Practice of law: case studies

Read the other FT Innovative Lawyers Asia-Pacific ‘Best practice case studies’, which showcase the standout innovations made for and by people working in the legal sector:

Business of law
In-house

Standout

Winner: Linklaters
Originality: 9; Leadership: 8; Impact: 8; Total: 25
The firm helped advise on the creation of Swap Connect, which allows international investors to tap into China’s onshore interest rate swap market via links with Hong Kong. The initiative, launched May 2023 with the backing of Chinese President Xi Jinping, aims to support Hong Kong as a financial trading hub while delivering a bigger and more efficient derivatives market for China’s own domestic market. It follows the creation of similar “Connect” programmes for stocks and bonds. Lawyers at the firm advised bourse operator Hong Kong Exchanges and Clearing on the design of the Swap Connect clearing link agreement, which allows foreign investors to remotely trade and clear renminbi interest rate swaps to hedge their debt exposure.

A&O Shearman
O: 8; L: 8; I: 8; Total: 24
The firm helped China-backed telecoms company Dito Telecommunity secure a 15-year $3.9bn loan arrangement to fund the rollout of its telecoms network in the Philippines. The long-term financing deal, struck last September, was supported by a group of international banks. The funds raised are to pay for expansion of the network — the launch of which, in 2021, was backed by former Philippines president Rodrigo Duterte, in an attempt to challenge the historic duopoly of the country’s two dominant suppliers.

Sullivan & Cromwell
O: 8; L: 8; I: 8; Total: 24
The firm advised Japan’s SoftBank on last September’s initial public offering of its UK chip designer, Arm, in the US. The lawyers helped SoftBank acquire an additional 25 per cent of Arm from its Saudi-backed investment partner Vision Fund to obtain full control of Arm ahead of the flotation, which then saw the Japanese company retain 90 per cent of the business while raising about $5bn.

Highly commended

Dechert
O: 7; L: 8; I: 8; Total: 23
The firm advised ACEN, the energy arm of Philippines conglomerate Ayala, on securing project finance for its 24 per cent stake in the $1bn 600-megawatt Monsoon Wind development in Laos. Work has begun on installation of the wind farm, which will export generated electricity to Vietnam under a 25-year offtake agreement.

Commended

Hogan Lovells
O: 7; L: 7; I: 7; Total: 21
The firm helped Indian car parts maker Samvardhana Motherson International acquire an 81 per cent stake in Japan’s Yachiyo Industry, a subsidiary of Honda Motor. The deal required Honda to buy out minority shareholders in the Tokyo-listed company to allow it to be taken private, with Honda maintaining a minority stake.

Allen & Gledhill
O: 7; L: 6; I: 6; Total: 19
The firm acted as Singapore adviser to Bayfront Infrastructure Capital on the complex launch, last September, of infrastructure asset-backed securities valued at $410mn. It worked alongside international counsel Latham & Watkins. The transaction was the fourth such issuance by Bayfront.

Deacons
O: 7; L: 6; I: 6; Total: 19
The firm advised asset manager BEA Union Investment on the reclassification of its Asian bond fund as an impact fund last July. The changes, authorised by Hong Kong regulators, will see the renamed Asia Impact Bond Fund primarily invest in bonds backing environmental and social improvement projects.

Standout

Winner: Trilegal
Originality: 9; Leadership: 8; Impact: 8; Total: 25
The firm advised the education charity SGBS Unnati Foundation on becoming the first organisation to list on India’s Social Stock Exchange in December. The government-sponsored platform — created last year as a sub-category within India’s existing stock exchanges — is designed to help charities and other social enterprises subject to its oversight to raise funds, by strengthening confidence among potential donors and investors.

The lawyers advised Unnati on meeting regulatory conditions to launch the debut fundraising on the exchange, which secured Rs2 crore ($240,000) to finance training for 10,000 underprivileged young people.

