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VMITCHELL ANDREWS AND KERRY MARTINTHE PLExUS GROUPE

MARLA R. WESTON AND DR. RALF DEUTLMOSER, LL.MCARROLL, BURDICK & MCDONOUGH (CBM)

SCOTT M. VETRIKATTEN MUCHIN ROSENMAN LLP

UDO PFLEGHARBEST RECHTSANWäLTE

RODRIGO ALBAGLIALBAGLI ZALIASNIK ATTORNEYS

PAUL STEINHAUSERARNOLD + SIEDSMA

MARK H. TUOHEYBROWN RUDNICK LLP

MICHEL MOLITORMOLITOR AVOCATS à LA COUR

ANDREW WHITEHEADMARTINEAU

LUIS A. CERVANTESCERVANTES SAINZ ABOGADOS

ANDREA POLIZZI AND SILVIA COLOMBOJENNY & PARTNERS

FRANCIS MACKIEEDWARDS ANGELL PALMER & DODGE UK LLP

BRIDGET TREACYHUNTON & WILLIAMS

SONALI SHARMA AND VEENA SIVARAMAKRISHNANJURIS CORP

GILES BAxTERVIBERTS JERSEY LAWYERS

PHILIPP REUSCH AND MENDERES GüNESREUSCH RECHTSANWäLTE

STEPHAN NETZLENETZLE RECHTSANWäLTE

YIANNOS G. GEORGIADESGEORGIADES & MYLONAS

monthlyLAWYER

M

NEWS l MOVES l FEATURES l LEGAL UPDATES

Br ing ing Bus iness & the legal profess ion together MARCH 2011

Ringing the changes

Vodafonetalks dataregulation

Inside this issue...

Interview:

Inside this issue...

Leading LAWYER 100Asia Pacific

march 2011

www.lawyer-monthly.com editor’s note 4

Welcome to Lawyer Monthly…It seems that spring has finally sprung in the northern hemisphere andeveryone is in a positive mood. The air is heavy with the sense ofreawakening and refreshment that the onset of the warmer weather bringswith it every year. Within the legal world, this sense of refreshment may alsohave something to with the fact that there is so much legislative change underway at the moment - the legal world is being reawakened andrevitalised, just as we are.

As our cover story shows, the FSA is currently carrying out importantregulatory changes to mobile recording laws, as well as beginning theimplementation of a major new directive which aims to level the playingfields of insurance. The EU is also launching a review of the InsuranceMediation Directive (IMD), which will aim to address the weaknesses in thecurrent directive across the EU’s member states.

Of course, the UK’s 2011 budget was announced this month, and we alllistened with baited breath as Chancellor, George Osborne, detailed how ourlives and businesses would be affected for the next year.

As well as the welcome news regarding the rare occurrence of fuel pricesnot being raised, I was very interested to hear about the plans to clamp downon ‘no win, no fee’ legal services, which will no doubt be welcome news for theUK’s insurance industry, however, it is not necessarily so for the legal sector.The catalyst for this restriction was a recommendation by Lord Young, theGovernment’s advisor on Health and Safety law, in his report ‘CommonSense, Common Safety’. The report called for advertising restrictions withregard to ‘no win, no fee’ compensation claims, an issue on which many haveblamed rising insurance premiums over the last decade or so.

Opinion may be divided on this subject, as ‘no win, no fee’ was originallyimplemented to enable those on lower incomes access to legal support. Thereis a very real risk that any restrictions on this type of legal service provisionmay once again obstruct less well-off people in the pursuit of legal advice andsupport, leaving them exposed to injustice. However, others may hold theopinion that the market seems to be saturated by ‘no win, no fee’ legal firmslately and the well-established, more reputable lawyer tends to lose out infavour of the prospect of a quick buck. With restrictions in place, perhapsthese law firms will be given the chance to flourish once more. Whatever youropinion on this, ultimately we will have to wait and see how these restrictions are put in place, and how severe they are – watch this space!

EDITOR’SNOTE

Claire Higgins

Editor

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A George Washington Law School graduate,Satyapon Sachdecha is the founding partner ofSatyapon & Partners and practices exclusively in allaspects of IP law, including trademark and patentprosecution, licensing, franchising, and enforcementof IP rights.

He is currently the President of the IntellectualProperty Association of Thailand. He has served asa trainer and guest speaker for the Royal ThaiPolice, the IP & IT Court, the Customs Department,the Department of Intellectual Property, variousThai government agencies, and private institutions.He teaches trademark law at two leading lawschools in Bangkok and is an appointed TrademarkBoard member.

