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REPRESENTATIVE EXPERIENCE

Sacha M. Cheong

Employment

Assisted a market-leading innovator of semiconductor products on various employment and business-related issues, including: (1) as international counsel in connection with the sale of the client’s global radio frequency business which involved transfer and termination of employees in 10 countries. This was the second major transaction we have handled for the client in recent years; (2) as international counsel in connection with the client’s sale of its global LED business and transfer of employees in 12 countries. The transaction required the restructuring and reorganization of the client’s group structure to facilitate the transfer of assets, employees, brand name, and IP prior to the closing date of the transaction. Following the close of the transaction, we assisted the client with its name change and other employment and organizational issues, including the establishment of a new entity in Philippines; (3) written submissions to the Hong Kong Employment Support Scheme in relation to claims for refunds for improperly assessed penalties. As a result of our input, we were successful in obtaining a substantial refund for the client; (4) regular advice on immigration laws and regulations, and assisting the client with applications for work visas in jurisdictions across the Asia-Pacific region; (5) regular advice on company policies and employee handbooks (including tuition fee reimbursements, mandatory vaccination polices, and workplace surveillance) in jurisdictions across the Asia-Pacific region; and (6) regular advice on employment relations, including reductions in workforce, termination, and employee conduct.
Assisted a leading provider of business aviation services on various employment and business-related issues, including: (1) in relation to employment dispute claims by air crew and related legal proceedings before the Hong Kong Labour Tribunal; (2) reviewing and drafting employment contracts and company policies for air crew and ground employees in Hong Kong and Singapore; (3) in relation to a data breach impacting multiple jurisdictions across the Asia-Pacific and Australasia regions; (4) in relation to the restructuring of its business operations and entities in Hong Kong, China, and Philippines, including the transfer of assets and employees; (5) streamlining the governing law and dispute resolution provisions in the client’s contracts with customers and contractors in Hong Kong and China; and (6) regular advice on employment relations, including reductions in workforce, termination, and employee conduct.
Assisted a well-known brand of premium activewear for yoga and other physical activities to draft its employment contracts for corporate and retail hires and company policies, and related support in the client’s business expansion across the Asia-Pacific region.
Assisted a leading construction materials manufacturer in litigation proceedings before the Hong Kong High Court against a former senior executive relating to theft of confidential information, breaches of fiduciary duties, and the setting up of a competing business, and in a corresponding litigation instituted by the former executive against the client for compensation for alleged wrongful dismissal. Both cases involved the coordination of extensive computer forensic examinations and review of documents. We successfully litigated the cases on behalf of the client, including an appeal brought by the executive, and were able to charge and sell an apartment owned by the executive to satisfy the judgment award.
Assisted a well-known US clothing retailer in an investigation and subsequent litigation arising from allegations of bribery and fraud by a former senior executive of the client’s Hong Kong subsidiary. The case also involved a tracing claim against several other individuals and corporate defendants and injunction applications in Hong Kong and the United Kingdom. The executive was found civilly liable for perpetrating a business expense fraud on the client and was also found criminally liable for theft and furnishing false information and sentenced to more than two years in prison.

Investigations

Assisted an international luxury hotel group on an investigation and advising the client in relation to allegations of sexual assault by an employee against a hotel guest.
Assisted an international luxury hotel group on a sensitive fraud investigation. This matter raised money-laundering issues under Hong Kong’s Organised and Serious Crimes Ordinance and resulted in arrests for suspected offences under the Prevention of Bribery Ordinance.
Assisted a US bank by conducting an investigation into suspected breaches of internal policies and compliance requirements by employees.
Assisted one of the largest trading companies in diamonds and fine jewelry in relation to an investigation conducted by the Hong Kong Customs & Excise Department arising from alleged violations of anti-money-laundering laws and regulations applicable to dealers in precious metals and stones.
Assisted a Taiwan-based cloud software technology company with regional operations on an investigation into suspected theft of confidential information, diversion of business contracts, and establishment of a competing business by several employees in its Hong Kong office. We subsequently advised and assisted the client on its defense of employment claims brought by those employees in the Hong Kong Labour Tribunal which resulted in the dismissal of the majority of the cases.
Assisted a Korean airline on an investigation in relation to allegations of price fixing in the passenger and air freight sectors. Interviews were conducted of more than 30 senior executives at the airline and necessitated a detailed review of documents relating to the airline’s activities at various locations in South Korea.
Assisted a leading innovator in consumer electronics, gaming, and entertainment on an investigation in relation to allegations of price fixing in the microchip industry.

Workplace Safety

Assisted a leading provider of business intelligence, data management, and advanced analytics solutions on an investigation concerning allegations of sexual harassment by a senior executive against a subordinate employee, and reviewed the client’s employment contracts, company policies, and practices in relation to potential vicarious liability under the Hong Kong Sex Discrimination Ordinance. The investigation led to the termination of the executive and an out-of-court settlement with the employee.
Assisted a US company that was a partner to a joint venture involving the management and operations of various landfill sites in Hong Kong concerning issues arising from a fatal accident.
Assisted a US company with global operations in relation to an employee termination issue following a prolonged absence from work due to a workplace injury and employee compensation proceedings.
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