By Vanessa Docherty King & Wood Mallesons’London office.

The Criminal Finances Act (“CFA”) 2017 comes into effect on 30 September 2017.  The CFA introduces two new offences which could affect any company with links to the UK.
What are the offences?
Failure to prevent” the facilitation of UK tax evasion, in the UK; and “failure to prevent” facilitation of foreign tax evasion overseas.
Continue Reading Impact of Criminal Finances Act 2017(2nd draft)

​By Isabel Rodriguez King & Wood Mallesons’ Madrid office.

Directive 2011/61/EU, on Alternative Investment Fund Managers (“AIFMD,” hereinafter the “Directive“) entered into force on July 22, 2011, with a deadline for transposition by the Member States of July 22, 2013. This Directive was transposed into Spanish law by virtue of Law 22/2014 of November 12, which also amended Law 25/2005, governing the former legal framework for private equity.

Despite foreseeable initial concerns regarding the new legal framework, it is safe to say that, in general, the market has been able to easily adapt to the new rules. However, certain inefficiencies requiring correction have become clear, several of which are based on a lack of consistency in application of the regulations by each Member State, and others which are based on mere technical defects in the relevant regulations.
Continue Reading The Regulatory Framework in Perspective: Questions under Review

By Urszula McCormack, Evan Manolios and Marco Sin King & Wood Mallesons’ Hong Kong office.

The gig economy is upon us. The gig economy (or sharing economy) model affects how large parts of modern society work, interact, and in what capacity. How governments grapple with new and emerging working models is important: for maintaining and enhancing business, for the protection of workers’ rights, and for promoting and realising Hong Kong as an innovation hub it desires to be.
Continue Reading The “Gig Economy” : The New Show in Town

By Paul Starr, Justin Lo and Nicholas Lee King & Wood Mallesons’ Hong Kong office.

This seminar took place in January 2017. Panellists were: Ms Pru Bennett (Director and Head of the Corporate Governance and Responsible Investment Team at BlackRock); Mr Carl Wilkins (Fiscal Crime Liaison Officer for HM Revenue and Customs in Hong Kong); Mr Simon Booker (Head of Capital Projects and Infrastructure at PwC Hong Kong); our own Paul Starr; and Ms Gillian Meller (Legal and European Business Director at MTR Corp) as moderator. They shared their insights and expertise on ‘Applying Governance to Open up One Belt, One Road Opportunities’.
Continue Reading Belt and Road risks and mitigation strategies Summary of a Seminar participated in by Paul Starr for the Hong Kong Institute of Chartered Secretaries

By Odette Adams, Christina Crossman and Lauren Murphy  King & Wood Mallesons

​The Finkel Review into the Future Security of the National Electricity Market was released on 9 June. The Report makes some 50 policy recommendations to address the so-called “energy trilemma” – providing affordable, reliable and low emissions electricity for the country.

We have reviewed the recommendations by sector to bring you the probable, real-world implications of this “Blueprint for the Future”. The detail is in the Report, however, and we suggest reading the relatively short sections before each recommendation to understand them fully. 
Continue Reading The Finkel Review – What does it mean for industry?

​By King &Wood Mallesons

King & Wood Mallesons (KWM) is expanding its European platform to further enhance its cross-border capability with the addition of corporate and finance partners, Hui Zhao and Daniel Ehret who will both join the Frankfurt office on 1 October 2017.Consistent with KWM’s global and German strategic priorities, Hui Zhao and Daniel Ehret bring significant additional corporate finance expertise including for clients involved in Sino-German investments. They will complement the currently four partner-strong Frankfurt team of Christian Cornett, Rudolf Haas, Rüdiger Knopf and Sandra Link, who together re-formed the KWM firm in Germany earlier this year with the establishment of KWM Europe Rechtsanwaltsgesellschaft mbH. While the German team has already grown over the last months, e.g. by the joining of corporate counsel Tilmann Becker, Hui Zhao and Daniel Ehret are the first of a group of partners to join. 
Continue Reading King and Wood Mallesons signals commitment to Europe with two significant lateral partner hires in Frankfurt

By Mia Qu King & Wood Mallesons’ Dispute Resolution group

The case

  • Plaintiff: China UnionPay
  • Defendants: Jinan Daonuo Information and Technology Co., Ltd. & Shandong Yuntai Mingde Information and Technology Co., Ltd.
  • Court of Trial (Level): Shanghai Intellectual Property Court (First Instance)
  • Nature of Case (Cause of Action): Infringement of the Exclusive Right of Registered Trademark and Unfair Competition

Continue Reading Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?

​By Paul Starr, Dorothy Murray, James McKenzie and Kendal McCarthy King & Wood Mallesons

On 14 June 2017, Hong Kong’s Legislative Council passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (“Third Party Funding Bill“), amending the Arbitration Ordinance (Cap 609) (Ordinance) (“AO”) to permit third party funding of arbitration proceedings seated in Hong Kong.As Hong Kong prepares to implement the reform (which is expected to take effect in late 2017), we take stock of some of the key features of the Third Party Funding Bill and what its passage will mean for users of Hong Kong arbitration.  We also make comparisons with third party funding of arbitration in England and Wales to determine what practical lessons can be learned from the reform process in that jurisdiction.
Continue Reading New Arbitration Funding Options and Lessons for Hong Kong

By Ni Zhenhua King & Wood Mallesons’ IP group

The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chinese government has created an increasingly attractive environment for patent enforcement, as symbolized by, among others steps taken, the recent establishment of specialized IP Courts in Beijing, Shanghai and Guangzhou.  These entities/companies, though increasingly enthusiastic and optimistic about patent enforcement in China, are generally not familiar with the Chinese legal system and may have concerns about local protectionism and uneven application of the law.  In this article I would like to share a list of those questions most frequently asked by our clients in relation to patent litigation in China, and provide some basic and preliminary answers thereto.

Continue Reading Most Frequently Asked Questions about Patent Litigation in China

By Bill Ye and Zhao Wenxiang King & Wood Mallesons’ Commercial & Regulatory group

The ‘Measures on the Due Diligence of Non-resident Financial Account Information in Tax Matters’ (the “CRS ”) are now in place, six months after the release of the draft for comment (the “Draft”). In response to the upcoming individual income tax reform, we have summarized the key points of the CRS Regulations.
Continue Reading An Analysis of China’s Common Reporting Standards