He has been appointed by the Ministry ofCommerce and Ministry of Justice to variouscommittees to draft laws and regulations on IP andothers.

Mr. Sachdecha received his LLB from Thailand'soldest and most respected law school - ThammasatUniversity, Bangkok. He received his master’sdegrees in law from the University of Miami School

of Law and the George Washington University,National Law Centre, Washington DC.Mr. Sachdecha is an active member of INTA, AIPPI,APAA and various other organizations.

He has been listed as a leading IP individual bynumerous publications up to the present.

Satyapon Sachdecha Trademark Law

Contact:

Satayapon Sachdecha

Satyapon & Partners Ltd

One Pacific Place, 9th Floor

140 Sukhumvit Road

Bangkok 10110, Thailand

Tel: +66 2254 8858

Fax: +66 2254 2550

Mobile: +66 81 837 8855

E-mail: satyapon@satyapon.com

Website: www.satyapon.com

Mr. Sachdecha is currently the

President of the IP Association of

Thailand (IPAT). He is regularly

appointed by the Government

of Thailand to draft new IP

legislation and to consult on

regulatory changes.

Name Law Firm Practice Area Country

christopher lau 3VB arbitration singapore

nimish Vakil tyabji Dayabhai aviation india

shardul J. thacker mulla & mulla & craigie Banking & finance india

hiroo atsumi atsumi & sakai Banking & finance Japan

mark fucci Bingham Banking & finance china

rizwan akhund akhund forbes Banking & finance pakistan

m. iqbal hadromi hadromi & partners Banking & finance indonesia

siddharth shah nishith Desai associates Banking & finance india

Bishr shiblaq arendt & medernach Banking & finance Dubai

eric J. milne Jones Day Banking & finance Dubai

george lin lin & partners Banking & finance taiwan

charles hwang yangming partners Banking & finance taiwan

gabriel moyal-maor hamburger evron & co. Banking law israel

tony grundy morrison & foerster capital markets Japan

Kaashif Basit KBh Kaanuun commercial Dispute resolution Dubai

c.t. chang lee & li commercial finance taiwan

tae il, Kwon Kwon & moon commercial law south Korea

David chu Dechert commercial litigation hong Kong

Kelly s. austin gibson Dunn commercial litigation hong Kong

Bryce town morrison kent commercial real estate new Zealand

K.t. Jung Kim & chang competition law south Korea

Wang Jihong V&t law firm construction law china

Brian clayton shearman & sterling llp construction law uae

adrian cole simmons & simmons construction law Dubai

ronny chow Deacons corporate finance hong Kong

Bernadette chen conyers Dill & pearman corporate finance hong Kong

Kerri lefebvre conyers Dill & pearman corporate finance Dubai

shalini agarwal almt legal corporate immigration india

alex hsin guo Ju law firm corporate law taiwan

Here is 2011’s final 100 Leading Lawyer list from the Asia Pacificregion, listed by discipline. Once again, Lawyer Monthly would liketo congratulate all of the winners, and thank everyone who votedfor their time.

Blunt & caroe

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cedric g. lam Dorsey & Whitney intellectual property hong Kong

alban Kang Bird & Bird intellectual property singapore

peter chow Bryan cave international arbitration china

thomas m. Britt iii Debevoise & plimton llp international m&a china

lei Wang gaopeng & partners international trade china

stephen s. Kho akin gump strauss hauer international trade china

emir nurmansyah ali Budiardjo, nugroho, international transactions law indonesia

philip Jeyaretnam, sc rodyk & Davidson llp litigation & arbitration singapore

Justin Bates gardens lawyers litigation & arbitration australia

Dave Wetherell mayne Wetherell mergers & acquisitions new Zealand

yap lian seng stamford law mergers & acquisitions singapore

carlos abou Jaoude abou Jaoude & associates mergers & acquisitions lebanon

angela Wang angela Wang & co. mergers & acquisitions china

steven Xiang Weil, gotshal & manges mergers & acquisitions china

Benjamin p. fishburne iii Winston & strawn llp mergers & acquisitions china

matthew puhar Bingham mergers & acquisitions hong Kong

andrew m. ostrognai Debevoise & plimton llp mergers & acquisitions hong Kong

Jack J.t. huang Jones Day mergers & acquisitions taiwan

Jacqueline fu K&l gates mergers & acquisitions taiwan

James e.B. atkin Vinson & elkins oil & gas law Japan

Jeffrey a. Blount fulbright & Jaworski llp project finance hong Kong

James harris hogan lovells lee & lee public procurement singapore

norman ho rodyk real estate south Korea

Kang hyeon Bae, Kim & lee llc real estate south Korea

angus henderson Webb henderson regulatory communications new Zealand

chadia elmeouchi Badri & salim el meouchi law firm regulatory communications lebanon

