Kim Boreham

Partner

Profile

Kim regularly advises employers and employees on both contentious and non-contentious employment matters including:

  • drafting and negotiation of employment contracts and handbooks
  • termination disputes and entitlements
  • structuring and negotiation of exit packages
  • enforcement of post-termination restrictions and confidentiality obligations
  • entitlements under bonus and share option schemes
  • personal data privacy issues; and
  • discrimination claims.

She has represented both plaintiffs and defendants in High Court actions involving enforcement of restrictive covenants and claims for injunctive relief in Hong Kong, including an application for a springboard injunction, discharge of an Anton Piller order and an anti-suit injunction restraining discovery in the US in aid of Hong Kong proceedings.

Kim also has extensive experience advising clients on all aspects of commercial litigation, arbitration and dispute resolution. She advises on a broad range of contentious issues including claims for breach of contract, constructive trust, breach of fiduciary duty, financial mis-selling, professional negligence and shareholder disputes, insurance policy disputes and insolvency related issues.

experience and key cases

Key Cases

  • Acting for senior executive in defending injunction application and successfully obtaining dismissal of application for enforcement of a 12 month non-compete covenant.
  • Acting for and successfully defending four senior executives in a claim brought by their former employer, alleging breaches of contract and fiduciary duty and seeking enforcement of restrictive covenants: Cantor Fitzgerald Europe & Ors v Boyer & Ors (Unreported, HCA1160/2011, 29 February 2012).
  • Acting for two inter-dealer brokers in defending proceedings brought by their former employer for payment in lieu of notice in excess of HK$30 million:  ICAP (Hong Kong) Limited v Elaine Chan and Kwok Chi Leung (Unreported, HCA 636 & 637/2007, 22 December 2010)
  • Acting for a senior insurance broker and insurance brokerage firm in defending a claim brought by the broker’s former employer concerning allegations of breach of contract and common law duties.
  • Advising a Hong Kong listed entity and its subsidiary in connection with claims against an employee for suspected breaches of fiduciary duty and diversion of business opportunities
  • Acting for a Hong Kong company in proceedings commenced against a team of departing employees in which a springboard injunction was successfully obtained: Slik Hong Kong Ltd v Gerald Merlyn Rhoslyn Evans et al (Unreported, HCA 1424/2005, 2 November 2005).
  • Acting for individual claimant in proceedings brought against his insurance broker and financial adviser and an insurance company relating to losses arising from investment in a geared investment-linked insurance policy;
  • Acting for shareholders of a group of related companies in defending s168A petitions and related litigation commenced in relation to related property-holding and business-operating companies.

Speaking Experience

Kim has extensive experience preparing and presenting both internal and external seminars on a range of legal topics related to practice areas. External seminars jointly presented in Hong Kong include:

  • Speaker at ABA International Labor & Employment Law Committee Mid-year Meeting (Hong Kong, May 2016)
  • Speaker on Panel Discussion on Employment Law Annual Conference of In-House Lawyers (Hong Kong, September 2015)
  • Speaker at HR and Employment Law: Keeping HR Leaders updated on the Changes and Challenges on Hong Kong Employment Law Executive Program (Hong Kong, September 2013)
  • Employment Law Review 2011/2012
  • Recent Developments in Hong Kong Employment Law 2011
  • To be or not to be an Expert Witness
  • Practical Introduction to Civil Procedure
  • Introduction to Insurance Law
  • Defamation Law: Pre-publication issues and what to look out for in the Media

