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ALB Malaysia Law Awards - 2024 Edition
On 1st March 2024, at the 11th ALB Malaysia Law Awards organised by Asian Legal Business and Thomson Reuters, Raja, Darryl & Loh won the award of “Construction & Real Estate Law Firm of the Year”.
LEGAL 500 ASIA PACIFIC – 2024 Edition
The Legal 500 Asia Pacific has released its rankings for 2024 and we are very pleased to note that the firm has maintained its top-tier ranking in the practice area of Dispute Resolution.
Ten other practice areas have been recommended and ranked, including Islamic Finance which makes its debut on the list of ranked practices.
Partners Raja Eileen Soraya and Tong Lai Ling continue to stand out as members of the “Hall of Fame”.
Partners Chew Phye Keat and Vijey Mohana Krishnan sustain their ranking as “Leading Individuals”, joined for the first time by partners Hor Shirley and Tham Li Vyen.
Tax specialists Chang Ee Leen and William Wong are ranked as “Next Generation Partners” and Cheong Chun Yong is once again named as a “Rising Star”.
Reproduced below, verbatim, are the review by the Legal 500 editorial team and the testimonials from the firm’s clients as given to Legal 500.
DISPUTE RESOLUTION
On the dispute resolution front, the team at Raja, Darryl & Loh portray strong experience in civil and commercial litigation cases at all levels of court. The department, which is led by NG Sai Yeang who advises on civil and corporate disputes, is regularly involved in banking, contract, and industrial relations matters. Acting for a broad array of clients from industries including automotive, construction, manufacturing, and technology, the practice is also recognised for its specialism in tax and intellectual property concerns. Raja Eileen Soraya is noted for her work on medico-legal and dento-legal cases, while Mark La Brooy and Ooi Huey Miin are notable members of the group.
Practice head(s):
- Ng Sai Yeang
Other key lawyers:
- Raja Eileen Soraya; Mark La Brooy; Ooi Huey Miin
Key clients
- The Edge Media Group
- Medical Protection Society
- Malayan Banking Bhd
- United Overseas Bank (M) Berhad
- Majlis Bandaraya Subang Jaya
- Heineken Malaysia Bhd
- Coutts & Co
Work highlights
- Represented United Overseas Bank (Malaysia) and succeeded in obtaining confirmation from the Federal Court that the bank’s consolidation of accounts was simply an accounting exercise and, in the context of bankruptcy proceedings, does not create a security over the debt owed by the judgment debtor in his capacity as a guarantor to other credit facilities.
- Acted for Health Digital Technologies and obtained a High Court order to quash a decision by the Pharmacy Enforcement Division of the Ministry of Health against the client.
- Successfully represented a doctor and TV personality in the Court of Appeal, where the Court of Appeal overturned a High Court order arising from contempt proceedings and upheld the ordinary rights of the public to criticise the judiciary in good faith.
ANTITRUST AND COMPETITION
Raja, Darryl & Loh’s competition department is spearheaded by industry veteran Chew Phye Keat. Often acting for clients in the insurance, automotive, and telecoms industries, the firm frequently advises on issues concerning joint purchase arrangements, pre-merger notifications, and prospective collaborations with competitors. Senior associate Cheong Chun Yong serves as a valuable asset to the team and has displayed a particular strength in conducting due diligence and competition audits to ensure necessary compliance with the Malaysian law.
- Cheong Chun Yong – Raja, Darryl & Loh
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Cheong Chun Yong
Work highlights
- Advised a telecoms company in respect of its equity participation in Digital Nasional Berhad.
- Advised a manufacturing company on its collaboration with a competitor on a centralised purchasing system for the purchase of raw materials.
- Defending clients in the High Court on an alleged abuse of dominant position under competition law.
BANKING AND FINANCE
Raja, Darryl & Loh has established itself as a credible practice in the banking and finance realm, with a demonstrated ability in handling a range of advisory and enforcement work for Malaysia’s financial institutions. Clients have come to the firm for assistance in respect of private debt securities and conventional credit facilities. Under the leadership of Chew Phye Keat, the firm has recently been elected to advise two of the five applicants who were granted digital bank licenses by Bank Negara Malaysia. Syed Adam Alhabshi is strategically placed to expand the firm’s Islamic finance capabilities, and frequently advises on various components within this area. While Chong Kok Seng specialises in aviation finance, cross-border financing transactions, and debt restructuring, Chong Mei Mei is well-versed in foreign investments and the financing of fintech enterprises.
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Syed Adam Alhabshi; Chong Kok Seng; Chong Mei Mei
Testimonials
- ‘Top-tier practice in the region.’