abdul aziz al-yaqout Dla piper restructuring & insolvency Bahrain

Doo- sik Kim shin kim trade & customs south Korea

takamiki nishikawa anderson mori & tomotsune trade & customs Japan

carrick robinson James & Wells trademark law new Zealand

rebecca lo rebecca lo & co trademark law china

mehmet nazim aydin Deris Deris trademark law turkey

Darani Vachanavuttivong tilleke & gibbins trademark law thailand

satyapon sachdecha satyapon & partners trademark law thailand

eugene c. gregor Davis polk corporate law Japan

nilobon tangprasit chavalit law group corporate law thailand

hilda chiu stephenson harwood corporate law china

lilian Woo conyers Dill & pearman corporate law china

izumi akai sullivan & cromwell llp corporate law Japan

timothy goh trowers & hamlins corporate law Bahrain

Wendy Blacker gadens lawyers corporate risk & insurance australia

aliff fazelbhoy almt legal corporate tax india

David smyth Barlow lyde & glibert Dispute resolution china

torgeir Willumsen Wikborg rein Dispute resolution Japan

howard thmpson mcmahon Butterworth thompson Dispute resolution new Zealand

Jennifer lin tsar & tsai Dispute resolution taiwan

Jonathan choo Dla piper Dispute resolution hong Kong

gareth hughes simmons & simmons Dispute resolution china

martin Downey Blank rome llp Dispute resolution hong Kong

Bill amos ince law Dispute resolution china

matthew lam clyde & co. Dispute resolution hong Kong

Damien laracy laracy & co. Dispute resolution china

Dr r ian mcewin rajah & tann llp economics law singapore

David Doran DfDl meKong energy law Vietnam

yudianta medio n simbolon simbolon & partners environmental law indonesia

oliver agha agha shamsi finance law Dubai

leo c. peng garvey schubert Barer immigration law china

iain g. o. melville mayer Brown insolvency & restructuring thailand

Ben Johnston anderson lloyd insolvency & restructuring new Zealand

carl Dunton ashurst insolvency restructuring singapore

peter coles Barlow lyde & glibert insurance & reinsurance hong Kong

Dr mohan Dewan r.K Dewan & co. intellectual property india

Jason chan amica law llc intellectual property singapore

Jo-ann see amica law llc intellectual property singapore

peter J. Dernbach Winkler partners intellectual property taiwan

marcus rudkin Jackson russell intellectual property new Zealand

sara holder rouse intellectual property Dubai

george Q. fu Watson & Band intellectual property china

matthew a. murphy mmlc group intellectual property australia

Denise mirandah patrick mirandah & co. intellectual property singapore

reksodiputro (abnr)

& feld llp

march 2011

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Kaashif Basit Commercial Dispute ResolutionKaashif was called to the Bar in England & Wales in 1994 andbegan his career in Brussels with a Belgian practice andsubsequently international firm, Hammonds, moving to theLondon office in 1996. In 2000 he joined Clyde & Co in Londonmoving to the Dubai office in 2003. In 2006 he co-founded JSALAW, which was re-branded as KBH Kaanuun in 2010 as aboutique GCC centric corporate/commercial firm with anexisting office in Kuwait and Bahrain to follow imminently.

Kaashif has a broad based contentious and non-contentiouspractice with particular focus on financial services (includingregulatory), real estate and media sectors. He specialises incommercial dispute resolution, international commercialarbitration, alternative dispute resolution and insolvency aswell as offshore structuring of transactions and corporateentities. He is also one of the most active advocates in theDIFC Courts, the Special Tribunal for Dubai World and inInternational Commercial Arbitration matters.

