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The Firm's Technology Media & Telecommunications Practice organised four similar sessions of an in-house client lunchtime seminar titled "Latest Developments in Singapore's Personal Data Protection Regime and Updated Approaches in Implementing Data Protection Policies within your Corporation" on 5, 15, 17 and 30 April 2013. The speakers during the seminars were the Head of the Technology Media & Telecommunications Practice, Rajesh Sreenivasan, and Partners Steve Tan, Lionel Tan and Benjamin Cheong.
In this digital era and in light of the ubiquitous nature of information technology, there is a greater need for data protection measures to curb the abuse of information. In addition to a brief synopsis of the Personal Data Protection Act ("PDPA"), the speakers also focused on the Consultation Papers on the proposed guidelines and regulations that were recently issued by the Personal Data Protection Commission. Specifically, they looked into key concepts of the proposed guidelines and regulations and gave insights on how the PDPA will be applied and enforced in Singapore. They also suggested some measures that organisations may carry out to comply with the PDPA.
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Prakash Pillai, the Head of the Firm's South Asia Practice and a Partner of the International Arbitration Practice, was a speaker at a conference jointly organised by the Singapore International Arbitration Centre ("SIAC") and the Confederation of Indian Industry ("CII") entitled "Arbitration India: Scripting a New Chapter for International Arbitration", which was held in Mumbai, India on 27 April 2013. Prakash participated on the panel whose session came under the theme "Potential Pitfalls in International Arbitration". The panelists discussed issues such as drafting arbitration agreements correctly, choices between institutional and ad hoc arbitration, selection and appointment of arbitrators, expedited procedures, interim measures and emergency arbitrator provisions.
The event was organised to celebrate the opening of SIAC's India Office. Back to Top Print
Chia Kim Huat, the Head of the Firm's Corporate and Transactional Practice, and John Cordova from the Corporate Finance & Capital Markets Practice, were the Chairperson and speaker, respectively, in an M&A panel discussion at the Southeast Asia In-house Counsel Summit held on 25 April 2013.
The panel discussion centered on the regulatory and cultural challenges in cross-border M&A and the key considerations in hostile takeover and privatisation deals. The panelists also touched on private equity trends and exit options in Southeast Asia as well as antitrust and regulatory clearance for M&A transactions.
The Summit was organised by the Singapore Corporate Counsel Association ("SCCA"). Back to Top Print
Lionel Tan from the Technology Media & Telecommunications Practice was the speaker at a seminar on "Social Media and the Personal Data Protection Act" held on 24 April 2013.
Social media is increasingly leveraged by organisations to increase their brand profile and to connect with their customers. In his first session on "Local Issues: Digital Media and Social Media", Lionel highlighted the risks associated with social media use, citing high profile cases on social media involving defamation, copyright or trademark infringement and breach of confidential information which have caused immense damage to organisations. He also highlighted a few recent cases of social media users being in contempt of court and breaching the Sedition Act. He gave practical tips on how to mitigate such risks and liabilities, and develop best practices on social media use. These include developing and implementing clear guidelines on social media use, conducting training sessions and sending out regular email-reminders to employees.
The second part of the seminar focused on "Singapore's Personal Data Protection Act", where Lionel provided an overview of the Personal Data Protection Act ("PDPA") and the key obligations for general compliance prescribed in the PDPA. The latest draft guidelines issued by the Personal Data Protection Commission were also explained.
The Seminar was jointly organised by Rajah & Tann and Asia-Pacific Professional Services Marketing Association ("APSMA"). Back to Top Print
Lionel Tan from the Technology Media & Telecommunications Practice was one of the speakers at a conference on "Knowledge Management & Social Media" held on 23 April 2013.
His talk on "Knowledge Protection & Security" centered on understanding the implications of social media on knowledge protection and security. Given the proliferation of social media platforms in workplaces, he pointed out the challenges in knowledge media protection and suggested general solutions to overcome them. Specifically, Lionel provided practical insights on how to manage the risk of loss of intellectual property and proprietary knowledge on social media, and how to maintain organisation control of information without stifling a collaborative culture. To illustrate these, Lionel shared case studies, best practices and lessons learnt by some renowned organisations in relation to social media knowledge protection.
The Conference was organised by Pacific Conferences. Back to Top Print
Kala Anandarajah, the Head of the Firm's Competition & Antitrust, and Trade Practice, and Benjamin Cheong from the Technology Media & Telecommunications / Competition Practice were the speakers at the in-house client lunchtime seminar held on 23 April 2013.