Freshfields Bruckhaus Deringer
O: 8; L: 8; I: 8; Total: 24
The pro bono team helped the Hong Kong branch of global children’s charity Plan International to create a safeguarding framework for kindergartens, in 2023. The lawyers advised on the compilation of guidelines, which have been circulated to more than 1,000 kindergartens via a manual and e-learning platform for free.

The initiative also offers tests and accreditation to caregivers. The lack of official guidance on safeguarding had recently been highlighted, publicly, by cases such the prosecution of 34 staff for mistreatment of children in a care home.

Gilbert + Tobin
O: 7; L: 10; I: 7; Total: 24
The firm supported the Yes23 campaign, which sought improved constitutional recognition for Aboriginal and Torres Strait Islander people through Australia’s 2023 “Voice” referendum. Gilbert +Tobin’s co-founder and chair, Danny Gilbert, co-chaired one of the leading groups campaigning for the change, and the firm helped with fundraising, hosting meetings, and providing administrative and legal support. Early support faded as the proposal failed to secure the majorities required to pass despite government support, but 40 per cent of Australians supported the campaign.

Highly commended

DLA Piper
O: 7; L: 8; I: 7; Total: 22
Lawyers at the firm have represented East Timor pro bono at the International Tribunal for the Law of the Sea (ITLOS) and, subsequently, the International Court of Justice to argue for mitigations over the impact of climate change.

The firm advocated for obligations on other states that would still protect the right of East Timor and other small island developing countries to further industrial development, as part of a fairer global transition to net zero greenhouse emissions.

Commended

Lander & Rogers
O: 7; L: 8; I: 6; Total: 21
As one of the first Australian law firms to commit itself to achieving net zero emissions by 2030, Lander & Rogers supported several initiatives under its “climate and just transition” pro bono programme. Efforts included seconding law firm staff to a number of climate activist and litigation organisations to work pro bono.

Morrison Foerster
O: 5; L: 6; I: 8; Total: 19
Marcia Ellis, global co-chair of the firm’s private equity office, worked with a team of associates to support Justice Centre Hong Kong, a charity that advises refugees and asylum seekers. They worked together to develop a public database of case law covering detention of immigrants in the territory. Since its launch in June 2023, the resource has been used by Justice Centre staff, researchers, other campaign groups and immigration lawyers.

Nagashima Ohno & Tsunematsu
O: 6; L: 7; I: 6; Total: 19
Tokyo English Language Lifeline (Tell), a Japanese philanthropic organisation offering mental health support, was considering closing one of its clinics because rules governing its prescription of medicines looked too ambiguous. But the law firm secured a clarification from regulators that meant it could continue to operate.

Standout

Winner: MinterEllison
Originality: 8; Leadership: 8; Impact: 10; Total: 26
The firm successfully defended Australian media company Nine Entertainment and investigative journalists Nick McKenzie and Chris Masters in a protracted, high-profile, and politically contentious case when they were sued for defamation by Australia’s most decorated living soldier, Ben Roberts-Smith.

In June, the Federal Court found that the lawyers had substantially proved the truth of the allegations contained in articles from 2018 that Roberts-Smith had committed war crimes, including the killing of unarmed civilians in Afghanistan. The lawyers also dealt with challenging secrecy requirements relating to documents and witness testimony.

Hogan Lovells
O: 8; L: 8; I: 8; Total: 24
The firm helped Lego sue Chinese competitor Longteng for infringement of the Danish toymaker’s copyright. The lawyers persuaded a Chinese court to make a judgment based on inspection of a sample of 54 units out of 1.6mn boxes of seized goods. In December, the court in Shanghai ordered Longteng to pay Rmb600mn ($83mn) to Lego and sentenced five individuals to up to nine years in prison.

Highly commended

Numen Law Offices
O: 7; L: 8; I: 8; Total: 23
Lawyers persuaded the High Court of Kerala to issue guidelines for tighter handling of sexually explicit evidence by law enforcement agencies and state courts. The move came after illegal access was gained to visual evidence during proceedings that followed the sexual assault of a client in 2017.
This item has been revised since original publication.

