acritas “Star” Lawyer, an “Eminent Practitioner” and a leading practitioner in his field by top legal directories, including Chambers Asia, Chambers Global, Asia Pacific Legal 500, IFLR 1000, and “PLC Which Lawyer?” He is one of the first lawyers to be granted “Solicitor Advocate” status before the Hong Kong courts and has extensive experience in alternate dispute resolution techniques, particularly in arbitration and mediation.

Simon Hui, Partner, Dispute Resolution, Shanghai

Simon leads Baker McKenzie's Dispute Resolution Group in Shanghai. He is ranked among the leading lawyers for dispute resolution/regulatory and compliance in China by Chambers Asia Pacific, Chambers Global and Legal 500 Asia Pacific.

With more than 22 years of practice experience, Simon has in-depth experience in handling compliance / regulatory matters including anti-bribery/anti-corruption and unfair competition issues. He has conducted complex internal investigations for a large number of multinational companies across a range of industries. He is also a skilled investigator and has experience in dealing with PRC judiciary bodies and regulators such as SPC, SAIC and SAFE.

Gillian Lam, Senior Associate, Dispute Resolution - Cyber fraud Risks and Recovery, Hong Kong

Gillian’s practice focuses on commercial litigation and arbitration in Hong Kong, including general commercial/corporate disputes, commercial fraud and bribery investigations, and contentious employment issues. She has been granted “Solicitor Advocate” status before the Hong Kong courts. She is also a fellow of the Chartered Institute of Arbitrators.

Join Julia Charlton in a FIVE part webinar series focusing on the legal and regulatory requirements for directors of HKEx-listed companies, including when you need to disclose information and when it can remain confidential. Julia will also talk about connected transactions, corporate governance, the Takeovers Code and more!

Join Charltons for an overview of how HKEx-listco directors can remain on top of their regulatory obligations.

About the Course:

The five part webinar series will cover the following topics and participants may enroll in those they wish to attend via the registration page.

For Hong Kong solicitor / trainee solicitor participants there is a maximum of SIX CPD points upon completion of all five parts.

Part I: Directors’ duties and liability for breaching Listing Rule Obligations

Part II: Disclosure requirements on listed companies and directors

Part III: Notifiable transactions

Part IV: Connected transactions

Part V: Corporate Governance Code and the Takeovers Code

The ACC Hong Kong Board of Directors invites you to the following presentation, jointly delivered by the Competition Commission.

           
This webinar will cover major developments in Hong Kong’s competition regime, and provide practical advice to in-house counsel on navigating the ins-and-outs of Competition Ordinance (Cap 619).

The session will address:

What to do and what not to do during a raid by the Commission
The Commission’s revised leniency programme: Type 1 and Type 2 Leniency – the differences and benefits
Cooperating and settling with the Commission and pecuniary penalties in light of the Tribunal’s decision in Commission v W. Hing and Ors.
Various enforcement outcomes from commitments, infringement notices, settlement to contested proceedings before the Competition Tribunal
The Commission’s future enforcement priorities
SPEAKERS:

Mr Samuel Chan Ka-yan, JP

Chairman of the Competition Commission

Mr Samuel Chan has been a member of the Competition Commission since 2016 and was recently appointed Chairman of the Competition Commission in May 2020. He is a practising barrister at Denis Chang’s Chambers, regularly advising and acting in commercial, company, and chancery disputes. He is also a Fellow of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators.

Prior to being appointed as the Chairman of the Competition Commission, Mr Chan served as Vice-Chairman of the Consumer Council. He currently holds a number of public positions, serving as a Non-Executive Director of the Insurance Authority and as Deputy Chairman of the Town Planning Appeal Board.

Mr Brent Snyder

Chief Executive Officer of the Competition Commission  

Mr. Brent Snyder was appointed to the position of Chief Executive Officer of the Competition Commission in September 2017.

Prior to joining the Commission, Mr. Snyder served in the Antitrust Division of the United States Department of Justice from 2003 until 2017, first as a Trial Attorney playing a key role in the Division’s criminal matters, and as Deputy Assistant Attorney General (DAAG) from 2013 until 2017. In his capacity as DAAG, Mr. Snyder headed the criminal enforcement function overseeing enforcement, prosecutions, leniency and other policy work. Mr. Snyder twice received the Attorney General's Award for Distinguished Service and was awarded an Antitrust Division Award of Distinction.

Prior to joining the government, Mr. Snyder practiced law at Paul Hastings in Los Angeles and Perkins Coie in Seattle where he was a Partner.

Abraham Chan

SC, Barrister at Temple Chambers

Mr. Chan is a practising barrister who advises and acts as counsel and advocate in commercial, constitutional and administrative law litigation. His practice extends to regulatory fields with both private and public law elements, including securities, telecommunications, land administration and competition law.

Mr. Chan acted for the Commission (led by Daniel Beard QC) in Commission v W. Hing and Ors, the Tribunal’s first ever decision on the economic efficiency defence and the first time the Tribunal ordered the payment of pecuniary penalties.  

Mr. Chan has been cited across various editions of Chambers & Partners guides (Global/Asia Pacific) as “a very intelligent and articulate barrister” with “an excellent brain and exceptional presentation skills” who “commands the court’s respect”.

Adam Ferguson

Partner of Eversheds Sutherland

Mr Ferguson is highly experienced competition law practitioner, who, since 2015, has led Eversheds Sutherland’s competition practice in Asia. He is qualified in Hong Kong and England & Wales and has over 20 years’ experience in advising clients on all aspects of competition law and economic regulation.

Mr Ferguson represented the Hong Kong Communications Authority in Television Broadcasts Limited v Communications Authority, in which TVB judicially reviewed the CA’s finding that TVB had abused a dominant position in the Hong Kong broadcasting market (the first time the Hong Kong High Court was required to consider issues of competition law). 

Prior to taking up his role in Hong Kong, Adam represented clients on numerous European Commission cartel investigations, including the Tin stabilizers, Acrylic Glass and Trucks cartels and was part of the team that represented Reckitt Benckiser on its ground-breaking early resolution agreement with the UK Office of Fair Trading, in respect an alleged abuse of dominance relating to the heartburn remedy, Gaviscon.

Adam has been consistently identified as a leading individual for competition law in Hong Kong, with Legal 500, describing him as "personable, sharp and dedicated".