Shearn Delamore & Co has built an enviable reputation for advising clients in the financial services, energy, real estate and technology sectors. The firm has renowned practice groups with capabilities across a spectrum of specialisms, including banking and finance, corporate advisory and M&A, construction, employment law, intellectual property, competition advisory and tax. Key individuals such as Anand Raj, an expert in competition and tax, Grace Yeoh, a seasoned corporate and M&A practitioner, Rabindra Nathan, a distinguished name in dispute resolution, Karen Abraham, a go-to counsel for contentious and non-contentious IP advice, Sivabalah Nadarajah, a noted figure in the field of employment law and Ka Im Goh, a prominent figure in tax advisory, exemplify the depth of talent and expertise that Shearn Delamore has built over the years.
Client feedback
“Attentive and professional.” – Banking and finance
“They bring their past experience of similar cases and their sound legal knowledge.” – Dispute resolution
“A sound understanding of the business requirements. Experienced lawyers. Fast turnaround times. The lawyers are easily accessible. Competitive fee quotes.” – Dispute resolution
“The partners at Shearn Delamore are very experienced, have in-depth knowledge of the law and are practical when advising on the best approach to take in complex matters. They adapt easily, find solutions, are accessible and deliver excellent work.” – Dispute resolution
“Excellent written materials. Superb advocacy. Careful preparation of witnesses.” – Intellectual property
“They are prompt, clear, accurate and have commercial acumen." – Labour and employment
“Responsive and professional advice.” – Labour and employment
“They provide technical advice and strategise approaches, keeping me and my management posted.” – Oil and gas
“Thorough and professional.” – Technology and telecommunications
Pui Chi Foong
“She is technically sound, understands my industry and has good communication skills.”
Jeyanthini Kannaperan
“Attentive and passionate.”
Jimmy Liew
“Fast response times. A focused approach. Results-oriented.”
Sivabalah Nadarajah
“Responsive and reactive.”
Rabindra Nathan
“Sharp mind, technically proficient and routinely conducts in-depth research on precedent cases.”
Indran Shanmuganathan
“A superb advocate. Good at strategy and planning cases.”
Suganthi Singam
“Clear and prompt in providing advice.”
Yoong San (Janet) Toh
“Provides straight talking and pragmatic advice.”
Work highlights
Acting as counsel in a civil suit filed by the Government of Malaysia to recover income taxes and penalties from the firm’s clients in excess of RM14 million on the sale of certain property by the relevant parties. The firm defended the tax assessments on the basis that they were prematurely issued by the Revenue Authority while the company audit was ongoing, demonstrating clear bad faith. The civil suit was subsequently settled and withdrawn by the government on terms favourable to the clients.
Work highlights
Advised Merck Sharp and Dohme Corp & Anor in a patent infringement trial. This is the continuation from the historic landmark decision by the apex court of the country in 2019. Following the decision by the apex court in the initial case, certain issues which were not decided as a result of the prior decision in SKB Shutters (now reversed) were remitted to the High Court for the determination. This case looked at how newly developed Types 1 and 2 patent claims work and whether they are valid when compared with existing inventions.
Acted for FIAL Finanziaria Industrie Alto Lario in defending an appeal against the decision of the registrar of trademarks in relation to opposition proceedings. This case is an appeal from the decision of the registrar of trademarks to the High Court in respect of the plaintiff’s opposition against the firm’s client’s trademark application in Malaysia. At the conclusion of the proceedings before the registrar, the plaintiff’s opposition was dismissed, and the client was found to be the first user of the ‘Galperti’ trademark in Malaysia.
Key clients
Bonia lnternational Holdings, E&F Essential, Flyfirefly, Malaysia Airlines, Sinowaja (Malaysia)
Work highlights
Acted for Thai Odyssey and its group of companies in a suit against its former directors for breach of fiduciaries duties, duty of fidelity and breach of trust, which led to the setting up of a competing business. It also involves a claim on the enforceability of an arbitration agreement and non-competition obligation. This litigation raises several interesting legal points: for instance, whether a non-competition clause restricting parties during the term of a commercial contract constitutes an unlawful restraint of trade; and whether legal proceedings ought to be stayed pending arbitration when there are multiple claims and parties, where the principal aggrieved party is not subject to the arbitration agreement (if one exists).
Key clients
Applecart Investment, GS Realty, MyBrush Industries, Tropicana Properties (Klang)
Work highlights
Acted for Mammoth Empire group of on its collaboration with EXSIM Holdings, JT Momentum, and Rubberex Corporation in respect of the Empire City Mall. The proposed collaboration involves the participation by the parties in a new joint-venture company and the transfer of the Empire City Mall to the said joint-venture company. The Empire City Mall has been ascribed a market value of RM1 billion ($215 million) using the income and comparison method of valuation.
Acted for the shareholders of The Inside Scoop (TISSB) on their sale of 53% of ordinary shares in TISSB to listed company Farm Fresh. The team was involved in the negotiations, preparation of the definitive agreements through to the closing of the transaction. As this is not a 100% buyout by the firm’s client, the negotiations had to take into account the vendor’s interest as a minority in the target post-completion.
Key clients
Amertron International, Genting Plantations, Scientex Packaging Film, Vista Laser Eye Center
Work highlights
Successfully acted for Pacific & Orient Co Insurance in setting aside the Malaysia Competition Commission’s final decision in finding the General Insurance Association of Malaysia and its 22 members liable for infringing the Competition Act 2010.
Acting for one of the five entities in challenging the Malaysia Competition Commission (MyCC)’s proposed decision on purported anti-competitive agreements and/or concerted practices between the entities in increasing the price of poultry feed that contains soybean meal and maize as its main ingredients. This matter is of public interest, as it affects the food industry nationwide. It has gained wide coverage on the media, and it also involves the highest proposed fine imposed by the MyCC.
Key clients
Korean Airlines, Shopee Mobile Services