Kala's talk on "Practical Issues in Singapore Import & Export Laws and Regulations" focused on relevant laws relating to import and export licensing and control requirements. The session focused on strategic goods and practical issues in and around managing the export of strategic goods. The consequences for non-compliance with these laws and regulations, and the related topic of applying for appropriate strategic goods permits were also touched on. Finally, Kala also briefly discussed the International Traffic in Arms Regulations ("ITAR").
Benjamin, in his session on "Cross-border Enforcement of IP Rights: Protecting your IP at the Customs Level", provided an overview of customs enforcement in Singapore as well as in China. He also discussed how customs can assist with protection of intellectual property given the alarming increase of counterfeit goods in Asian countries.
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Francis Xavier SC, the Head of the Firm's Disputes Practices, Kala Anandarajah, the Head of the Competition & Antitrust, and Trade Law Practice and Chester Toh from the Integrated Regulatory Practice were speakers at the Inter-Pacific Bar Association's ("IPBA") 23rd Annual Meeting & Conference held in Seoul, Korea on 17-20 April 2013.
Francis was the speaker at a session on "Liberalization of Legal Market in Asia", where he outlined the efforts made by the Singapore Government to date in liberalising the legal market here. This liberalisation of the legal market has resulted in the increase in the number of foreign law practices and lawyers, and the growing popularity of international commercial arbitration as an alternative mode of dispute resolution in Singapore. He was part of a global panel that also looked at the experience of countries such as India, Malaysia, Korea and the UK.
He was also the Moderator at the Aviation Law Committee's session on "The Changing Face of Aviation Disputes – 21st Century". The panel consisted of speakers from the UK, the US, India, South Korea and the PRC, and looked at developments in aviation across the globe.
Kala spoke at the session on "Cartel Issues on the Pacific Rim", highlighting the latest developments in competition law in Singapore and the ASEAN. The focus of the session was on leniency concerns. Separately, Kala was also the Chair for the Aviation Law Committee, and as chair, she put together two panels, one of which was moderated by Francis. The other panel session titled "Critical Regulatory Issues in Aviation" was moderated by Kala. In putting the panels together, Kala ensured that there were speakers from across the world, and also pulled in a couple of Rajah & Tann alumni who have since moved back to jurisdictions such as the US.
Chester's session on "Cross-border Investment Issues in Myanmar" provided an overview of the new Foreign Investment Law ("FIL"), a framework legislation which seeks to provide a number of incentives to foreign investors. Chester also raised some of the key regulatory and legal issues that may arise when investing in this frontier jurisdiction.
The IPBA is an international association of business and commercial lawyers in the Asia Pacific Region. The event was attended by over 1,000 members from more than 67 jurisdictions, as well as other business and commercial lawyers, judges, prosecutors, legal academics and business professionals. Back to Top Print
Rajesh Sreenivasan, the Head of the Firm's Technology, Media and Telecoms Practice, was one of the speakers at the 2nd Conference on Social Media & Mobile Marketing for Insurance held on 9-10 April 2013.
In his talk on "The New Data Protection Law and How it Impacts Social Media and Digital Marketing", Rajesh discussed the key aspects of the Personal Data Protection Act ("PDPA") such as the data protection principles of consent, purpose, access and correction rights, and care of personal data. The PDPA brings about the establishment of a Do-Not-Call ("DNC") regime whereby individuals are allowed to register their Singapore telephone numbers if they do not wish to receive marketing messages.
He also highlighted the key obligations of affected organisations for general compliance with the law, including developing policies and practices to meet the obligations under the PDPA and designating individual within the organisation who will be responsible for ensuring compliance with the PDPA.
Rajesh then tackled the impact of the PDPA on social media and digital marketing, specifically on the collection, use and disclosure of personal data for publicity and marketing purposes. As a result of the enforcement of the PDPA and the establishment of the DNC regime, orginsations’ marketing activities will now need to be reviewed and subject to restrictions and controls.
The Conference was organised by Asia Insurance Review.
