Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Mayer Brown JSM is known for its strong connections with Chinese and Hong Kong companies, and its ability to help them meet their financing requirements. The banking team recently represented Hang Seng Bank in its role as mandated coordinating arranger on Hong Kong’s first ever Rmb syndicated loan. The multicurrency loan facility for China Automation Group was valued at US$50 million.

Mayer Brown JSM is well regarded in the market for its critical mass of bilingual Chinese and English lawyers and its in-depth understanding of the markets in China. One client notes: “The firm is fantastic in keeping an open line of communication with clients, guiding them with logical intelligence, and holding their hands every step of the way.”

Hong Kong-based partner Martin Robertson enjoys a stellar reputation and is very popular with clients. “Robertson brought unrelenting yet harmonious skills to the negotiation table,” says one. “We could not have finalised the joint venture agreement under favourable terms without him. We very often pause to wonder and stand rapt in awe how amazing he was to beat every single argument that came his way. He was always accessible by telephone or email, armed to the teeth, and ready to go to war. His legal judgment and business acumen are beyond reproach. He is truly brilliant.”

Last year, the M&A team represented Li & Fung on its proposed acquisition of Integrated Distribution Services Group via a privatisation pursuant to a scheme of arrangement. Partners Patrick Wong and Derek Tsang led on the HK$4.38 billion (US$563 million) transaction.

Mayer Brown JSM’s presence in China means that the firm often acts for major developers on projects and acquisitions. The firm also has an active presence in REIT work, and has strong relationships with major developers in both China and Hong Kong.

One client says: “The firm’s goal of responsiveness is impeccable. Its international presence across a wide range of matters from a bevy of partners puts some distance between itself and the rest of the field, and brings quality legal support closer to home.”

In 2010, Mayer Brown JSM represented Amari Hotels & Resorts in its acquisition of the Shama Group. The firm’s team provided due diligence work and prepared and negotiated the contract for the HK$100 million (US$12.8 million) acquisition.

Mayer Brown JSM also recently advised Swire Properties on its Rmb5 billion TaiKoo Hui Project in Guangzhou. The Guangzhou development includes a shopping mall, five-star hotel and cultural centre on 4,410,000 sq. ft property. Among other things, the project involved leasing 27 floors of office space to HSBC for its Southern China headquarters. Keith Cheung, Andrew MacGeoch and Kevin Owen are all active in the construction and real estate space.

Thomas So leads Mayer Brown JSM’s dispute resolution team, which is known for its deep connections with Hong Kong businesses and its ability to litigate for both international and domestic clients at all levels in Hong Kong. The firm advises an array of international financial institutions, public bodies, media organisations and multinationals on Hong Kong dispute resolution matters, many of which are highly confidential.

Mayer Brown JSM also has lawyers who are dual qualified in Hong Kong and China, which gives it an advantage when it comes to cross border disputes.

Partner Kenny Wong leads Mayer Brown JSM’s IP practice, which is held in high regard by peers in the market. Wong is known in China, Hong Kong and the US for his frequent speaking engagements, and his willingness to educate others on IP developments.

The firm opened up a trade mark agency in Beijing in the early part of 2009, and the office has since served as a one-stop-shop for all of its clients’ IP needs. Mayer Brown JSM’s Greater China practice is also well known for its leadership in handling IP issues relating to the IT, media and entertainment sectors.

This past year, the IP practice handled more than 30 infringement cases for client Seven Towns in relation to stopping counterfeit versions of the puzzle toy, Rubik’s Cube.

Mayer Brown JSM’s practice is strong on both the shipping and aviation fronts. The firm’s leading LNG practice earns the shipping practice key mandates advising large European, Chinese and Japanese ship-owners such as Mitsui O.S.K. Lines. The practice has worked on all of the Chinese LNG import projects that employ ships constructed in China.

Mayer Brown JSM often represents ship-owners on cross border M&A work and advises private equity funds on their shipping investments. The firm’s structured finance team represents liner companies in securitising receivables, and the litigation team often advises in connection with mortgage enforcement work and arbitration issues.

On the aviation side, the practice represents clients such as Cathay Pacific, Dragonair, Air Hong Kong, Air Pacific, AerCap, ICBC Financial Leasing, Banc of America Leasing, Macquarie AirFinance, and BNPP on aviation finance work. It also advises on other types of aviation work, including acquisitions, joint ventures and litigation.

Experienced partner Julie Zhang leads Mayer Brown JSM’s China tax practice, which advises on a wide array of tax issues including enterprise income tax, value added tax, business tax, property related tax, customs duties, and withholding tax matters. Zhang and her team are well regarded in the market, with one peer noting: “Mayer Brown JSM really does have a presence in China and a full tax team. The firm really does know Mainland law enough to be able to advise incoming companies on tax matters.”

