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Rajah & Tann hosted an Alumni Social Event on 28 August 2013 at the comprehensive one-stop lifestyle venue, AQUANOVA Restaurant Bar in Clarke Quay. It was an evening of good laughs with good company as lawyers from Rajah & Tann mingled with Rajah & Tann Alumni over drinks and nibbles.
Adding to the party atmosphere was Singaporean comedian, Kumar, who held court with his rib-tickling and risque jokes. Known for his drag queen antics and hilarious performances, Kumar made it a great evening filled with knee-slapping laughs and fabulous fun. The guests were also entertained by A-List, one of Singapore's most dynamic and entertaining bands. Fronted by Douglas Oliviero and power diva Alia D, the band played a plethora of songs from different genres, ranging from classic and alternative rock, r&B, hip hop, soul to the most current top 40 and commercial favourites.
Above: R&T lawyers and alumni mingling at Aquanova Restaurant Bar.
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Rajesh Sreenivasan, the Head of the Firm's Technology Media and Telecommunications Practice, delivered several talks on data protection in the months of July and August.
On 23 August 2013, he gave a talk on "Data Protection in Singapore – the Personal Data Protection Act 2012". He introduced to the attendees the key features of the Personal Data Protection Act 2012 ("PDPA") which came into operation on 2 January 2013. Rajesh also considered the impact of the law on how organisations carry out their businesses, including those in the marketing and e-commerce businesses. Personal data protection also affects the human resources activities of an organisation. He then suggested some measures to prevent, detect and deal with breaches of security associated with these businesses and activities.
Rajesh concluded his session by stressing that, as non-compliance with the PDPA constitutes an offence, an organisation must put in place appropriate internal processes to comply with the law.
On 16 August 2013, he was one of the speakers at a seminar titled "Personal Data Protection Act – How Ready are You?". In his session on "Understanding the Fundamentals and Consequences of PDPA", he talked about the scope and activities that are covered by the PDPA, such as the collection, use and disclosure of personal data by organisations. It was noted that organisations must be aware of their rights and obligations under the law, including developing and implementing policies and practices to regulate the management and process of personal data.
Rajesh also delivered a talk on "PDPA Compliance – Outsourcing Arrangements & Third-Party Transfers" at a seminar titled "2nd Annual Data Protection & Privacy 2013" held on 25 July 2013. The session focused on the effect of the PDPA on outsourcing arrangements. Rajesh pointed out that the PDPA imposes the same obligation of data protection compliance on an organisation that engages the services of an intermediary to process its data. In other words, the obligations on data protection compliance will still be on the organisation itself. To protect its interest, an organisation may need to contractually impose requirements and standards to comply with the law. It may also have to draft robust indemnity or liability clauses to safeguard the organisation.
Rajesh also discussed the extra-territorial effect of the PDPA, the law being equally applicable to organisations transferring data outside Singapore. The extra-territorial effect of the law is aimed at ensuring that personal data will always be accorded similar level of protection even if they are transferred outside Singapore. It is stipulated that the cross-border transfer of data may only be allowed if the receiving party also provides a standard of protection that is comparable to the protection found in the PDPA.
In this regard, Rajesh suggested certain measures that an organisation can take in relation to cross-border transfer of data. These include: (i) conducting internal compliance with other industry-specific legislation that may govern aspects of cross-border data transfer; (ii) checking and assessing contracts entered into with contracting parties; and (iii) issuing and maintaining appropriate policies relating to cross-border data transfers.
The events were organised by CrimsonLogic, Deloitte and MagnusLink, respectively.
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Rebecca Chew from the Medical Law Practice was the only lawyer invited to speak at the 23rd Singapore Pharmacy Congress held on 17-18 August 2013. In her session, "Recent Developments: Legal Liabilities Facing Pharmacists", Rebecca explained the regulatory framework for the practice of pharmacy and identified the key legislation governing pharmacists. She also spoke extensively on professional and civil liabilities owed by pharmacists. She discussed various case authorities from the commonwealth jurisdictions. These cases underscore the need to fully understand the legal and ethical duties of pharmacists. Given that pharmacists are accountable not only to their patients but also to their profession, they may face disciplinary action for professional misconduct and / or for being in breach of ethical rules and standards. Rebecca also discussed the Singapore Pharmacy Council Code of Ethics which outlines the standards expected of pharmacists in the discharge of their professional duties.
The Congress was organised by the Pharmaceutical Society of Singapore.
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Lionel Tan from the Technology Media and Telecommunications Practice gave a presentation on "The Personal Data Protection Act 2012 and Social Media" on 2 August 2013.
Lionel discussed the key features of the Personal Data Protection Act 2012 ("PDPA"), which was enacted in January 2013 to strike a balance between the protection of data subjects' privacy and the fair consideration of the economic value of personal data for businesses. He also touched on the data protection principles, such as access and correction rights of data subjects, care of personal data and data retention which is tied to the purpose of collection of data.