- ‘Chong Kok Seng is a star.’
Key clients
- Malayan Banking Berhad
Work highlights
- Acted as the Malaysian counsel to HSBC Bank Canada in respect of the amendment of the Third Amended & Restated Credit Agreement, in relation to prior banking facilities of USD50m that had been granted to a Canadian public corporation by HSBC Bank Canada.
- Advised Carlyle Aviation Management in regard to the securitisation of a portfolio of aircraft.
- Advised an Islamic financial institution in conducting a Shariah rectification exercise after the discovery of a Shariah non-compliant event in respect of its Cash Line facility.
INTELLECTUAL PROPERTY
The offering at Raja, Darryl & Loh is headed by the ‘knowledgeable and commercially inclined’ Yvonne Ong, who regularly handles various IP policies, enforcement issues, and brand strategising. The firm acts for local and international clients from industries including pharmaceutical, technology, and construction, on a range of IP issues including the registration and protection of trademarks and domain names, franchising and licensing, and the filing of applications for patents.
- Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
- Yvonne Ong
Other key lawyers:
- Chew Phye Keat
Testimonials
- ‘Yvonne Ong is highly responsive and practically innovative in advising and representing clients in trademark related matters.’
- ‘The team is very responsive and provides practical and effective advice.’
- ‘Yvonne Ong is knowledgeable and commercially inclined, and offers creative solutions.’
Key clients
- Mattel, Inc.
- Hewlett Packard Enterprise
- Vitally Sdn Bhd
- Giorgio Armani
- Microsoft Corporation
- Bridgestone Corporation
- Ajinomoto Corporation
- Revlon
- JT International Inc
Axiata Group Berhad
Work highlights
- Represented an international brand owner in procuring the cessation of the sale of counterfeit bags in Malaysia.
- Representing a public listed pharmaceutical company in procuring the cessation of the sale and the change of name of a competing multivitamin product that was being sold under a name and get-up very similar to that of the client.
- Representing an electronics company from the People’s Republic of China and procured the owner of a conflicting trademark identical to the client’s registered trademark to agree to cancel the conflicting trademark.
LABOUR AND EMPLOYMENT
The team at Raja, Darryl & Loh acts for employers in mandates concerning alleged unfair dismissals and agreed contract dissolution, in addition to cases before the Industrial Court. Ravindra Kumar Rengasamy leads the practice and focuses on matters involving redundancies and retrenchments, as well as advising on contractual aspects of employment mandates, from contract formation to separation agreements. Praised as ‘responsive and accommodating to clients’ needs’, Tham Li Vyen is another key contact in the group.
- Tham Li Vyen – Raja, Darryl & Loh
Practice head(s):
- Ravindra Kumar Rengasamy
Other key lawyers:
- Tham Li Vyen
Testimonials
- ‘The team has a hands-on approach and is very attentive to its clients’ needs.’
- ‘Tham Li Vyen is responsive and accommodating to clients’ needs.’
Key clients
Kossan Rubber Industries Bhd
Work highlights
- Defended AYER Holdings Berhad successful in the Industrial Court which held that the dismissal of the claimant was with just cause and excuse and that since full and free opportunity had been given to the claimant to present himself at the Domestic Inquiry and defend himself.
- Defended Ideal Quality Sdn Bhd successfully in the Industrial Court which held that for an employee occupying a senior or managerial role, the need for warning and opportunity to improve is much less apparent before a decision to terminate is made.
- Defended Glenmark Pharmaceuticals (M) Berhad successfully in the Industrial Court which reaffirmed the position that a mutual separation agreement mutually and freely arrived at between the parties to dissolve the relationship of an employee and his employer must be given effect to and that in law it is not a dismissal.
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh’s real estate and construction practice is co-led by Chong Mei Mei, who boasts an impressive portfolio of real estate transactions, and Ooi Huey Miin, who primarily covers project and construction disputes. The firm acts for various property developers, commercial contractors, and real estate investment trusts, and frequently advises on joint venture agreements, residential and commercial developments, and construction cases. Hor Shirley is noted for her expertise in construction and infrastructure litigation, and also offers advice on the management of industrial incidents and environmental issues.
- Hor Shirley – Raja, Darryl & Loh
Practice head(s):
- Chong Mei Mei; Ooi Huey Miin
Other key lawyers:
- Chong Kok Seng; Wong Quan Sean; Hor Shirley; Giselle Yeow Win Yean
Testimonials
- ‘The firm understands the business and operational aspects of our company.’
- ‘Ooi Huey Miin gives valuable and key insights.’