Mayer Brown JSM’s tax advisory team recently represented Swire Hotels in relation to its work with Sino Ocean Land on the operation of Beijing’s Jingtai Hotel, allowing both parties to come to a commercially practical and efficient arrangement.

Known for its strong relationships with the Hong Kong branches of international banks and local Hong Kong and PRC clients, Mayer Brown JSM often works on mid-sized equity capital market transactions. The firm is appreciated by clients for its genuine knowledge of the Hong Kong and China environments, and is staffed with a critical mass of bilingual and dual-qualified partners and associates.

One client says: “The firm is very knowledgeable, very experienced and very flexible. It is good in cases relating to China exposure of Hong Kong companies. The firm has been very innovative.”

This past year, Mayer Brown JSM’s banking team represented Hang Seng Bank in Hong Kong’s first Rmb syndicated loan. The US$50 million multi-currency facility was for integrated solutions railway signalling provider China Automation Group.

Irene Lau and Allan Yu are leading partners in the practice.

Respected for its relationships with Hong Kong companies, and its deep understanding of Chinese and Hong Kong law, Mayer Brown JSM has a robust practice that advises both domestic and international companies on M&A matters. Clients have high praise for veteran M&A partner Martin Robertson in particular. “Robertson brought unrelenting yet harmonious skills to the negotiation table,” says one client. “We could not have finalised the joint venture agreement under favourable terms without him. He was always accessible, by telephone or email, armed to the teeth, and ready to go to war. His legal judgment and business acumen are beyond reproach. He is truly brilliant.”

Other leading lawyers in the practice include Stephen Bottomley, Ian Lewis, Martin Robertson, Derek Tsang and Patrick Wong.

Mayer Brown JSM’s real estate finance and acquisition practice is led by partner Keith Cheung. Andrew MacGeoch and Kevin Owen lead the real estate development and commercial, and construction and engineering practices, respectively. The firm’s solid relationships with leading Hong Kong real estate and construction companies make it the go-to firm for many high profile developments in the city.

In one recent example, Mayer Brown JSM’s real estate partners advised Swire Properties in the purchase and partial sale of PCCW Tower.

Mayer Brown JSM stands out in Hong Kong for the size of its dispute resolution practice. The 80 lawyer practice is also one of the oldest disputes practices in Hong Kong and China. The firm has particularly strong relationships with leading Hong Kong companies, and is known for being able to expertly navigate Hong Kong’s legal landscape. Clients include leading multinational corporations, Hong Kong media organisations, and public bodies and authorities.

In a matter that was indicative of Mayer Brown JSM’s cross border China capability, the firm last year represented a Hong Kong based developer on its investment disputes in Mainland China. The team also advised an international financial institution in connection with a complicated dispute with the PRC government.

Experienced litigation partners Nicholas Hunsworth and Jacob Tse are leading lawyers in the practice.

Star partner Kenny Wong is head of Mayer Brown JSM’s Asia wide intellectual property and information technology groups. The IP group in Hong Kong handles both commercial and contentious IP issues, and Wong has a niche entertainment practice that advises A-list celebrities, major record companies and international film production companies. In 2010, Wong advised on local contracts for the production of the movie ‘Contagion’, and also counseled Universal Pictures on the Hong Kong law aspects of the international production ‘Battleship’.

This past year, Mayer Brown JSM’s IP team acted for client Seven Towns in dealing with over 30 infringers by stopping counterfeits and imitations of the classic Rubik’s Cube puzzle.

With a client list that includes leading international financial institutions, multinational corporations and government bodies, Mayer Brown JSM certainly has a robust IT, Telco & Media practice. Leading partner Geof Master has deep experience when it comes to outsourcing and technology transactions.

Partner Kenny Wong, who also has a leading IP practice, enjoys close relationships with media and celebrities in Hong Kong, and often helps to coordinate contracts for the Hong Kong portions of major international film shoots. Partner David Ellis is also a leading lawyer in the practice.

All three partners are jointly advising Hong Kong Hospital Authority on the creation and implementation of an e-Health Record system for patients. The centralised system for holding patient health records could be used by public and private providers.

Mayer Brown JSM has an enviable list of leading multinational clients who turn to the practice for Hong Kong related employment advice. Partner Duncan Abate is head of the employment and benefits group.

This past year, the firm has advised on several high profile cases for long term client Cathay Pacific Airways. In one key matter that was monitored closely in the media, the Mayer Brown JSM team represented the carrier on its appeal to the Court of Appeal in relation to calculating statutory benefits for a cabin crew. The appeal was also closely monitored by Hong Kong employers, as the ruling could have meant implications for their own employees. Abate also led a team that advised Bank of America Merrill Lynch connection with a claim by a former employee for wrongful termination and unlawful discrimination.