Lionel then tackled the impact of the PDPA on social media, given the current proliferation of social media platforms. Risks associated with social media were identified and practical tips to mitigate such risks were given. He suggested that organisations develop a sound data protection policy that is customised to suit the specific needs of the organisations, taking into account the organisations' key obligations as prescribed in the PDPA.
The event was organised by ASIS International (Singapore Chapter).
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Rajah & Tann hosted a talk on "The Past and Future of Insurance Contract Law: An Empirical Examination of Insurance Judgments in Singapore" on 31 July 2013. The speaker, Singapore Management University Assistant Professor Christopher Chen, presented his statistical analysis of reported judgments on insurance disputes in Singapore. In reviewing the cases covered, he provided insights on, amongst others: (i) whether Singapore has established its own character in the area of insurance law since 1993 with the enactment of the Application of English Law Act; (ii) the nature of the insurance disputes and main issues that the courts had been confronted with in the past; (iii) how Singapore courts treat local and foreign precedents; (iv) whether English (or local) cases are most likely to be followed; and (v) how often Singapore courts consider doctrinal issues or insurance statutes.
It was observed that there were not many reported judgments on insurance law in Singapore. Most cases decided by the Singapore courts relate to the interpretation of policy terms, particularly in areas of insurance claims and double insurance. The speaker also noted that English cases continue to be widely cited in our courts but there are already signs of more local citations.
The event was organised by the Insurance Law Association, Singapore ("ILAS"), of which Simon Goh, the Head of the Firm's Insurance & Reinsurance Practice, is the incumbent President. The members of ILAS consist of lawyers, insurers, insurance brokers, loss adjusters, insurance accountants and others who have an interest in insurance law. ILAS represents the Singapore Chapter of the Association Internationale de Droit des Assurances ("AIDA"), which is The International Insurance Law Association.
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Andre Yeap SC, the Head of the Firm's International Arbitration Practice, was one of the speakers at the Inaugural Singapore Institute of Arbitrators ("SIARB") National Conference 2013 held on 30 July 2013. Andre's talk on "Multiplicity of Proceedings and Third Party Issues in Arbitration" centered on the increasing need to understand modern day international commercial arbitration disputes in the context of multi-party, cross-border transactions.
He considered the policy reasons and conceptual arguments for and against the inclusion of third party interest in arbitration proceedings. It was highlighted that the lack of consent is the strongest or main obstacle to the inclusion of third parties to arbitration. This is so because without the consent of all the parties involved, including the third party, the tribunal cannot assume jurisdiction to include that third party in the arbitration proceedings. Citing recently decided cases, Andre then examined the common theories and methods used by courts and tribunals to join a third party to an arbitration proceeding, and in particular, the approach taken by the Singapore Court. Finally, he compared how the issue of joinder of third parties is dealt with in some of the prominent arbitration institution rules. He presented in this regard a suggested joinder and intervenor provision for arbitration rules for a fair and proper determination of disputes between parties.
The Conference was attended by arbitrators, practitioners, end-users of arbitration proceedings and the courts.
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Rebecca Chew from the Medical Law Practice was one of the speakers and facilitators at the Seminar for SingHealth 3rd Year Residency Course titled "Medicine, Doctors & the Law" held on 29 July 2013. During the seminar, she gave an overview of the sources of law and how laws are enacted, interpreted and applied. She then focused on the statutes regulating doctors and medicine. The statutes such as the Private Hospitals and Medical Clinics Act, the Medical Registration Act and The Coroner’s Act set out, amongst others, the various duties and responsibilities of the doctors and healthcare institutions. These include the duty to report the commission of an offence (e.g. rape, incest, act of gross indecency, murder, infanticide, commercial sex with minor) to the proper authorities. She noted the difficult issue when this legal duty is applied and the degree to which this duty conflicts with the practitioner’s duty to maintain patient confidentiality.
Rebecca wrapped up her talk with a reminder that medical practitioners need to understand their legal and ethical duties under the law and in accordance with ethical standards. This is important as they may face disciplinary action for professional misconduct and flouting ethical rules.
The Seminar was organised by the Centre for Medical Ethics & Professionalism ("CMEP"), Singapore Medical Association. Back to Top Print
Rajah & Tann, together with Sino-Singapore Guangzhou Knowledge City Investment and Development Co Ltd and SingBridge Corporate Pte Ltd, jointly organised a seminar titled "Breaking the Myths of Intellectual Property in China & Opportunities for Knowledge-Based Industries in the Guangzhou Knowledge City" on 26 July 2013.
China has consistently been one of the top foreign investment destinations for Singapore companies, with the Sino-Singapore Guangzhou Knowledge City bringing in more business opportunities in knowledge-intensive and high value-added sectors. However, many businesses are still concerned about whether their valuable intellectual property ("IP") can be protected in China.
