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Legal Updates

  • Equity Incentive Plans

    1. What is an equity incentive plan? An equity incentive plan is a scheme adopted and approved by a company that sets out rules that apply to a contract between a company and an individual to provide the individual an interest in or linked to…Read More

  • Subscription Agreements for Investment

    Overview A subscription agreement sets out the terms of an equity investment into the company. It will set out the commercial terms of the investment such as the subscription price for shares, and the class and number of shares to be purchased. It will bind…Read More

  • Russell Bennett is one of only three Hong Kong leading lawyers recommended in both Who’s Who Legal 2022 Labour & Employment and Pension & Benefits listings

    Russell Bennett is duly ranked as a 2022 Global Leader in both Labour & Employment and Pension & Benefits by Who’s Who Legal (WWL). Russell has extensive experience acting for both employers and employees across a wide range of sectors, with particular emphasis on high-value…Read More

  • Legal update: Law Reform Commission public consultation on new cyber-crimes 

    In this snapshot legal update, we report that on 20 July 2022, the cybercrime sub-committee of the Law Reform Commission published a consultation paper with its recommendations to introduce five new cyber crimes into law in Hong Kong. The consultation paper followed a comparative and…Read More

  • Pamela Mak recommended as a leading Estates, Probate & Succession Litigation Lawyer by Doyle’s Guide 2022

    We are pleased to announce that our Partner, Head of Dispute Resolution and Head of China Practice Group at Tanner De Witt, Pamela Mak has been recommended in the 2022 Doyle’s Guide as a “Leading Estates, Probate & Succession Litigation Lawyer” in Hong Kong. This…Read More

  • Agreeing to be unfair: Can shareholders agree to oust the right to petition to wind up a company?

    Establishing a new company can be nerve-racking. A well-drafted shareholders’ agreement ensures that everyone’s respective rights and obligations are clear, helping to minimise potential future disputes. But what are the limits of these agreements; can a shareholder agree that it will not present an “unfair…Read More

  • Approaching investors with confidence

    Before approaching an investor, remember the five P’s: Proper Preparation Prevents Poor Performance. We recommend conducting background due diligence on the potential investor before meeting to see if the investor is suitable for your business. Here are a few topics to explore: 1. The investment…Read More

  • Tanner De Witt is the only law firm listed in 2022 by Who’s Who Legal with Hong Kong qualified thought leading lawyers covering asset recovery and insolvency

    Ian De Witt, Robin Darton and Jeff Lane are listed in the 2022 edition of Who’s Who Legal (WWL) as Global Thought Leaders in Restructuring & Insolvency and Asset Recovery. For Ian, WWL states, “Ian De Witt is considered a top name for commercial litigation…Read More

  • Data Breach Case Study: Data loss risk in our physical environment

    “Human factors always play a significant role in data breaches.” These simple but wise words resonated in our review of a recent investigation report published by the Privacy Commissioner in Hong Kong on 13 June 2022 regarding the loss of physical files containing sensitive personal…Read More

  • Legal update: Dismissal of alleged sexual harasser held unlawful under Sex Discrimination Ordinance

    Introduction Many employers may be aware of the risk of claims under the Sex Discrimination Ordinance (“SDO”) by employees who are subject to sexual harassment during their employment. In contrast, the legal risk that may arise due to any action taken by an employer against…Read More

  • Due Diligence Tips

    Why should you prepare for Due Diligence? It is important to have all the materials concerning due diligence prepared and organised prior to approaching an investor. This will allow you to keep the focus on the actual funding process and transaction documents, rather than responding defensively…Read More

  • Legal update: SFC Consultation on clarification to offering document exemptions

    In this snapshot legal update, we report that on 10 June 2022, the SFC launched a public consultation exercise that includes a proposed clarification to an exemption from SFC authorisation for offering documents for securities. The Securities and Futures Ordinance prohibits the issue of advertisements…Read More