- ‘RDL has comprehensive legal services.’
- ‘Hor Shirley understands the business and operations well.’
Key clients
- Marriott International Group
- Petron Malaysia Refining & Marketing Bhd
- Petron Fuel International Sdn Bhd
- Prasarana Malaysia Berhad
- Perbadanan PR1MA Malaysia
- Mass Rapid Transit Corporation Sdn Bhd
- Muhibbah Engineering Berhad
- Petron Malaysia Refining & Marketing Sdn Bhd
- FGV Berhad
- UEM Sunrise Berhad
- China Construction Engineering (SEA) Malaysia Sdn Bhd,
- Sime Darby Group
Work highlights
- Advised CapitaLand (Singapore) in connection with the sale of properties in Queensbay Mall, Penang, for the sum of RM990,500,000.
- Successfully acted for the main contractor in an arbitration against the developer of a high-end luxury mixed development project, obtaining an award of approximately USD70m and procuring the dismissal of the developer’s counterclaim in its entirety.
- Successfully represented KL Eco City at the High Court and subsequently in the Court of Appeal, obtaining judgment against the main contractor for liquidated ascertained damages.
TAX TIER 2
The team at Raja, Darryl & Loh is praised for its ‘top notch’ understanding of complex tax issues, and is led by Vijey Mohana Krishnan, who advises clients from the banking and infrastructure industries on various tax concerns. With demonstrable experience in representing clients before the Court of Appeal and Customs Appeal Tribunal, the practice’s scope of work includes income tax, real property gains, sales and service tax, in addition to customs duties and stamp duty. William Wong primarily focuses on corporate and individual income tax planning and tax investigations, while tax specialist Chang Ee Leen is involved in tax litigation work.
- William Wong – Raja, Darryl & Loh
- Chang Ee Leen – Raja, Darryl & Loh
Practice head(s):
- Vijey Mohana Krishnan
Other key lawyers:
- William Wong; Chang Ee Leen
Testimonials
- ‘The tax team is the best in the country, their understanding of the complex issues are top notch, and their ability to simplify them to the client is fantastic. They have successfully represented us in multiple complex tax cases.’
- ‘Vijey Mohana Krishnan and William Wong are extremely knowledgeable and are very user friendly. The provide practical and realistic advice and have come up with winnable solutions.’
- ‘They are thorough and experienced in understanding our cases and able to deliver the most effective results.’
- ‘Able to apply and elaborate the application of the law and assess the potential impact to the business efficiently and effectively.’
Work highlights
- Successfully represented CIMB-Principal Asset Management Berhad before the Court of Appeal, obtaining confirmation that capital expenditure incurred on the provision of software, including consultancy fees and related incidental charges, qualifies for capital allowance claims.
- Acted for Metrogold Commercial Sdn Bhd in the High Court and successfully challenged the Royal Malaysia Customs Department’s reduction of the client’s GST input tax credit.
- Successfully represented Ehsan Armada Sdn Bhd in appeal proceedings before the High Court on the tax deductibility of payments made by the client to the Selangor State Government, to exempt the client from building lower cost units.
TMT (INCLUDING FINTECH) TIER 2
Raja, Darryl & Loh’s technical expertise allows the team to draft and negotiate contracts and arrangements for a wide array of issues including cloud agreements, the supply of technology systems and network security and encryption. Additionally, a burgeoning fintech practice equips the firm to advise on matters spanning digital banking, cross-border payment solutions and peer-to-peer financing. Tong Lai Ling steers the group’s TMT offering; Ling’s diverse portfolio of work covers personal data protection, convergence issues and artificial intelligence. Chong Mei Mei is well-regarded for her advice concerning the provision of micro-financing, while Jed Tan Yeong Tat has in-depth knowledge of work relating to information and communications technology contracts.
Practice head(s):
- Tong Lai Ling
Other key lawyers:
- Chong Mei Mei; Jed Tan Yeong Tat
Testimonials
- ‘Ability to provide guidance in challenging situations.’
- ‘A very accommodating team with good in-depth knowledge.’
- ‘Jed Tan Yeong Tat is very engaging and detail-oriented. His ability to understand the risks towards the business and balance them with legal mitigations is excellent, making him an effective adviser.’
- ‘Deep subject matter expertise on all things TMT and data in Malaysia.’
- ‘Tong Lai Ling is ever-reliable and responsive, and delivers a consistently high standard of service and work product.’
- ‘Practical and commercial. Understand the client’s business and provide a hands-on approach.’
