Shearn Delamore & Co.

Intellectual Property

We steer clients through a range of contentious and non-contentious IP issues from the prosecution of IP rights, enforcement, litigation and commercialisation of IP assets. We also provide expert advisory services in other IP related areas including licensing, franchising, advertising, consumer protection, Internet and domain name protection, entertainment and media matters, gaming and regulatory approvals.

We act for many leading local and foreign brands across many industries and have the ability to manage large IP portfolios. We are continuously vigilant when it comes to the enforcement of our clients’ brands in the marketplace. Our lawyers have a good rapport with relevant government agencies, working closely with them on enforcement matters.

We can also file and prosecute trademark applications directly in Singapore and Brunei. We regularly act as coordinating agents for international and regional filings relating to trademark, industrial design and patent protection.

Our team is also technically qualified in areas of biotechnology, biochemistry, chemistry and mechanical engineering, amongst others.

Within the IP practice, we offer strategic legal advice in the following areas:

• Ambush Marketing
• Antitrust / Competition
• Confidential Information
• Copyright
• Data Protection
• Domain Names
• Due Diligence
• Enforcement
• Franchising
• Geographical Indications
• Industrial Design
• Innovations in the Life Sciences & Biotechnology
• IP Litigation
• IP Searches
• IP Transactions
• Layout Design of an Integrated Circuit
• Licensing / IP Licensing
• Life Sciences
• Mediation
• Patents
• Plant Variety Protection
• Regulatory Approvals for food, drugs etc
• Sports
• Trademarks
• Technology

Arbitration & Mediation

Our Arbitration & Mediation Practice Group delivers innovative, custom-made solutions to serve each client’s specific needs. Our lawyers are responsive, effective and strategic. We have decades of experience as well as the right resources with the depth and dedication to deal with disputes across all key industry sectors, both internationally and domestically. We have particular expertise in commercial and construction related disputes, and draw on legal talent from various practice groups to provide rounded solutions. We cover industry sectors like infrastructure, energy, engineering and construction, telecommunications, automotive, manufacturing, shipping and maritime.

Our lawyers are members of the world’s major arbitral institutions and have experience arbitrating in proceedings held under the KLRCA, SIAC, ICC, ICC-CMI and UNCITRAL rules, cementing our solid reputation as a leading international arbitration practice. We represent clients globally in markets ranging from London, Paris, New York, Geneva, Rome to Hong Kong and Singapore. Our competent team has contributed to and continues to play an important role in the development of arbitration in Malaysia and worldwide. Our partners sit as arbitrators through party appointed nominations as well as institutional appointments.

We support clients from the drafting of arbitration clauses, selecting the appropriate venue and process, advising on the appointment of arbitrators, representation at arbitration hearings and enforcement proceedings, and setting aside arbitral awards. We assist with applications to Courts for interim measures, recourse against awards as well as the recognition and enforcement of awards. We assist clients mediate disputes in cases where arbitration or litigation can prove costly or incompatible with the nature of the dispute and the relationships in place.

Key cases that showcase our strategic approach and expertise in this area:

• Represented the main contractor in an arbitration commenced by the subcontractor in a major electrified double track project.
• Represented the main contractor in an arbitration commenced by the developer in a mixed development that includes a premier shopping mall in the Klang Valley.
• Represented a leading manufacturer in disputes involving the development of a steel making plant.
• Represented a car manufacturer in disputes involving development agreements for digital electric vehicles.
• Represented an international mobile telecommunications company in a dispute with its digital software and technology service provider.
• Represented a joint venture company in disputes involving mining equipment.
• Arbitrated a dispute involving the right of a local authority to terminate a joint-venture and lease agreement in respect of an abandoned plaza project with a potential gross domestic value of over several billion ringgit.
• Acted in a shareholder dispute involving two leading telecommunications companies.
• Represented the subcontractor in an arbitration against the main contractor relating to the design and construction of a causeway bridge.
• Acted for a Malaysian shareholder in a RM100 million joint venture dispute with a Thai party.
• Acted in a dispute involving an agreement for the development of an integrated tourist resort.
• Acted in a shipbuilding dispute between a ship owner and shipyard.
• Acted in a dispute involving warranty claims for a car tracking system.
• Acted in disputes involving the supply of pharmaceutical products to the national pharmaceutical concessionaire of approved drugs and medical products to government hospitals and clinics.
• Represented a heavy vehicle assembler in a dispute with the parts and chassis supplier, over case relating to the renewal of a franchise.

Dispute Resolution

Our Dispute Resolution Practice Group is one of the largest in Malaysia. Our lawyers handle disputes constructively and pragmatically. We are commercial in our approach, strategic in our advice and aim to deliver effective solutions efficiently.

We have a proud tradition of representing clients in the largest commercial, corporate and banking disputes in the country. We act for media houses and broadcasters in multimedia, entertainment and defamation related disputes. We represent corporations, financial institutions, multinationals, government agencies, insolvency practitioners and accounting firms in disputes relating to engineering and construction, technology, insolvency and restructuring, insurance, product liability, trust, probate, maritime and aviation matters. We also represent these clients in white-collar crime prosecutions. We occupy a particular niche in the field of professional negligence litigation, with a dedicated team advising clients from the medical, legal and other professions.