Kaashif is recommended by The Legal 500 - “... very activein DIFC Courts - clients say that he is outstanding for hisbreadth of knowledge, clear, concise and forensic approach"and “his team provide an excellent level of service, while Basithimself is recommended for his ability to think outside the boxand come up with plausible solutions”. Kaashif is also rankedby Chambers & Partners - "... experienced advocate whoknows how to make proceedings run smoothly, as evidenced bythe intelligent and savvy way he handles himself in Court" and“everyone has a lot of respect for Kaashif … is really making aname for himself”.Key recent cases include:• first ever appeal before DIFC Court of Appeal arising fromworldwide Freezing Injunction and Disclosure Order (CFI8/2007 and CA 1/2008 - Ithmar Capital v 8 Investments Inc)• defending a leading asset management and private equity

house in a multi million dollar executive pay and benefitsclaim (CFI 1/2008 - Ibrahim Salim Saad v Shuaa Capital PSC)• first ever Just & Equitable Winding Up Petition (CFI33/2009 – Re Orion Holdings Overseas)• first interpleader action in DIFC Courts (CFI 30/2009 – ReAmanah XData)• partnership dispute leading to contested Just & EquitableWinding Up (CFI 23/2009 – Khuram Hussain v Hussain SalehFarid Al-Awlaqi & Others)• US$225m claim for mis-selling structured financial products(CFI 0026/2009 and CA 1/2010 – Al Khorafi v Bank of SarasinAlpen (ME) Ltd & Bank Sarasin & Co Ltd)• first ever Unfair Prejudice claim by minority shareholders(CFI 020/2010 - Ra Dr Alfred Wiederkehr and Ra Dr GeorgWiederkehr v Diwan Capital Limited)• Recognition and Enforcement of DIAC Arbitral Award bySpecial Tribunal for Dubai World (DWT/0003/2010 – VinodKumar Dang v Jumeirah Islands Co LLC)

Contact:Kaashif BasitKBH Kaanuun

Tel: + 971 4 709 6700Fax: + 971 4 709 6711Email: k@kbh.aeWebsite: www.kbh.ae

David C. Chu is a Partner and Head of Dechert’s Asialitigation practice. He focuses his practice onsecurities-related litigation, regulatory compliance, andcommercial dispute resolution. Mr. Chu is qualified bothin New York and in Hong Kong and has extensiveexperience handling Hong Kong High Court litigationinvolving U.S. multinationals, and litigation in U.S.District Courts involving major Hong Kong and PRCbased companies, either doing business or listed inthe U.S.

Mr. Chu has handled numerous internal andgovernment investigations involving regulators both inHong Kong and in the U.S. under various legislation inboth jurisdictions, including the Hong Kong Securitiesand Futures Ordinance, Import and Export Ordinance,U.S. Foreign Corrupt Practices Act, U.S Patriot Act, andothers. He has acted on a number of leading cases in HongKong regarding director misfeasance and shareholders’disputes. Mr. Chu has also worked on a broad range ofdisputes arising from failed securities transactions.Auditors from leading global accounting firms andAsia-based U.S. issuers have consulted Mr. Chu oncompliance issues that concurrently engage both US andHong Kong legislation.

Some of the representative matters that Mr. Chu hashandled include: Leading major internal investigations in

China for two US Fortune 100 companies; representing awell-known asset manager with over US$500 millionAUM in a complex shareholders’ dispute and relatedderivative action in relation to a fund of funds business;advising a US listed PRC multinational on an ICCarbitration against a Spanish based distributor arisingfrom the sale of solar panels valued at circa US$ 30million, with concurrent proceedings in New York andSpain; advising a shareholder of a Hong Kong listedcompany on claims for circa US$ 4 billion in proceedingsbrought in the English courts to recover 20% of the IPOproceeds realized from the flotation of the company; andnumerous engagements on behalf of hedge funds andportfolio managers in the investigation by the Hong KongSecurities and Futures Commission into a broad range ofalleged market misconduct.

Mr. Chu has been recognized by Chambers Asia 2011as a leading lawyer in the areas of dispute resolution andcontentious regulatory work (financial services) in HongKong and China, with clients praising him as a "proactiveand hard-working lawyer who offers practical solutions"and who “understands what we require and deliversprompt and accurate advice.” Chambers Asia alsocommented on Mr. Chu as “a rare talent whom clientsindicated they would definitely go back to."

Mr. Chu is fluent in Cantonese and Mandarin.

David Chu Commercial Litigation

Contact:

David C. ChuPartnerHead of Asia Litigation PracticeDechertHong Kong

Tel: +852 3518 4778Email: david.chu@dechert.comWebsite: www.dechert.com

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