WongPartnership
O: 7; L: 7; I: 8; Total: 22
The firm helped German telecoms group Deutsche Telekom enforce an award in Singapore of $93.3mn plus costs against India over the breach of a bilateral investment treaty, originally granted through arbitration in Geneva. Lawyers persuaded the Singapore Court of Appeal to apply the legal principle of “transnational estoppel”, which prevented India from relitigating claims already rejected by the Swiss court.

Commended

Anand and Anand
O: 7; L: 7; I: 7; Total: 21
The firm won an interim order for Indian actor Anil Kapoor before the High Court of Delhi when he sued 16 defendants last year for misusing artificial intelligence. They were accused of exploiting his image and voice to create deepfakes for commercial gain, in ringtones and other merchandise. The case has led to increased scrutiny over the legality of deepfake practices in India.

Rajah & Tann Singapore
O: 7; L: 7; I: 6; Total: 20
The firm’s lawyers defended Chinese tech company NetEase Games against an application for an interim injunction in Singapore in December 2022 to force withdrawal of a video game from sale.

Rival US video developer Riot Games had claimed NetEase’s game Hyper Front infringed the copyright of its similar Valorant combat game, as part of a campaign of action in several jurisdictions. However, NetEase did withdraw the game from the market last April, following legal challenges in various jurisdictions.

Standout

Winner: Sidley Austin
Originality: 8; Leadership: 9; Impact: 8; Total: 25
The firm advised Chinese developer Sunac through a $10bn offshore debt restructuring last year, one of the first of its kind among China’s distressed property companies, following a widespread wave of defaults since 2021. It narrowed down the company’s complex creditor structure to a single class by use of a court-led scheme of arrangement and refinanced the existing debt into convertible bonds — in line with Hong Kong regulation.

Clifford Chance
O: 8; L: 8; I: 8; Total: 24
The firm advised Italian construction group WeBuild on the rescue and restructuring of Clough, the troubled Australian building company, last year. The lawyers helped strike a deal with Clough’s administrator and creditors, preventing the collapse of the business. This required the renegotiation of hundreds of contracts in a 12-week period and saved more than 1,100 jobs. Among the projects saved were Snowy 2.0, a multibillion-dollar hydro power extension project.

Highly commended

Pinsent Masons
O: 8; L: 8; I: 7; Total: 23
The firm advised the International Finance Corporation, the investment arm of the World Bank, on its $67mn financing of a transport terminal in Laos. This involved separating the contractual agreements of the project in the country’s capital from a wider logistics development. The deal, which closed in December, is designed to divide the project into two “bankable” concessions to encourage further additional funding.

Morgan Lewis
O: 9; L: 7; I: 7; Total: 23
The firm advised PNG Air, Papua New Guinea’s second-largest domestic airline, in securing a vital writedown of debts under a court-approved creditor scheme to avoid bankruptcy. The lawyers teamed up with other advisers to secure backing for the restructuring, formally approved in December, through which major creditors swapped debt for equity in the business.

Rajah & Tann Singapore
O: 8; L: 7; I: 7; Total: 22
The firm worked as lead counsel for DeFi Payments following the collapse of its crypto exchange, Vauld, in July 2022 when a surge of withdrawals by customers forced it to reveal a $70mn shortfall of funds. Lawyers worked alongside new management on a court-supervised scheme approved in August last year, to retrieve what remains of its assets and provide customers with the means to retrieve part of the value of funds originally invested.

Commended

Corrs Chambers Westgarth
O: 8; L: 7; I: 6; Total: 21
The firm advised Mineral Resources on last year’s acquisition of the Bald Hill lithium mine in Western Australia, for A$260mn including assumed debt, after its previous owner went into administration four years earlier. The lawyers helped strike the deal by using independent experts to value the mine — despite hopes among some former shareholders of a higher premium.