Key clients
- Silverlake Group
- TikTok
- Bursa Malaysia Berhad
Work highlights
- Advising Bursa Malaysia in relation to its application to the Securities Commission Malaysia for registration as a recognized market to operate a new debt fundraising platform.
- Advised a boutique technology provider on its agreement with an airline company for the development of a bespoke “super application” based on a proprietary artificial intelligence voice and text operating platform.
- Advise a global retail enterprise solutions provider on its end-to-end supply, development, implementation and maintenance of a merchandising and wholesale solution system for the A.S. Watson group.
CORPORATE AND M&A TIER 3
Raja, Darryl & Loh’s ‘excellent’ practice advises its client roster of high-net-worth individuals, as well as private and public entities, on matters concerning cross-border acquisitions, restructurings, company reorganisations, and sale and purchase agreements. It is also well-equipped to advise on the due diligence aspects of such mandates. Chew Phye Keat leads the team and ‘extremely attentive’ Joyce Teh is another key name to note.
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Joyce Teh; Tai Chu Wei
Testimonials
- ‘An excellent team – professional, knowledgeable and thorough. The service that they provide is excellent and efficient, and follow-ups are outstanding.’
- ‘Joyce Teh is extremely attentive and provides top-notch responses.’
- ‘The team is reliable and thorough in their work.’
- ‘Strong local knowledge from a full-service law firm.’
Key clients
- Silverlake Group
- Hong Leong Group
Work highlights
- Acted as the Malaysian counsel to Intrepid E-Commerce in connection with its sale to Ascential, a global data and analytics firm, for $250m.
- Advised Ikhasas Sawit Sdn Bhd on the acquisition of PT Rafi Kamajaya Abadi and PT Sawit Rezeki Abadi, two entities engaged in oil palm plantation in Kalimantan, Indonesia, for RM115m.
- Acted as the lead counsel to Mr Goh Peng Ooi in respect of the investment of $40m by private equity firm, Ikhlas Capital, in Mr Goh Peng Ooi’s company in Singapore, which is the holding company of SGX-listed Silverlake Axis Ltd.
ISLAMIC FINANCE TIER 3
Led by Chew Phye Keat, the Islamic finance team at Raja, Darryl & Loh advises on various Shariah principles. The practice regularly advises Islamic banking clients on potential new products, in addition to assisting with regulatory and governance considerations. The firm has demonstrable experience in advising digital banks on their Islamic finance products, as well as handling compliance work. Syed Adam Alhabshi is a key member of the group.
Practice head(s):
- Chew Phye Keat
Other key lawyers:
Work highlights
- Advised an Islamic financial institution in conducting a Shariah rectification exercise following the discovery of a Shariah non-compliant event in respect of its cash line facility.
- Advising two of the five new digital banks that have been awarded digital banking licenses, specifically the two banks that will offer Islamic finance products under the Islamic Financial Services Act 2013.
- Advising an Islamic financial institution that is structuring a new program which utilises the client’s Zakat fund as a source of funds for a microfinancing product to qualified B40 beneficiaries who are pre-bankable.
PROJECTS AND ENERGY TIER 3
Ooi Huey Miin leads the projects and energy practice at Raja, Darryl & Loh, following the departure of former team lead Choon Hon Leng to Sanjay Mohan in January 2023. The team advises its portfolio of clients, including government-owned entities, on infrastructure matters, in addition to handling the procurement, construction and contractual elements of development projects.
Practice head(s):
- Ooi Huey Miin
Other key lawyers:
- Hor Shirley; Zack Tan Zhang Wei
Key clients
- Prasarana Malaysia Berhad
- Mass Rapid Transit Corporation Sdn Bhd
- RTS Operations Pte Ltd
- Muhibbah Engineering Berhad
- Perbadanan PR1MA Malaysia
CHAMBERS ASIA PACIFIC – 2024 Edition
The leading publication Chambers Asia Pacific Guide recently released its rankings for Malaysia. We are pleased to note that the firm has been ranked in the following practice areas:
- Banking & Finance
- Competition/Antitrust
- Construction
- Corporate/M&A
- Dispute Resolution
- Employment & Industrial Relations
- Intellectual Property
- Real Estate
- Tax
- Technology, Media, Telecoms
The following partners have also been recognised for their expertise in their respective practice areas:
- Chew Phye Keat – Competition/Antitrust
- Hor Shirley -Construction
- Ng Sai Yeang – Dispute Resolution
- Ravindra Kumar Rengasamy – Employment & Industrial Relations
- Yvonne Ong – Intellectual Property
- Vijey Mohana Krishnan – Tax
- Tong Lai Ling – Technology, Media, Telecoms
REVIEW BY CHAMBERS
Reproduced below are the review by Chambers and remarks from the firm’s clients as given to Chambers.
