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Legal Updates

  • Some considerations in setting up a trust

    If you are concerned about how your assets could be protected or how your loved ones could continue to receive financial provisions or assets during your lifetime and after your death, establishing a Hong Kong trust is worth considering and in particular, a discretionary trust…Read More

  • Power of Chairman at General Meeting to Disallow a Member’s Vote

    The general rule under the Companies Ordinance (Cap. 622)[1] subject to the provisions of a company’s articles is that every member present in person or by proxy is entitled to vote at a general meeting. This general rule was tested in the case of Kwok…Read More

  • Tanner De Witt wins 2020 IFLR Innovative Law Firm Award in Hong Kong

    We are pleased to announce that Tanner De Witt has won IFLR’s 2020 award for Most Innovative Law Firm of Hong Kong. IFLR highlighted the challenging restructuring work Tanner De Witt has been involved in over the years, including “acting for the purchaser, China Cinda,…Read More

  • Benchmark Litigation again ranks Tanner De Witt highly, listing twice as many practice groups as previous rankings

    Partners Ian De Witt, Robin Darton and Jeff Lane were also selected as “Litigation Stars” in dispute resolution Tanner De Witt is delighted to be ranked Tier 1 for Insolvency, Tier 2 for Commercial and Transactions, Recommended in Private client – Domestic firms, and recognised…Read More

  • Mergers and Acquisition – Deposit at the MOU Stage

    In the context of mergers and acquisitions, it is not uncommon for the intended seller to ask for a deposit or other amount to be paid under a memorandum of understanding (“MOU”).  The MOU, much of which is usually not binding, will also provide for…Read More

  • Fortress or Sandcastle: Cybersecurity risks of working from home

    COVID19 has led to more and more people working from home.  This trend will continue in the future.  Homes are not made of bricks and mortar in cybersecurity terms.  Cybercriminals are finding it easier to huff and puff, and blow these straw houses down.  Pádraig…Read More

  • Recent UK Supreme Court’s decisions touching on key elements of vicarious liability

    Introduction Vicarious liability is a long-established legal principle which imposes liability on an employer for the wrongful act committed by its employee against another person during the course of the employee’s employment. The rationale of such legal principle aims at a fairer allocation of risk…Read More

  • COVID-19: Managing Data Ethics in a Pandemic

    In times of stress, you don’t rise to peak performance, you fall to the level of your training. There is a global pandemic. There is quite a lot of stress about. Governments and public institutions are looking for technology solutions to help. Is a balanced…Read More

  • Can the novel coronavirus form a defence to international child abduction?

    An interesting decision is now available in respect of a child removed by her mother from Spain, her place of habitual residence and the subsequent application by her father for her return brought under legislation incorporating the Convention on the Civil Aspects of International Child…Read More

  • Hong Kong Wage Subsidy Update – Further details on Employment Support Scheme (ESS) provided in Finance Committee Discussion Paper

    UPDATE 5: 12 June 2020 – Hong Kong Wage Subsidy Update 5 – Reminder: Deadline to apply for 1st tranche of Employment Support Scheme (ESS) closes on Sunday, 14 June 2020 at 23:59 HKT UPDATE 4: 19 May 2020 – Hong Kong Wage Subsidy Update…Read More

  • Corporate Meetings During Social Distancing

    Work-from-home arrangements. Restrictions on travel. No gatherings of four people or more. COVID-19 has changed how we work, live and socialise. The pandemic has also affected how companies conduct their corporate governance. We are now in financial reporting season when companies are convening board and…Read More

  • Is COVID-19 an event of force majeure?

    Does COVID-19 allow you to get out of your contract on the grounds of force majeure? We have been asked this question several times in recent weeks. COVID-19 has hurt many businesses and has stopped contract performance in its tracks in many instances. Does that…Read More