Regulatory

Regulatory

• Government Affairs & Government Contracts

• Administrative Law

• AI, Data & Technology

• Antitrust and Competition

• Financial Services and Funds

• Life Sciences and Healthcare

• International Trade and Investment

• Energy, Environment, Transportation, Defense

Securities and Regulatory Compliance and Funds

• Offshore Mutual Funds – advising a number of clients on the Thai regulatory and licensing frameworks applicable to the funds, namely Amethyst Asia Focused Fund, Titan Capital Asia, Ton Poh Fund, BNB Partnership Global Fund, and TriArch Global Equities Fund, and its manager and advisor, including compliance with Thai securities regulation and legislation in respect of the offering and marketing of the fund to prospective investors and other regulatory and taxation issues;

• ING Funds (Thailand) Co., Ltd. – advising ING on all aspects of its fund management business and operations;

• SS&C Fintech Services (Thailand) Limited – advising on the Thai regulatory, including Thai securities regulations, and licensing frameworks applicable to the transfer agency service business;

• Morningstar Research (Thailand) Ltd. – advising on the Thai regulatory, including Thai securities regulations, and licensing frameworks applicable to the fund rating agency business;

• Brooker Group Public Company Limited – advising on the Thai regulatory and taxation issues in connection with the presence in Thailand of persons/entities engaged by non-Thai entities and the activities including reverse solicitation performed by such persons/entities in Thailand;

• Cathay United Bank – issuing a legal opinion on the guarantee and share pledge arrangement;

• Manulife (Thailand) – advising Manulife on shareholding structures and other regulatory and compliance issues;

• ING Asset Management (Hong Kong) – advising ING on sovereign immunity issues in connection with the Bank of Thailand;

• Asia Plus Securities Pcl – advising Asia Plus on trading activities and other regulatory issues;

• KTAM – advising Krung Thai Asset Management on the proposed listing of a Thai property fund on the Stock Exchange of Thailand;

• TMB – advising TMB on its proposed USD 1 billion recapitalisation programme;

• TMB Macquarie Securities (Thailand) Limited – advising TMB Macquarie in respect of the restructuring of and investment in Akara Mining Limited;

• SCB Asset Management Company Limited – advising SCBAM on its role as the fund manager of the Land and Houses property fund listed on the Stock Exchange of Thailand;

• Royal Bank of Scotland N.V. – advising RBSNV on the trading of securities through an internet-based trading platform;

• National Bank of Abu Dhabi – advising NBAD on the proposed sale of certain banking and structured investment products/services to non-retail parties (derivatives, securities, foreign exchange);

• Bank of China – advising Bank of China on the purchase of the account receivables of Huawei Technologies (Thailand) Co., Ltd.;

• Hang Seng Bank Limited – advising HASE on a receivable purchase facility;

• DBS Thai Danu Bank plc – advising DBS on the restructuring of a number of its bilateral non-performing loan portfolio;

• Cisco Capital – advising Cisco Capital which is the captive vendor finance company for their business relating to provision of financing to allow Cisco customers to buy or lease Cisco information and communication technology (ICT);

• Droom – advising Droom on the businesses relating to provision of auto loan, insurance, extended warranty and other innovative financial products;

• Zilingo – advising Zilingo on the financial services, peer-to-peer lending licence, e-payment service licence;

• Blackhawk – advising Blackhawk on the distribution of electronic payment card;

• Worldpay – advising Worldpay on the payment facilitator services;

Regulatory, Licensing, Product and Investigation

• Herzog & de Meuron – advising Herzog on the regulatory matters relating to the design consultancy arrangement in respect of Thai project;

• WeWork – advising WeWork on the regulatory matters relating to architectural, engineering and design management services in respect of Thai projects;

• John Lewis – advising John Lewis on the regulatory matters relating to the online sale of products;

• Ohlins – advising Ohlins on the regulatory matters relating to aftermarket automotive components;

• Newell Brands – advising Newell on the regulatory matters relating to the sale and importation of products;

• GoDaddy – advising GoDaddy on the sweeptakes and contests regulations and transactional and promotional messaging;

• Charlotte Tilbury – advising Chalotte Tilbury on the distribution and sale of cosmetics, skincare and perfume through online platform;

• Dyson – providing Dyson regulatory advice on marketing and advertising law and consumer protections;

• Guardian Industries – advising Guardian Industries on the Thai regulatory investigation in respect of the serious accidents and health and safety incidents in the workplace;

• Compass Group Service Co., Ltd. – conducting a mock or test competition authority raid at their offices in Bangkok with the aims of the exercise to prepare their employees in case a real raid is conducted by the authorities;

• Nissan Motor – advising Nissan on and conducting an investigation of compliance with health and safety at production facility regulations;

• Data Protection and Privacy – advising clients on Thai data protection and privacy laws and regulations, including personal data breach response, breach notification and regulatory reporting requirements, including Amazon, Gulf Air, Cognizant, VFS;

FDA Laws and Regulations

We have significant experience in FDA law and regulations and regularly deal with pharmaceutical companies in respect of the FDA issues including the manufacture, importation and distribution of pharmaceutical and healthcare products and also consumer protection and product liability issues.  We also have a pharmacist expert as our consultant.

 

In terms of our track record and expertise, we have acted in the following recent representative cases in respect of the FDA issues:

 

• Kobayashi Pharmaceutical – advising Kobayashi on the regulatory issues regarding their fever-cooling patches, food supplement and deodorizer products;

• Teleflex Medical – advising Teleflex Medical on the establishment of healthcare business in Thailand;

• Smith Medical – advising Smith Medical on the sale of medical devices and other regulatory issues;

• Tommee Tippee European – advising Tomme Tippee on the FDA regulations on medical devices and food container and advertisement of their baby feeding items products;

• Bodum/Starbuck – advising on a multi-jurisdictional product recall of a press coffee maker sold through Starbuck in Thailand and representing the client in respect of the product recall with Thai Office of the Consumer Protection Board;

Government/State Owed Enterprise Procurement Regulations

We have significant experience in procurement law including but not limited to provision of advice and opinions on Thai government procurement processes and regulations, advice on and negotiation the government contracts, advice on compliance issues and engagement in the settlement of disputes with the government bodies and state owed enterprises.

 

Our lawyers have been integral to many of procurement matters in Thailand, including the following:

 

• NATS (Service) Limited – advising NATS on consulting services agreement with Aeronautical Radio of Thailand (AEROTHAI) in respect of Thailand Aviation System Capacity Enhancement Project and negotiating and representing NATS in respect of the disputes;

• BBA Aviation plc. – advising BBA on the refuelling truck services agreement with PTT Exploration and Production Public Company (PTTEP);

• Rolls-Royce – advising Rolls-Royce on their Thailand energy trading model project with PTT Public Company Limited, PTTEP and Chevron Thailand Exploration and Production Ltd.;

• Rolls-Royce – advising Rolls-Royce on the overhaul services agreement with Thai Airways International Public Company Limited;

• Rolls-Royce – providing legal opinion to Rolls-Royce on the engine lease and totalcare services agreements with Thai Airways International Public Company Limited;

• Cobham – advising Cobham on the importation, sale and registration and licensing of telecommunication equipment and other military products for use by Royal Thai Navy, Armed Forces Security Center, Airports of Thailand and Office of the Narcotics Control Board;

• MBDA Italia S.p. A – advising MBDA on the procurement of military goods with the Royal Thai Army, Royal Thai Navy and Royal Thai Air Force.