BANKING & FINANCE
What the team is known for
The legal team at Raja, Darryl & Loh offers borrowers and financial institutions a range of transactional and regulatory support. The team handles both conventional and Islamic financings while also assisting with acquiring banking licences and regulatory approvals. The department is well versed in local and cross-border matters.
Strengths
“The partner who worked with us was very competent in Islamic finance and professional in his handling of our case.”
Work highlights
Raja, Darryl & Loh advised Carlyle Aviation Management in relation to the securitisation of an aircraft portfolio that includes eight aircraft leased to two international airlines in Malaysia.
Notable practitioners
Chong Kok Seng and Chong Mei Mei in Kuala Lumpur are key points of contact.
COMPETITION/ANTITRUST
What the team is known for
Raja, Darryl & Loh’s competition lawyers in Malaysia advise clients on engagement sessions with the Malaysia Competition Commission as well as matters of organisational conduct. They are often engaged to advise clients on compliance with competition laws in Malaysia. The team is experienced in assisting companies from a range of industries including insurance, consumer goods, finance, telecommunications, manufacturing and pharmaceuticals.
Work highlights
Raja, Darryl & Loh advised a telecommunications company in connection with its equity participation in Digital Nasional Bhd (DNB), a single neutral party to undertake the deployment of 5G infrastructure as mandated by the Malaysian government. The firm advised on the client’s proposed equity take-up in DNB from a competition law perspective.
Notable practitioners
Chew Phye Keat is a seasoned competition lawyer in Malaysia who regularly advises clients on risk profiles of behavioural changes within organisations and compliance audits.
CONSTRUCTION
What the team is known for
Raja, Darryl & Loh has solid expertise in the construction and engineering space in Malaysia, providing legal advice on disputes arising in this sector. The team’s contentious work includes claims in the High Court as well as Court of Appeal, often acting for contractors and project owners. The lawyers also advise clients on construction contracts, especially relating to the installation of telecommunications infrastructure.
Work highlights
Raja, Darryl & Loh represented a construction company, which was the engineering, procurement, construction and commissioning contractor for the design and construction of a mobile offshore production unit (MOPU) for offshore oil and gas extraction and production, in a dispute with the project owner relating to alleged defects in the MOPU.
Notable practitioners
Shirley Hor is respected for her construction law expertise, covering both contractual advisory work as well as disputes. She is particularly active on arbitration, including cross-border work, as well as litigation.
CORPORATE/M&A
What the team is known for
Raja, Darryl & Loh offers an accomplished corporate law team in Kuala Lumpur that regularly acts for both domestic and international clients on mandates in Malaysia, such as M&A, joint ventures and the establishment of venture capital companies. The firm often handles cross-border deals, including advising on the Malaysian component of global mergers, and has strong expertise across different sectors, such as pharmaceuticals, e-commerce, retail and manufacturing.
Strengths
“There is good teamwork among the partners, and they collectively are able to offer both depth and breadth to clients. Their turnaround is impressive, and the team are available when needed.”
Work highlights
Raja, Darryl & Loh acted as the Malaysian counsel to Singapore-based e-commerce company Intrepid in preparing a vendor due diligence report prior to its acquisition by Ascential, a UK entity.
Notable practitioners
Tai Chu Wei, Joyce Teh (Teh Yen Yen) and Chong Kok Seng are the main points of contact for clients.
DISPUTE RESOLUTION
What the team is known for
Raja, Darryl & Loh is home to a longstanding disputes practice in Kuala Lumpur with experience handling medical malpractice and defamation cases. The firm is active in both litigation and arbitration, including contractual, restructuring and insolvency, construction and real estate cases, often representing banking, energy and property clients, as well as medical professionals. The group frequently represents Malaysian clients, as well as foreign corporates. Malayan Banking, Coutts & Co and United Overseas Bank are examples.
Strengths
“The team are very professional and attentive to clients’ legal needs.”
Work highlights
Raja, Darryl & Loh represented Coutts & Co in a civil lawsuit brought by 1Malaysia Development. The suit is one of many filed by IMDB in early 2021 which seek to recover substantial funds that had been misappropriated from the state fund.
Notable practitioners
Ng Sai Yeang is the head of Raja, Darryl & Loh’s dispute resolution team in Malaysia. She has a strong practice with a particular emphasis on banking disputes, representing leading Malaysian financial institutions.