In his talk on "Breaking the Myths of Intellectual Property in China", Benjamin Cheong from the Firm's Technology, Media and Telecommunications Practice provided an overview of China's IP regime and other IP-related issues that a company has to deal with when investing in the country. He highlighted that although China has many IP laws, these may not be well-enforced due to, amongst others, lack of proper coordination between administrative and criminal enforcers, as well as the existence of tension within the various government agencies in China. Benjamin identified the advantages and disadvantages of resorting to the different options of enforcing IP in China (i.e. administrative, criminal, civil and customs). He then presented practical tips on how to protect IP in China, such as: (i) registering trademarks, patents, copyrights comprehensively; (ii) setting out clearly in employment agreements the ownership of works assigned to company's employees; (iii) implementing IP policies and trainings; (iv) conducting due diligence on Chinese partners; and (v) splitting up manufacturing chain to ensure no one party is familiar with the entire manufacturing process.
The other speaker at the seminar was Mr. Chin Phei Chen, the CEO of Chief Executive Officer of the Sino-Singapore Guangzhou Knowledge City Investment and Development Co., Ltd.
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Paul Tan from the Appeals & Issues Practice was one of the speakers at a seminar on conflict of laws on 24 July 2013. His presentation dealt with the topic of "Enforcement of Foreign Judgments", a topic that has been in the news recently following a Singapore High Court decision where a judgment from the People's Republic of China was enforced in Singapore. Paul was one of the lawyers in the case who successfully obtained the enforcement of the Chinese ruling.
Paul first looked at the orthodox analytical framework at English law for determining when a foreign judgment should be enforced. The focus then went to the elements of "international jurisdiction", particularly that of presence, as international jurisdiction for enforcing foreign judgments may be established by presence in the country issuing the judgment.
In considering the topic of presence, Paul discussed the test for presence for corporate entities, including situations where the company has a fixed place of business abroad, but has a representative in the relevant country, such as a subsidiary company. The presentation then went into the piercing of the corporate veil, and the varying approaches adopted across different jurisdictions, including Singapore.
Finally, Paul discussed whether alternative tests for the enforcement of foreign judgments were available even in situations where the factors of international jurisdiction did not exist. He examined alternative approaches taken by the Canadian courts, and whether there is in fact a commercial need for change in light of the shifting commercial realities and expectations.
The seminar was part of Law Week 2013, as organised by the Singapore Academy of Law.
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Chester Toh, the Co-Head of the Firm's Myanmar Practice, was the speaker at a seminar on "Legal Considerations & Update on Foreign Investment Law" held on 9 July 2013. He identified the key legal considerations in doing business in Myanmar, such as issues of transparency in the country's regulatory environment, different treatment of local and foreign enterprises and dearth of documented business practices. Chester also provided an overview of Myanmar's foreign investment regime, with the changes brought about primarily by the new Foreign Investment Law ("FIL") which was enacted in November 2012 and the issuance of related Notifications this year. Foreign investments are categorised into: (i) prohibited activities; (ii) restricted activities permitted by way of a joint venture with Myanmar citizens; and (iii) foreign investments subject to conditions. Chester noted that as the law is new, some provisions still lack clarity and issues with respect to the enforcement of the law are expected to surface in future. Nonetheless, these changes will be welcomed by entities looking to invest in Myanmar as they provide them greater incentive to establish business presence in the country.
Chester also briefly looked at the trends in Myanmar which companies must take note of. These include the changing requirements for financial transactions arising from sector reforms, the enactment of new intellectual property law, increased tax enforcement, the ratification of the New York Convention permitting enforcement of arbitral awards, and the enactment of new competition laws in future as part of ASEAN commitments.
The seminar was organised by the Singapore Business Federation ("SBF").Back to Top Print
Sim Wei Na from the Commercial Litigation Practice was the speaker at the Law Works Legal Primer on Women @ Work which was held on 12 July 2013. The Legal Primer was aimed at educating female professionals, managers and executives on employment law issues, in particular, their rights in the workplace and issues concerning discrimination and harassment.
Wei Na introduced the attendees to the various statutes in Singapore that serve to protect and provide statutory benefits to pregnant employees, parents of young children, as well as older employees, including the new benefits introduced by the Marriage & Parenthood Package 2013. The presentation also covered the Tripartite Guidelines on Fair Employment Practices and how it seeks to promote enlightened employment practices which benefit both employers and employees. Wei Na also discussed the issue of sexual harassment at the workplace and highlighted several criminal and civil causes of action through which a victim may seek redress.
The Law Works Legal Primer was organised jointly by the National Trades Union Congress and the Law Society of Singapore as part of the Law Works 2013 series which was officially launched by The Honourable The Chief Justice Sundaresh Menon in January 2013.
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