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Jimmy Oei from the Firm's Tax Practice, Ronald Choo, the Head of the Tax Practice and Partner of the Private Wealth & Trusts & Charities Practice, and Arnold Tan, the Head of Fund Management & Regulatory Practice were the speakers at the Study Circle Meeting of the International Fiscal Association-India Branch-Western Region Chapter held in Mumbai, India on 3 April 2013. The Meeting was organised to discuss recent Singapore tax and regulatory developments relevant to Indian corporates, funds and high net-worth individuals ("HNIs") including tax proposals announced in recent Singapore Budgets.
Jimmy's topic on "Exchange of Information from a Singapore Perspective" set out the differences between the old Exchange of Information ("EOI") Standard and the new EOI Standard, otherwise known as the "OECD Standard for EOI", which Singapore endorsed on 6 March 2009. In this regard, he touched on the steps the Singapore Government took to meet the new EOI Standard as well as the factors that must be considered when complying with an EOI request.
In another segment titled "Taxation in Singapore", Jimmy shared in a nutshell the basic concepts of taxation in Singapore and the instances where foreign investors may be subject to tax. In relation to trust and funds, he highlighted that tax incentives are available for both resident and non-resident trusts and funds, subject to qualifying criteria for different schemes.
Ronald, in his talk on "The Singapore Trust", highlighted some of the features of Singapore trust law and the Singapore "foreign trusts" with particular emphasis on trusts with one or more Indian resident beneficiaries.
Arnold focused on "Developments in the Fund Industry", in which he provided an overview of the Singapore fund industry, the admission criteria for the different types of management companies in Singapore and the ongoing requirements for these types of companies. He then touched on the relevant legal regime governing investment funds, such as the India-Singapore Comprehensive Economic Co-operation Agreement ("CECA") and the Singapore Resident Fund Scheme. Possible fund structures for Indian players were also explored, which can take the form of a standalone corporation, master feeders and limited partnership. Back to Top Print
Chester Toh, the Co-Head of the Firm's Myanmar Practice, was the speaker at the seminar on "Myanmar's Foreign Investment Regime – Time for the Leap of Faith?" held on 29 March 2013. Chester discussed Myanmar's new Foreign Investment Law ("FIL") which eliminated the previous requirement for minimum foreign shareholding in business ventures. Under the new law, local and foreign partners may agree on any shareholding proportion for their joint ventures with up to 100% foreign ownership and participation, except in restricted and prohibited sectors and areas reserved for state-owned enterprises. The new FIL also offers tax exemptions and reliefs as well as longer land leases.
Chester provided an overview of the procedures for investing under the FIL which vary from one sector to another. After looking at the key areas of risks when investing in Myanmar, Chester offered some pointers to address these challenges including looking for advisors that can assist with risk assessment. He suggested approaching sectoral authorities or ministries at an early stage and anticipating the challenges associated with investing in a developing economy.
The seminar was organised by Young Presidents Organisation ("YPO"). Back to Top Print
Chester Toh, the Co-Head of the Firm's Myanmar Practice, spoke at a seminar titled "The Changing Landscape of Myanmar's Foreign Investment Regime" that was held in Yangon prior to the official launch of Rajah & Tann NK Legal on 28 March 2013. In his talk on "Perspectives on Myanmar's New Foreign Investment Law", Chester highlighted the key features of the new Foreign Investment Law ("FIL"), which supersedes the old law enacted in 1988. The new FIL permits foreign ownership and participation in most sectors as well as offers tax breaks and longer land leases. The new law allows local and foreign partners the flexibility to agree on any shareholding proportion for their joint ventures including permitting 100% foreign ownership, with the exception of restricted and prohibited sectors and areas reserved for state-owned enterprises. This is a change from the previous requirement for minimum foreign shareholding.
Chester also tackled Myanmar's regulatory environment and the key challenges and areas of risks that an individual or a corporation may face when investing in Myanmar.
U Nyien Kyaw, the Managing Partner of Rajah & Tann NK Legal, also spoke at the seminar. He discussed issues relating to intellectual property ("IP") enforcement in Myanmar and the opportunities it presents to foreign investors.
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Jimmy Oei from the Firm's Tax Practice was one of the speakers at the Association of Small and Medium Enterprises ("ASME") Post-Budget Convention 2013 held on 18 March 2013.
For the topic selected, "Tax Implications & Insights on Recent Tax Developments", Jimmy shared the key highlights of Budget 2013 that may be of interest to small and medium enterprises ("SMEs"). He also touched on tax changes which may provide planning opportunities. When planning to take advantage of tax opportunities, Jimmy highlighted the need to understand and be familiar with the relevant tax rules, case law as well as the Comptroller's tax practices. Other relevant factors include the nature of business, the objective of structuring / re-structuring and applicable tax rules in partner jurisdiction(s).
