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.
- 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.
- Defend US food manufacturer against product liability claims, secure striking out orders.
- Act for numerous owners including consignors and consignees of goods to claim against the suppliers for the defects and quality of the goods supplied.
- 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.
- 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.
- 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.
- 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.
- Act for Protection and Indemnity Clubs in defending claims brought by cargo owners and endorsees of bills of lading.
- 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)