Standout

Winner: Trilegal
Originality: 8; Leadership: 8; Impact: 9; Total: 25
The firm drafted a policy for India’s Open Network for Digital Commerce, a government-backed scheme designed to encourage ecommerce expansion and competition. The network aims to connect different platforms through technology, enabling all buyers and sellers to transact with each other regardless of which app they are on.

The scheme was created by India’s commerce ministry to encourage small traders to move their businesses online and promote competition with established platform providers. The policy is designed to be fit for future regulatory changes.

MinterEllison
O: 7; L: 8; I: 9; Total: 24
The firm helped Genomical, an Australian genomics data collaboration between hospitals and academic groups, become a commercial enterprise. The firm devised a structure to balance the interests of investors with stakeholder control over product development. It structured shareholder rights and negotiated intellectual property rights to take account of the platform’s potential use by hospitals around Australia for genetic tests and other medical applications.

Highly commended

Sidley Austin
O: 8; L: 8; I: 7; Total: 23
The firm represented Chinese chip developer BaTeLab in the vetting process for listing on the Hong Kong stock exchange in December. The lawyers drew on their drafting of the legal prospectus and specialist knowledge of the semiconductor industry to inform the HKEX about the company and its products.

Commended

Tilleke & Gibbins
O: 6; L: 7; I: 8; Total: 21
The Thai firm’s local expertise helped global tech companies Amazon and Google navigate foreign investment restrictions to take part, alongside Microsoft, in investing $8.5bn to build data centres in Thailand.

Shardul Amarchand Mangaldas & Co
O: 6; L: 7; I: 7; Total: 20
The firm helped telecoms operator Reliance Jio secure financing to buy equipment worth over $2.bn from Sweden’s Ericsson through a loan facility with several banks. Syndicated loans of its scale are rare in India, requiring the lawyers to liaise closely with regulators.

Anand and Anand
O: 7; L: 7; I: 6; Total: 20
The firm helped US tech groups Microsoft and Amazon pursue a case against an India-based scam that involved impersonating support staff and defrauding customers of both companies. The lawyers convinced India’s Central Bureau of Investigation to register this as a rare joint case.

Standout

Winner: Morgan Lewis
Originality: 8; Leadership: 8; Impact: 9; Total: 25
The firm assisted Singapore-based global port operator PSA International in setting up a joint venture with Kazakhstan’s state-owned railway operator, Kazakhstan Temir Zholy.

To satisfy PSA’s preference, the business is subject to the AIFC Court, an independent jurisdiction following English common law based in the Kazakh capital Astana that is separate from the country’s domestic judicial system.

The combined entity, KPMC, was unveiled last May and aims to improve rail route connections and trade flows from China and the rest of Asia to Europe via Kazakhstan.

Gilbert + Tobin
O: 9; L: 8; I: 7; Total: 24
The firm advised Sigma Healthcare in striking a proposed reverse takeover deal with its larger Australian pharmacy rival, Chemist Warehouse. Under the terms of the deal, announced in December, shareholders in privately owned Chemist Warehouse would hold an 85 per cent stake in the combined business, which would take on the Australian Securities Exchange listing of Sigma and have an indicative market capitalisation of A$8.8bn.

The company obtained “in principle” advice from the ASX that it would not need to repeat compliance with the exchange’s admission and quotation requirements following its effective takeover by the larger Chemist Warehouse. The deal remains subject to approval by the Australian Competition and Consumer Commission.

Highly commended

Dechert
O: 7; L: 8; I: 8; Total: 23
The firm advised Capital Square Partners on its merger with Basil Technology Partners in 2023. The deal created a merged fund valued at $700mn that provides investors with access to a larger pool of technology assets, or the ability to cash out of original investments. The assets are spread across multiple jurisdictions in south-east Asia and it has become one of the largest technology funds in Asia.

Nishimura & Asahi
O: 8; L: 8; I: 7; Total: 23
The firm advised Toshiba, the Japanese electronics conglomerate, on reverting to private ownership following 74 years as a public company and, latterly, eight years of accounting and governance turmoil.