EMPLOYMENT & INDUSTRIAL RELATIONS
What the team is known for
Raja, Darryl & Loh has an active employment law practice in Malaysia, advising employers on a range of contentious and non-contentious matters. The team regularly assists clients with unfair dismissal cases, as well as retrenchment, the drafting of employment contracts and performance management planning. The firm represents domestic clients, particularly in the pharmaceutical, energy and agriculture sectors.
Strengths
“The firm is able to provide legal advice on different matters on industrial relations. The RDL team also comprises of members with backgrounds other than industrial relations, which allows for easy reference on complex issues.”
Notable practitioners
Ravindra Kumar Rengasamy is a partner at Raja, Darryl & Loh in Kuala Lumpur. He is a respected practitioner who frequently defends employers in unfair dismissal cases. He has experience working for corporates in a range of sectors including agriculture and pharmaceutical. “It’s a great pleasure working with Ravindra.”
INTELLECTUAL PROPERTY
What the team is known for
The respected IP legal department at Raja, Darryl & Loh provides a range of contentious and advisory IP services in Malaysia, including trade marks, designs and copyrights. The firm regularly assists clients with litigation and prosecution, possessing expertise across the TMT, pharmaceutical, manufacturing and consumer goods sectors, and also advises companies on branding exercises.
Strengths
“Raja, Darryl & Loh are experienced in their area of work and very responsive.”
“Their advice is easy to understand and they always put in the effort to understand clients’ businesses and demands before giving advice.”
Notable practitioners
Yvonne Ong has an established practice acting on IP registration and protection, including advice on branding, as well as infringement matters in Malaysia. Her clients include entities in the technology, retail and pharmaceutical spheres. “She is thorough and quick in giving responses to the clients’ requests. I appreciate her professionalism, responsiveness and dedication.” “She has very expansive knowledge and looks at every perspective for the clients.”
REAL ESTATE
What the team is known for
Raja, Darryl & Loh has a team of dedicated real estate lawyers based in Kuala Lumpur. It frequently advises real estate investment trusts and property developers on the acquisition and disposal of lands, as well as build and lease agreements. Additionally, the team is heavily involved in land-related due diligence and advises hotel operators on management contracts.
Strengths
“They are very professional and ensure that clients’ rights are protected at all times. We are fully satisfied with the work and services rendered.”
Work highlights
Raja, Darryl & Loh advised Petron Malaysia Refining & Marketing on its negotiations with Gamuda to construct a petrol station and other buildings and infrastructure on Gamuda’s land.
Notable practitioners
Chong Mei Mei is a key point of contact for the department.
TAX
What the team is known for
The experienced tax law team at Raja, Darryl & Loh has a solid reputation for dealing with both litigious and advisory matters in Malaysia. It is knowledgeable on both direct and indirect tax mandates, with expertise that spans income tax, GST and customs. The team is well placed to advise on transactional tax issues, regularly representing high-profile domestic and international clients. It is particularly active for energy and property sector companies, as well as clients from other industries such as insurance and infrastructure.
Strengths
“The team at Raja, Darryl & Loh are extremely well experienced and resourceful. They are also always attentive and available.”
“The Raja, Darryl & Loh team is able to apply its legal knowledge for commercial application and create competitive advantages for our business.”
Notable practitioners
Vijey Mohana Krishnan is well regarded in Malaysia’s tax law market. He often advises on customs, income tax and GST mandates. “Vijey has very sound commercial knowledge and hence the ability to provide practical tax solutions.” “Vijey has vast commercial experience and is able to elaborate sophisticated legal issues with clarity.”
TECHNOLOGY, MEDIA, TELECOMS (TMT)
What the team is known for
Raja, Darryl & Loh’s respected TMT department has strong expertise in the IT sector, including outsourcing and software licensing. The team is also well versed in regulatory requirements pertaining to online applications, telecommunications and personal data protection. It acts for a wide range of Malaysian and foreign clients from the TMT space, as well as companies in the oil and gas, manufacturing and insurance sectors.
Strengths
“Raja, Darryl & Loh understand the unique needs of our business and provide workable solutions. Even after the matter was settled, they accommodated and attended to our queries.”
“The partners are very knowledgeable and provide commercial and practical advice and solutions.”
Work highlights
Raja, Darryl & Loh advised a telecommunications services and equipment supplier on a strategic global agreement with another telecommunications service provider group.
Notable practitioners
Tong Lai Ling has a notable presence in Malaysia’s TMT legal market, with particular strength working on software licensing and regulatory compliance across the technology and telecommunications sectors. “Lai Ling has strong expertise and knowledge in the subject matter, is commercial and practical, and is able to break down the law and requirements to operationalise it in the business context.” “She has vast experience and is approachable and easy to talk to.”
