Industry Insights

There is an old saying, “to err is human”. But what about machines? Is humanity imposing double standards on artificial intelligence? Introduction COVID-19 has wreaked havoc of magnitude...
July 2020
Abstract This article provides the readers with an update on the recent legal responses in the PRC to the Covid-19 related cases as well as a general overview on the doctrines of force majeure and...
July 2020
The principal duty for directors exercising their decision-making power is to act in good faith for the benefit of the company as a whole. When it comes to making business decisions in complex...
July 2020
In the matter of Solicitors Regulation Authority (England & Wales) v A Solicitor (Case No. 12046-2020), a respondent solicitor has been struck off for deliberately misleading the other...
July 2020
Watching films and TV shows on streaming platforms is increasingly popular. Are you aware that you may be watched at the same time?  While the COVID-19 is causing a tough blow to many...
July 2020
The warning was there in an Industry Insights of the Hong Lawyer Journal, April 2015 (“Internal Controls – No Passing the Buck or Turning a Blind-Eye"): "… Unlike some regulators in some parts of...
July 2020
Hong Kong’s regulator of personal data confirmed in an April 2020 report that online data breaches are the current and future enforcement priority. This report followed proposed changes to the...
July 2020
A consequence of the doctrine of ‘separability’ is that an arbitration agreement within a written contract may not be governed by the same law as the substantive provisions.  The governing...
June 2020
Introduction The Great Depression was one of the worst economic downturns in the history of the United States. During this period, a substantial number of banks went bankrupt which in turn caused...
June 2020
On 16 April 2020, the Hong Kong Competition Commission (“Commission”) released:  a revised leniency policy for undertakings involved in cartel conduct (“Leniency Policy for Undertakings...
June 2020
When faced with criminal charges, oftentimes the biggest fear among lay clients is the grave consequences from having a criminal record. Besides the stigma, a person with a criminal record might...
June 2020
Video conferencing apps have become unprecedentedly popular globally in the midst of the COVID-19 pandemic. A number of security and privacy concerns about the apps have, however, been revisited,...
June 2020
The unfolding coronavirus has devastated the Hong Kong economy. In one of the world’s most expensive commercial property markets, it is not surprising that the possibility of invoking force majeure...
May 2020
Background The Applicant was convicted of drug-trafficking at the High Court and appealed his conviction on the basis that the Judge had misdirected the jury by inviting them to conclude a lack of...
May 2020
In Jet2.com Ltd v Civil Aviation Authority [2020] EWCA Civ 35, the English Court of Appeal held that a "dominant purpose" test applies to the underlying rationale for legal advice privilege (as it...
May 2020
Privacy is a fundamental human right. However, the right to privacy is by no means absolute. It has to be balanced against other human rights and public interests. COVID-19 has spread over 200...
May 2020
Two recent Hong Kong High Court judgments provide a glimpse into how courts are applying long-standing legal concepts to the ever-evolving digital world. Given the interconnectivity of global markets...
May 2020
“The pessimist complains about the wind, the optimist expects it to change, the realist adjusts the sails” - William Arthur Ward Introduction From a litigator’s perspective, in every...
May 2020
The price of Bitcoin bounced back above USD10,000 in the midst of fears over the economic uncertainties created by the new coronavirus, the COVID-19; undoubtedly, investors have taken Bitcoin and...
April 2020
Government law enforcement agencies have long seized mobile phones and computers (with and without warrants) where they could contain material relevant to their investigation. The seizure of such...
April 2020