The lawyers helped to secure a $15bn offer from a consortium led by private equity firm Japanese Industrial Partners, following a protracted sales process that paved the way for the country’s biggest ever take-private deal.

Ensuring transparency with the shareholders and encouraging competition among bidders was crucial in concluding the sale of the business, given the heightened scrutiny of Toshiba prompted by the recent controversies.

Commended

Freshfields Bruckhaus Deringer
O: 7; L: 7; I: 7; Total: 21
The firm helped Zurich Insurance acquire an enlarged majority stake in Indian insurer Kotak Mahindra General Insurance for $488mn. The proposed stake rose from 51 per cent plus additional considerations to 70 per cent outright, requiring the lawyers to design a structure to comply with regulatory limits on foreign ownership of Indian insurers. If the deal goes ahead, it will represent the largest foreign investment into India’s non-life insurance market.

Resolüt Partners
O: 6; L: 7; I: 7; Total: 20
The firm advised Singaporean sovereign wealth fund GIC on the creation of a joint venture with Genus Power Infrastructure, an Indian smart meter maker. GIC holds 74 per cent, with Genus holding the remainder of the business, which is committing $2bn in capital to supply smart metering across India.

Standout

Winner: DLA Piper
Originality: 8; Leadership: 8; Impact: 9; Total: 25
A team of lawyers based in Hong Kong helped Dubai’s Virtual Assets Regulatory Authority (Vara) create a compliance framework for all cryptocurrency and other digital asset businesses. Lawyers worked with the emirate’s regulator to draft a rule book aimed at promoting Dubai as a hub for cryptocurrency investment while ensuring consumer protection. By April 2023, the regulator had granted 19 licences.

Allen & Gledhill
O: 8; L: 8; I: 8; Total: 24
The firm advised Singapore-based global carbon exchange Climate Impact X ahead of its first trading day, in June 2023. The venture — which aims to establish Singapore as a regional hub that can challenge other global exchanges in voluntary carbon emission trading — is backed by Singapore Exchange, state investor Temasek, and the banks DBS, Standard Chartered and Mizuho. The exchange aims to attract international carbon traders keen to buy credits created by the accredited projects designed to curb greenhouse gas emissions.

Ashurst and Linklaters
O: 8; L: 8; I: 8; Total: 24
When the Hong Kong government issued a $750mn green, multi-currency digital bond, Linklaters acted for global bank HSBC, and Ashurst represented its blockchain platform HSBC Orion, where the bond is hosted. Lawyers from both firms liaised with regulators and helped redesign the bond documentation to reflect its use of blockchain.

The lawyers ensured the hosting digital platform was directly connected to Hong Kong’s central clearing house so investors could subscribe to the bond without having to open new accounts.

Highly commended

Baker McKenzie
O: 7; L: 8; I: 8; Total: 23
In November 2023, the firm helped Singapore’s DBS Bank, Switzerland’s UBS, and Japan’s SBI Digital Asset Holdings to structure the world’s first cross-border repo and natively-issued digital bond fully executed and settled on a public blockchain. The transaction, which was sponsored by the Monetary Authority of Singapore, aimed to test the feasibility of applications in asset tokenisation and decentralised finance deploying distributed ledger technology.

Clifford Chance
O: 8; L: 8; I: 6; Total: 22
The fintech team advised on Singapore’s first live cross-border transaction using tokenised deposits between financial services company JPMorgan and Japanese digital asset service provider SBI Digital Asset Holdings, in November 2022. The lawyers contributed to the development of new regulation that clarifies that these tokenised deposits will not be classed as securities.

Commended

Howse Williams
O: 7; L: 7; I: 7; Total: 21
The firm helped Tykhe Capital investment group win approval from the Hong Kong securities regulator to tokenise a real estate asset fund through a subsidiary, Pioneer Asset Management. The rarity of tokenised real estate asset funds in the region meant lawyers had to show how it complied with existing regulation. The transaction aims to set a blueprint for future tokenisation projects in Hong Kong.