Our lawyers appear in the appellate courts regularly, representing domestic and international clients. Our exceptionally strong team of Partners are also often appointed to act as Counsel by other law firms.

Within this practice, we offer strategic legal advice in:

• Admiralty and Maritime
• Aviation
• Banking, Finance and Security disputes
• Civil Litigation
• Compulsory Land Acquisition
• Corporate and Commercial Litigation
• Customary (Native and Aboriginal) Rights and Law (NCR)
• Defamation, Media and Entertainment Law
• Engineering and Construction Law
• Environmental Law
• Fraud and White Collar Crime
• Information and Communication Technology
• Insolvency and Restructuring
• Insurance Law
• Islamic Finance
• Land Law
• Oil and Gas
• Professional Liability
• Product Liability
• Public Law
• Real Estate and Property Disputes

Corporate / M&A

Our Corporate / M&A Practice Group is one of the pioneer practice groups of its kind in Malaysia. We have crafted and worked on many transactions that have shaped the corporate and commercial landscape of this country.

We have also championed many firsts in this practice area. Our corporate practice is known in the market for our deep experience and proven ability to handle challenging and critical cutting-edge transactions and structuring work. We understand that corporations work in interconnected eco-systems and not in silos. To serve you better, we form seamless multi-disciplinary teams with other practice groups to deal with all pertinent issues to ensure your deals succeed.

Our clients include many highly respected foreign financial institutions, insurance companies and private equity firms as well as a broad base of loyal multinational clients, some of whom we have served for more than half a decade. We frequently work closely with foreign law firms to ensure that our clients’ interests are secured, not only from a local perspective but also on a global level. Our lawyers have vast experience on international transactions as well as an intimate knowledge of many key industries.

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The following are some of the matters this practice encompasses:

• Mergers and Acquisitions and Divestments
• Foreign Investment and Joint Ventures
• Private Equity
• Leveraged Buyouts
• Due Diligence
• Stock Exchange Listings and Securities Offerings
• Licensing and Regulatory Approvals/Advice
• Environmental Law
• Exchange Control Regulations
• Insurance and Financial Institutions Regulations
• Consumer Law
• Stamp Duty
• Insolvency and Liquidation
• Alternative business structures and entities
• Compliance
• Corporate Advisory
• Corporate and Debt Restructuring
• Corporate Governance
• Automotive
• e-Commerce
• Logistics
• Microelectronics
• Education
• Solar
• Oil & Gas
• Infrastructure

Real Estate

Our Real Estate Practice Group provides a full range of corporate real estate services. Leveraging on their combined depth and breadth of experience, our lawyers in this practice have provided significant advice on many of the nation’s largest property transactions.

The domestic and international clients served by this practice group rank amongst the top players in the industry. They include listed property developers, listed companies, private companies, local and offshore property funds, real estate investors, financial institutions and multinational corporations.

We also advise on and assist clients with integral real estate matters such as the application for the regulatory approvals required from relevant Government and statutory bodies that include the Economic Planning Unit of the Prime Minister’s Department, Bank Negara Malaysia (the Central Bank of Malaysia), State Authorities and the Estate Land Board.

We have advised S P Setia Berhad on its joint venture with Sime Darby Berhad and the Employees Provident Fund Board of Malaysia in relation to their acquisition of the Battersea Power Station in London for £400 million. This location is to be jointly developed by these partners into a mixed residential and commercial development.

We have also acted for Eco World Development Group Berhad in its acquisition of two companies from Eco World Development Sdn. Bhd. as well as the acquisition of the development rights of eight projects with a combined gross development value of RM30 billion from subsidiaries of Eco World Development Sdn. Bhd., for a total net consideration of RM1.78 billion. We were also involved in the agreements for the subscription of shares in Eco World by the shareholders of Eco World Development Sdn. Bhd. to partially fund the said acquisitions.

Within this practice, we offer strategic legal advice in:

• Mergers and Acquisitions involving Real Estate Companies
• Property Acquisitions and Divestments
• Property Related Joint Ventures and Property Developments
• Sales and Leasebacks
• Tenancies and Leases

Immigration

Our team of Immigration lawyers helps you bridge the barriers between international borders. We are one of the very few law firms in Malaysia to form a practice focused on Immigration offering a full range of services related to in-bound immigration applications.

We have a wide range of clients including many international financial institutions and multinational conglomerates, many of which have offices here in Malaysia and hire foreign employees or second such employees to Malaysia. We serve clients in all states in Peninsular Malaysia but not Sabah, Sarawak and Labuan.

Within this practice, we offer strategic legal advice in:

• Work related passes for professionals or personnel at technical, executive and managerial levels who have been assigned to work in Malaysia
• Dependent’s pass or long-term visit pass (social) for such employees’ family members to stay in Malaysia for the duration of their assignment in Malaysia
• Establishment of regional operations in Malaysia such as representative offices, regional offices and approved operational headquarters
• Translations, legalisations, notarisations, certifications as well as procurement of police clearances and birth certificates required for Malaysian work related applications
• Arrival and deregistration formalities for employees and their family members upon repatriation