CHAMBERS FINTECH LEGAL - 2024 Edition
The firm has been top-ranked by Chambers Fintech Guide in its latest edition, marking the firm’s significant advance in Financial Technology law since the initial steps in this practice area several years ago.
In sync with this, partner Chong Mei Mei has similarly been ranked in Band 1, up from her previous ranking in Band 2.
REVIEW BY CHAMBERS
Reproduced below are the review by Chambers and remarks from the firm’s clients as given to Chambers.
What the team is known for
Raja, Darryl & Loh is a well-established full-service Malaysian firm. It has a strong banking and finance practice, and advises domestic and regional FinTech clients. The team is noted for digital payments matters, particularly payment service provider regulations.
Strengths
“Their capabilities are strong and rich in the regulatory requirements framework. They provided prompt responses with deep knowledge of regulatory requirements.”
Work highlights
Raja, Darryl & Loh advised Bursa Malaysia Berhad’s joint venture company on their licence application to operate as a peer-to-peer financing platform in Malaysia.
Notable practitioners
Chong Mei Mei is a partner in the corporate and commercial group and has a strong tech regulatory background. She acts for FinTech clients including start-ups, peer-to-peer network operators and cryptocurrency exchanges.
“Mei Mei stands out as an expert in her field with her broad understanding of FinTech and the complexities of digital asset exchanges. Her proficiency in the evolving regulatory landscape of Malaysia’s digital economy has provided us with the confidence to conduct our business activities effectively in the Malaysian market.”
The Latest Rankings by Asialaw - 2023/2024 Edition
In the 2023/2024 edition of asialaw, our Construction team has once again topped the rankings, being named as “Outstanding”. Our various practice groups were accorded commendable rankings for their work in 14 other practice areas and industry sectors including Competition/Antitrust, Dispute resolution, Labour & Employment, Tax and Technology & Telecommunications.
ASIALAW LEADING LAWYERS for 2023/2024
Individual partners were accorded the following rankings:
Elite Practitioner
- Chew Phye Keat: Competition/Antitrust; Intellectual Property
Distinguished Practitioners
- Ravindra Kumar Rengasamy: Labour & Employment
- Raja Eileen Soraya: Dispute Resolution
- Vijey Mohana Krishnan: Tax
- Tong Lai Ling: Technology & Telecommunications
Rising Star
- Tham Li Vyen Labour & Employment
Reproduced below, verbatim, are the analysis by the asialaw editorial team and the testimonials from the firm’s clients as given to asialaw.
Analysis
Overview
Raja Darryl & Loh is regularly engaged by technology start-ups and established companies alike for its specialist expertise in financial technology and digital banking. The firm also has extensive experience advising on various corporate transactions, including aviation finance, mergers and acquisitions, joint ventures and equity capital markets work. With a well-regarded contentious practice, the firm’s dispute resolution team handles a range of complex commercial cases involving antitrust, construction, employment and tax litigation. Under the leadership of managing partner Phye Keat Chew, the firm aims to deliver solutions tailored to clients’ commercial and strategic needs. The firm’s expertise across corporate transactions, technology, banking and contentious issues enables it to provide holistic and pragmatic advice to businesses operating in a rapidly evolving marketplace. Recent hires include Syed Adam Alhabshi, who joined firm as partner from Shook Lin & Bok in April 2022.
Client feedback
- “The team that I am dealing with is flexible, comprehensive and detailed in collating and gathering information, and most importantly has the ability to provide advice and solutions from macro and micro points of view. The firm also has an expert in Islamic finance, which is a bonus point.” – Capital markets
- “Despite the many technicalities in the transaction, the firm had a good understanding of the business scheme and was able to advise and alert us on the precautionary aspects.” – Competition/antitrust
- “Raja Darryl & Loh is very detail-oriented and has an excellent grasp of legal issues and commercial issues. They are able work within tight deadlines without compromising work quality.” – Construction
- “Strong commercial sense and agility in responding to client requests.” – Corporate and M&A
- “Clear understanding of the issues from a business standpoint and able to render strategic legal approaches and solutions to the issues.” – Dispute resolution
- “Practical and commercially minded advice.” – Labour and employment
- “Always available to give advice as and when called upon. We are never left in the lurch.” – Privacy and data protection
- “Raja Darryl & Loh has a deep understanding of our business and is always able to draft agreements that protect our interests while minimising risks. Their attention to detail and thoroughness in addressing potential issues has given us peace of mind when working with our customers.” – Private client
- “Solution-minded, practical. They understand business operations and offer a personalised service.” – Technology and telecommunications
Syed Adam Alhabshi
- “The partner advising me is highly professional, knowledgeable in the area of shariah financing and documentation.”