Writing Experience

  • An article by Kim Boreham called “Directors and Officers Beware Liability for Wage Payment Offences by Company” has been published by Britain in Hong Kong, a monthly magazine produced by the British Chamber of Commerce in Hong Kong
  • Ch. 5 Exceptions (Contributing Editor) – Discrimination Law and Practice in Hong Kong (Hong Kong, Sweet & Maxwell, 2011) (Duncan Abate and Hong Tran (Gen. Eds))
  • Former Contributing Editor to the Hong Kong White Book 2006 – 2008 (Hong Kong Civil Procedure (Hong Kong, Sweet & Maxwell, 2006-2008)(Hon Mr Justice Patrick Chan PJ (Ed. In Chief) & Martin Rogers (Gen. Ed.))
  • Contributor to Property Insurance section of (Halsbury’s Laws of Hong Kong Volume 15(1) 2007 Reissue Insurance (Hong Kong, LexisNexis, Hong Kong, 2007)
  • Ch. 27  Fire and Property Insurance (Co-author) –  Insurance Law and Practice in Hong Kong (Hong Kong, Sweet & Maxwell, 2003) (S.H. Goo (Gen. Ed))
  • Ch. 4. Historical Overview of Arbitration in Hong Kong (Contributor) – Arbitration in Hong Kong: A Practical Guide (Hong Kong, Sweet & Maxwell, 2003) (Hon. Ma J (Ed. In Chief) & Kaplan, Neil (Gen. Ed.))

Testimonials

Chambers Asia Pacific 2018: Kim Boreham maintains her excellent reputation for her work on complex matters on the employee side, including issues relating to entitlements and bonuses, discrimination and post-termination restrictions. Peers confirm she is “very well thought of” in this area, a source further noting she is “very good, and tough without being aggressive.

Asia Pacific Legal 500 2018: Kim Boreham is noted, in particular, for her ‘expertise in injunction work’, which regularly sees her involved in big-ticket litigation.

Honourably mentioned as Most Responsive Firm of the Year by Asian-mena Counsel, magazine for the In-House Community 2017.

Chambers Asia Pacific 2017: Kim is highly respected as a litigator. She acts for employees and employers on termination disputes as well as non-contentious matters, including handbook drafting and structuring exit packages. One client says she is “very strong. She has a good understanding of corporate issues, and is innovative with a very sharp intellect.

Asia Pacific Legal 500 2017 notes: “Recent instructions on the employee side include Kim Boreham’s advice to a former CEO regarding a high-value separation package“.

Kim is consistently ranked as a “Leading Lawyer” for employment law in Hong Kong by various leading publications including Chambers Asia and Asia Pacific Legal 500. Kim is listed as a Leading Lawyer for Labour & Employment in the 2017 Edition of Asialaw Leading Lawyers.

Asialaw 2017 notes that Kim Boreham is “knowledgeable and patient”.

Chambers Asia Pacific 2016 notes: “Clients comment on the good service received at Tanner De Witt with one client saying: ‘Impressive service, knowledge and expertise. Kim and Russell do not only work on the side of the employer but they are also known to be ‘very good for employees’.”

Asia Pacific Legal 500 2016 notes: “Kim Boreham isan exceptional lawyer; her knowledge is second-to-none’.”

Tanner De Witt is pleased to be ranked top for employment by Doyles Guide’s Leading Employment Lawyers – Hong Kong, 2016 and Leading Employment Law Firms – Hong Kong, 2016. Partners Kim Boreham and Russell Bennett are both listed as Leading Lawyers in the field of Employment law in Hong Kong.

Chambers Asia Pacific 2015 notes: “Head of department Kim Boreham maintains a sterling reputation in the Hong Kong employment market, where she is especially prominent in handling contentious issues. Peers describe her as ‘an excellent advocate for employees’ and are impressed by ‘her decisiveness and ability to protect her client. I won’t hesitate to refer work to her‘.”

Asia Pacific Legal 500 2014 notes: Tanner De Witt’s employment practice is headed by Kim Boreham and Russell Bennett, both of whom have strong litigation track records, particularly in relation to the financial sector. The practice handles contentious and non-contentious matters for a range of financial institutions, professional services firms, SMEs and senior executives.”

Kim is recommended by Asia Law & Practice as a ‘Leading Lawyer’ for Employment (2014).  According to the publication, Kim Boreham is among “the most highly acclaimed legal experts in the Asia-Pacific region.”

Memberships

  • American Bar Association (ABA)
  • Law Society of Hong Kong
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
  • The Lawyers International Network for Employees and Executives (LINEE)
  • New Zealand Chamber of Commerce
  • Valley Rugby Football Club