Jimmy concluded his talk by sounding the reminder on the need to comply with the obligations in the tax law, such as keeping records, and also to avoid the temptation to make wrongful or fraudulent claims.
The seminar was organised by ASME. Back to Top Print
Lionel Tan from the Firm's Technology, Media and Telecoms Practice was one of the panelists at an event titled "3rd Annual Social Media for HR Congress - Digital Communication Strategies for Today" held on 13-14 March 2013. In the panel discussion on "Social Media and the Law", Lionel and the other panelists shared their perspectives on the legal risks associated with social media and how to mitigate them.
The speakers in the event comprised social media and legal experts who discussed strategies and pointers on how organisations can optimise their digital and social media platforms whilst avoiding the pitfalls.
The Congress was organised by Key Media. Back to Top Print
Through our membership with the Lex Mundi as the member firm for Singapore, Rajah & Tann was invited by Lex Mundi's Association of Corporate Counsel International Legal Affairs Committee ("ACC ILA Committee") to speak on the topic "Dispute Resolution Avoidance and Management Strategies in Asia". The presentation was made by Chandra Mohan from the Commercial Litigation Practice on 14 March 2013 during the ACC Legal Quick Hit Monthly Conference Call organised by the ACC ILA Committee. ACC members, many of whom are in-house counsel from Fortune 500 companies such as Lockheed Martin Corporation and Las Vegas Sands Corp., dialed in to listen to Chandra speak on the topic. Chandra’s presentation has been posted on the ACC Legal Resource Library and is available to all ACC Members.
Lex Mundi is the world's leading association of independent law firms. Its members comprise more than 160 premier firms in more than 100 countries, with only one member firm in each jurisdiction. Rajah & Tann is the exclusive Lex Mundi member firm for Singapore. Back to Top Print
Jimmy Oei from the Firm's Tax Practice was one of the panelists discussing the topic, "Managing Costs: How to Leverage on Reliefs, Grants and Incentives", as part of a symposium titled "Singapore Budget 2013: Managing Costs Through Effective Tax Planning" held on 12 March 2013.
The Government's focus on productivity and innovation-led economic growth introduced a number of reliefs, grants and incentives to help businesses better manage their costs and grow. In this panel discussion, the panelists examined the options available and provided insights to businesses.
The event was organised and presented by CCH, a Wolters Kluwer business.Back to Top Print
As the Lex Mundi member firm for Singapore, Rajah & Tann was given the opportunity to host the inaugural meeting of the Association of Corporate Counsel ("ACC") Singapore Chapter at our office on 5 March 2013. ACC President Veta Richardson and ACC Vice-President and Chief Global Membership Officer Robin Grossfeld flew into Singapore from the USA to attend this inaugural meeting. Veta and Robin also took the opportunity to meet with our partners Chia Kim Huat, Regina Liew and K. Muralidharan Pillai as well as Laura Liew and Lynn Hong of the Business Development Team to foster closer ties between Rajah & Tann and the ACC. Capping off the afternoon's activities was a cocktail hosted by Rajah & Tann for ACC Singapore Chapter Members. The cocktail was organised by the firm's Business Development Team and was attended by Chia Kim Huat, Kala Anandarajah, Lau Kok Keng, Shemane Chan, Dominique Lombardi and Rajesh Sreenivasan.
Lex Mundi is the world's leading association of independent law firms. Its members comprise more than 160 premier firms in more than 100 countries, with only one member firm in each jurisdiction. Rajah & Tann is the exclusive Lex Mundi member firm for Singapore. Back to Top Print
Rajesh Sreenivasan, the Head of the Firm's Technology, Media and Telecoms Practice, was the Expert Trainer at the training on "Data Protection & Compliance" held on 1 March 2013.
This one-day training focused on the new data protection regime in Singapore brought about by the coming into operation of the Personal Data Protection Act ("PDPA") in January this year. Rajesh provided an overview of the PDPA, including the key features of the legislation. He discussed the impact of the newly enacted law on business decisions, policies and processes of organisations. He then gave practical tips in creating "fool-proof" data protection strategies to protect the business and its customers.
The training course was organised by BizNet Global.Back to Top Print
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