We understand the economy of any dispute to business. Success requires sound strategy, which means limiting the cost of conflict whilst defending existing positions.
We believe in the use of creativity and timing to build momentum in litigation, with judicious use of injunctive relief and expedited discovery.
We believe adopting a sound flexible offensive strategy in any given conflict is the key to winning. Timely revisits of a given strategy throughout the litigation process is a practiced discipline. We recognise clients’ interests may at times be better served by first turning to negotiation or mediation.
In all litigation, our objective is to achieve the desired outcome for our clients as quickly and efficiently as possible.
How we can help
- Appellate advocacy is our strength where issues of law and public policy guide the ultimate award
- Choice of the use of alternative dispute resolution methods
- Contest or enforce judicial decisions and arbitration awards
- Decision on which court or authority to lodge a claim in the PRC
- Focused approach to appeals
- Management and strategy in multijurisdictional dispute / litigation
- Official capabilities of the firm include:-
Arbitrator of Shanghai International Arbitration Center, Shenzhen Arbitration Commission and Hong Kong International Arbitration Centre
- Specific areas where we handle and advise on a regular flow of multijurisdictional disputes:-
Anti-money laundering
Banking and securities
Capital markets regulation
Construction
Corporate fraud
Employment
Energy
Environmental law
Family, trusts and probate
Insolvency
Insurance and reinsurance
Intellectual property
International trade
Judicial review
Law enforcement investigation
M&A
Real estate
Sale of goods
Shipping
Technology
Telecommunications
White collar crime
Representative experience
Intellectual Property
- Assist the world’s largest independent IT training company in litigation in compelling its sub-franchisee in Hong Kong to comply with the post-termination de-identification obligations after termination of the master franchise agreement with the franchisee; obtain a permanent injunction against the sub-franchisee and their directors to stop the breaches and the infringing acts and stop the sub-franchisee from using the domain name similar to that of our client.
- Counsel to Esquel Enterprises Ltd. in successfully defending a patent
infringement claim by TAL Apparel
Limited in US District Court Proceedings at
Seattle and ITC proceedings. Our patent
litigation team counsel Esquel on
pro-active strategy on invalidity and
unenforceability. Esquel obtain a
Findings of Facts and Conclusions of Law
in its favour.
- Represent Jaguar Cars Limited in
successfully obtaining the first-ever
pre-action injunction order by Beijing
Intermediate Court for infringement of
Jaguar’s well known trademark and
forgery of licensing document. These are
unprecedented injunctions.
Commercial
- Act for founding members of a high net worth business based in China in upholding their rights in disputes with new investors, and advise on petition for winding up of the company and seeking alternative remedy based on just and equitable grounds.
- Counsel to a listed group in Hong Kong
in defending claims from the PRC vendor
in acquisitions of PRC businesses based
on manipulated business records and
accounting information, and devise
strategy to join the management and
ultimate owner of the vendor in the
proceedings.
- Counsel to a listed group in Hong Kong
on settlement of the claims brought by
the vendor and former management of
the acquired companies under a major
acquisition project and a series of
contractual arrangement.
- Counsel to a listed company in Hong Kong
in a series of derivative actions relating to
shareholders’ disputes instituted by a
majority shareholder of the company for
the purpose of taking over control of the
company.
- Act for a leading securities house to claim
against the directors of a listed company
in liquidation for negligent misstatements
in various public announcements.
- Act for an investor to claim against the
white knight of a company in restructuring
for breach of a memorandum of
understanding to enforce confidentiality
and breach of fiduciary duties to act in
good faith to the investor.
Regulatory Compliance
- Defend US food manufacturer against
product liability claims, secure striking
out orders.
Sale of Goods
- Act for numerous owners including
consignors and consignees of goods to
claim against the suppliers for the defects
and quality of the goods supplied.
Shareholders and Partnership Disputes
- Lead counsel to the majority shareholder
of a US based multi-level selling company
with operations in Greater China and Asia
in defending claims against officers’
liabilities and winding up petition by minority
shareholders; devised worldwide strategy
for defence, coordinated multi-forum
litigation and secured discharge of asset
preservation orders and settlement.
Defamation
- Lead counsel in cross-border libel actions
against the publisher in China and the
distributor in Hong Kong on serious bribery
allegations.
- Act for prominent persons in defamation
action against media.
Alternative Dispute Resolution
- Counsel to real estate developers
in arbitration of construction disputes against the main contractor.
- Act for a major insurer in Hong Kong in
arbitral proceedings with insured on
scope of indemnity.
Judicial Review
- Institute Order 53 proceedings to apply
for judicial review of the decision made
by the Town Planning Board regarding
the designation of Special Scientific
Interest zones.
Shipping
- Act for Protection and Indemnity
Clubs in defending claims brought by
cargo owners and endorsees of bills of
lading.
Real Estate
- Advise a property developer on acquisition of the land for development and the requirements and strategy for obtaining an order under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545)