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Legal update: Consultation on proposed acceptance of commitments from seven car distributors
In this snapshot legal update, we report that on 1 August 2022, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from seven car distributors (covering 17 car brands) (“Distributors”) relating to their restrictive warranty terms and conditions…Read More
Pádraig Walsh is an Asian Legal Business Super 50 TMT Lawyer for 2022
This past year, the Tanner De Witt TMT team advised on the full range of common TMT issues, including licensing, technology procurement and integration, subscription service arrangements, virtual asset regulation, data protection, cyber, telcom regulation, and venture capital and corporate transactions. We thank our clients…Read More
When a director’s days are numbered… removal of directors under the Companies Ordinance of Hong Kong
Members of a Hong Kong private company may remove a director without cause subject to the requirements set out in the Companies Ordinance (“CO”). The general requirements are set out in s. 462 and s. 463 of the CO. They are: A director may…Read More
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
