The Airocean case: materiality matters when it comes to director’s duties
July 8, 2013
In a landmark decision handed down by the Singapore High Court, an independent director’s conviction for market misconduct was overturned. As a result of this case, company directors are no longer in the dark about their disclosure obligations and duties under the Securities and Futures Act. Melissa Russell and Victoria Macgregor of Clyde & Co LLP Singapore (with assistance from Clasis LLC) shed light on the requisite thresholds that need to be crossed in order to impute liability upon independent directors.
Out with the old, in with the new: the Csrc’s drive to boost foreign investment funds in China
July 8, 2013
David Livdahl, Jenny Sheng and Chunbin Xu of Paul Hastings take us through the old requirements imposed on qualified foreign institutional investors (QFII’s) and enlighten us as to how the new measures will have the effect of relaxing protocols for foreign investors.
Changes to Hong Kong’s Data Protection law: what they mean for you
July 8, 2013
Slated to take effect in October of this year, the new Personal Data (Privacy) (Amendment) Ordinance has been introduced with a view to invigorating and reinforcing the data privacy landscape in Hong Kong. The new amendments will home in on the use and transfer of personal data for direct marketing purposes. Anna Gamvros and Aaron Bleasdale of Baker & McKenzie examine the importance of these changes and the penalties for non-compliance.
Financial dispute resolution in Hong Kong: ‘FDR’ – nothing to fear?
July 8, 2013
David Smyth and David Luk of Smyth & Co (in association with Reynolds Porter Chamberlain LLP), review Hong Kong’s new Financial Dispute Resolution Scheme and highlight some pertinent issues that may arise for prospective claimants, financial institutions and their in-house lawyers.
Representing Corporate Asia & Middle East Survey 2012
July 8, 2013
Canvassing the views and concerns of in-house counsel along the New Silk Road, the sixth annual Representing Corporate Asia & Middle East Survey report shines a light on the issues that are of concern to in-house counsel across the region today, their expectations for the coming year and the factors which they say tip the scales when selecting external counsel. And, based entirely on votes from participating in-house counsel, we also announce our ASIAN-MENA COUNSEL In-House Community Firms of the Year for 2012.
Making a case for centralising the in-house legal function
July 8, 2013
According to Sascha Hindmarch, former general counsel at the University of South Australia, centralised systems represent the intelligent choice for the legal function. In a post-Enron, post-Fannie Mae world, a centralised system is more accountable, transparent and safe. Here, she makes a compelling case for backing the model having regard to the changing nature of in-house counsels’ role.
Total Recall? The milk scandal and food liability insurance in China
July 8, 2013
Carrie Yang and Amanda Li of Clyde & Co contemplate how the insurance market will change in China once the government implements strict liability for food safety.