Mayer Brown JSM fields a robust team in Hong Kong, with Alastair MacAulay heading the shipping department and Richard Stock heading the aviation practice. McAulay’s shipping practice is well known and often acts for major Chinese financial institutions in ship financings, purchases and leasebacks. The shipping group also advises on special purpose vehicles with ship assets and the restructuring of shipping companies.

Stock’s aircraft practice specialises in aircraft purchasing for carriers, and also advises financial entities on aircraft leasing. The firm’s clients include Cathay Pacific, Dragonair, Air Hong Kong, Air Pacific, AerCap, ICBC Financial Leasing, Banc of America Leasing, Macquarie AirFinance, BNPP and other financial and leasing institutions. The firm also advises on a host of aviation matters above and beyond just financings.

Partner Julie Zhang leads Mayer Brown JSM’s tax practice through the firm’s Beijing office. The firm is the go-to practice for advising on tax matters relating to mergers and acquisitions, supply chain management models and foreign direct investment. Its tax professionals are experienced in Chinese regulations, tax, customs and foreign exchange laws.

Zhang recently led a Mayer Brown JSM team that represented Swire Hotels in relation to its cooperation with Sino Ocean Land for the operation of Beijing’s Jingtai Hotel. The team was able to help create a commercially practical and tax efficient arrangement. The team also advised AEW Capital on its purchase of the Beijing Metropolis office tower from HSBC Nanfeng & ECM. The team helped AEW to structure the deal and understand the effects of tax issues on pricing.

“I recommend Mayer Brown JSM and I don’t believe there is a better banking team after working with them,” says one client. The firm’s first-class banking and finance practice is led by partners Hoang Anh Nguyen and Mai Phuong Nguyen and can boast an impressive client list. This includes major financial institutions such as HSBC, ANZ, IFC, Credit Agricole and Sumitomo Mitsui Banking Corporation.

The firm acted as Vietnamese legal adviser to Vietinbank in connection with a US$182 million equity investment and a US$125 million subordinated debt investment by IFC, a member of the World Bank Group, and IFC Capitalization Fund.

Another highlight was advising Vietnam Posts & Telecommunication Group as borrower in relation to a syndicated loan agreement entered into between it and BNP Paribas with Natixis as arrangers.

The head of Mayer Brown JSM’s M&A practice is Dao Nguyen, a highly regarded practitioner that is described by one peer as “technically very strong, extremely knowledgeable and very methodical in her approach”.

Nguyen is ably assisted by partner Hoang Anh Nguyen, who led the firm’s team in assisting private sector company, Hoang Anh Gia Lai, to become the first Vietnamese company to list overseas. Hoang Anh Gia Lai closed a US$56.5 million global depositary receipt offering on the London Stock Exchange.

The firm also advised the shareholders of Indochina Capital Corporation, a long-standing foreign invested fund management company in Vietnam, on its disposal of a 25% equity stake in Indochina Capital to Japanese listed financial services Orix Group.

Mayer Brown JSM’s innovative practice group has a reputation for its strong understanding of local law and its application, and this has helped clients achieve their commercial objectives in Vietnam.

Partner David Lim advises extensively on foreign investment projects and is highly regarded for his “strong recognition of details in complex transactions”, says one rival partner.

The firm advised Vietnam Azalea Fund on its strategic investment in Nam Long Investment Corporation, a leading Vietnamese private real estate developer with 572 hectares of land bank in prime locations across southern Vietnam.

Another highlight was acting on the landmark Nam Hai deal, which involved a six-star resort managed by General Hotel Management. The firm created an investment structure that gave foreigners the right to use luxury villas in Vietnam.

Mayer Brown JSM’s practice covers a wide range of disputes spanning the real estate, projects, energy and media sectors. The team is led by partners Dao Nguyen and Mai Phuong Nguyen, both of whom are very capable in representing local and international clients. They are ably supported by senior associate Kevin Hawkins, who advises clients on litigation, business formation, oil, gas and corporate governance.

The firm advised Vinh Hoan Corp on a landmark cross border deal involving reversal of the anti-fish dumping ruling by the US Department of Commerce.

The Mayer Brown JSM practice is led by Dao Nguyen, who is one of the most recognisable figures in Vietnam. Renowned for advising a wide range of clients on leasing and land acquisitions, the firm has had another strong year in the natural resources sector. Co-leader of the practice is Kevin Hawkins, who specialises on matters relating to oil, gas and power.

The firm advised Vietnam National Coal and Mineral Industries Group as borrower in relation to a US$100 million syndicated loan agreement. This involved Sumitomo Mitsui Banking Corporation and JBIC as lenders.