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May 2008 - Cover Story
Now is the time for innovation in the Asian capital markets
Lawyers working in the capital markets must impress clients while keeping in mind the rules of many jurisdictions and dealing with diverse regulatory structures. But is Asia destined to follow in the footsteps of Europe and the US? Asialaw asks leading lawyers if they are seeing signs that Asia is becoming the leader and not the follower in creating innovation on the markets.
Features
Protecting your intellectual property in developing countries
Using the systems of developing countries to protect IP can be a worthwhile exercise. With continued pressure from investors, developed countries and international bodies, the region's emerging markets are making progress in their IP regimes. Sonia Chan reports.
New frontiers for lawyers in Southeast Asia
Cambodia has an open economy and an Arbitration Council, the government of Laos is fast liberalizing the country's investment and business rules, and Indonesia has seen significant recent legislative reform. These countries are fast attracting business dollars, and the lawyers are not far behind. Chis Bisogni reports.
An in-house lawyer's right to legal privilege
In September 2007, the European Court of First Instance held that communications between companies and in-house lawyers are not protected by legal professional privilege. Although the ruling applies only to competition investigations by the European Commission, the decision highlights the need for in-house counsel to know how far they can claim privilege. Sonia Chan spoke to Asia's litigation experts on the issue.
Australia's great broadband challenge
Telecommunications regulation in Australia has long been a politically charged issue. One of the key concerns has been keeping pace with technological developments in a changing and demanding market environment.
Rob Rankin reports.
Creativity leads to unusual IP cases in Asia
Intellectual property infringers are becoming more creative in terms of what they produce and how they go about their manufacturing and distribution. While the infringers are driven by access to cheaper and more sophisticated equipment, the need to get around tightening laws, and simple ingenuity, in-house lawyers in Asia need to cooperate with rival companies and make full use of any legal protection they have, writes Phil Taylor.
Tata purchase hints at more Asian outbound acquisitions
Tata Motor's multi-million dollar acquisition of Ford's luxury car marques will be a milestone in the development of the Asian acquisition finance market. The purchase, complicated by the UK-regulated pension schemes involved as well as global market conditions, might indicate the acceleration of the Asian outbound acquisition finance market. Such deals also underline the importance of law firms having a clear understanding of local regulatory and cultural needs.
Written in conjunction with Allen & Overy
In Focus
• In Focus: Julianne Long of Thomson Reuters
Behind the Deal
Clifford Chance advises Kerry on SCMP buyout
Italian group advised by Paul, Weiss on Vision investment
A&O helps Indian State Bank with rights issue; advises on Tata deal
Orrick advises on new green fund
Takeda to buy Millennium Pharma for almost US$9 billion
B&M's Singapore venture advises on Indian telecoms investment
Milbank represents ProtoStar in satellite financing
DLA Piper helps China media group go private
People Moves
• Clifford Chance promotes three in Dubai, two in Singapore
• Lovells limits promotions in Asia to Beijing and Hong Kong
• None promoted at Freshfields in Hong Kong; Sullivan & Cromwell raided instead
• A&O adds six partners across Asia and the Middle East
• ISDA hires Asia counsel from DBS bank
• Boost for Herbert Smith and HBT in Singapore and Indonesia
• Linklaters' overall promotions drop but firm has clear international focus
• Norton Rose strengthens Singapore office with Duane Morris hire
• White & Case scoops four from Lovells
• Heller poaches trade team to strengthen its Asian connection
Legal Analysts
• Patentee rights in relation to presumption of validity under Indian patent law
• New rules on Indonesian real estate investment trusts
• Dragging copyright law into the digital era?
• Implementing strategic IP protection in Peru and Latin America
• US Supreme Court limits attacks on arbitration awards
• Hong Kong and China legal jobs market update
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