- “Young, innovative, responsive and industrious.”
- “He is an expert and has vast experience in Islamic finance. He is very detailed in his analysis and takes into account various angles (from macro and micro points of view) in providing advice and opinions.”
Phye Keat Chew
- “Hands on, knowledgeable, informative and experienced.”
Shirley Ho
- “Understands the business and operation of the company well.”
Raja Eileen Soraya
- “Responds promptly and the advice is very well informed.”
Yeong Tat (Jed) Tan
- “Jed is an extremely capable attorney and is an excellent communicator. He is able to understand both legal and commercial issues and provide clear advice to non-legal personnel.”
- “He has consistently provided excellent legal support, and I appreciate his patient and attention to detail and responsiveness to my needs.”
Yen Yen (Joyce) Teh
- “Strong corporate knowledge and client focus.”
Li Vyen Tham
- “Responsive with practical solutions.”
Lai Ling Tong
- “Practical, commercially focused, customer service-oriented and a technology expert.”
Yvonne Ong
- “Creative and commercially minded.”
Tax
Work highlights
Represented a manufacturer in an appeal to the Special Commissioners of Income Tax, challenging the right of the Inland Revenue Board (IRB) to depart from an advance ruling previously issued that confirmed a sum received as compensation for sale of intangible assets is not taxable. The IRB has agreed not to tax the sum received as compensation for sale of intangible assets with the result that the Notice of Additional Assessment raised is fully discharged, which resulted in the firm’s client not being burdened with the liability for the huge sum of RM145 million.
Labour and employment
Work highlights
Successfully defended a company against an unfair dismissal claim filed by its employee. This case emphasises the importance of an employee providing a response to a show cause letter and attending domestic inquiry. Employers have a right to take appropriate action against employees who engage in serious misconduct, and employees are entitled to due process before any termination.
Defending a company in a claim for constructive dismissal arising from the decision to implement cost-cutting measures due to the Covid-19 pandemic. If the Industrial Court dismisses the claimant’s claim, this will affirm that an employer’s obligation to pay employees is subject to exceptions in extenuating circumstances. Measures implemented in a non-selective way during unprecedented times – such as a pandemic – with the aim of remaining viable and keeping jobs amount to sufficient grounds for an employer to depart from the general principle of paying salaries.
Intellectual property
Work highlights
Representing an IT solutions provider in suing another company for copyright infringement of the client’s computer programs. This case represents a successful enforcement of the copyright in computer programs. The client’s securing of a permanent injunction against infringement and a mandatory court order to remove the infringing web application were important in preserving the copyright and commercial value of their genuine computer programs.
Representing a publicly listed pharmaceuticals company in the enforcement of its trademark rights in respect of a multivitamin product. If the parties are able to arrive at an amicable resolution, the client will be able to achieve the desired objective of preserving the integrity of its brand name and product get-up without having to resort to litigation.
Dispute resolution
Work highlights
Successfully acted for a bank and resisted an appeal at the Federal Court by a judgment debtor who had appealed on a point of law under the Bankruptcy Rules 1969. This case is significant, as it confirms that the consolidation of accounts by the bank was only an accounting exercise, which the bank was fully entitled to do. The consolidation does not create a charge or security over the debt owed by the judgment debtor in his capacity as a guarantor to other credit facilities.
Succeeded at the Court of Appeal in overturning a contempt of court order against the firm’s client, who is doctor and TV personality that published comments on social media in relation to the decision in a defamation civil suit in the High Court. The Court of Appeal unanimously allowed the firm’s appeal, ruling that the client’s social media remarks constituted legitimate fair comment based on honest belief, absent malice. Crucially, the court upheld the conventional right of the public to criticise the judiciary in good faith, provided comments are not scandalous nor risk undermining the administration of justice.
Key clients
- Coutts & Co
Corporate and M&A
Work highlights
Advising Singapore-based CapitaLand Group in the disposal of properties in Queensbay Mall for RM990.5 million ($213 million) to real estate investment trust (REIT) CapitaLand Malaysia Trust. Based on the deal value, this deal was one of the biggest real estate transactions in the Malaysian market in 2022. The purpose of the acquisition was for the REIT to expand its portfolio of shopping malls and enhance its presence in Penang.
Acted as Malaysian counsel to Intrepid E-Commerce in respect of the sale of its company for $250 million. Intrepid is a Singapore-based e-commerce company, with operations in several countries in south-east Asia, that was recently acquired by a UK company, Ascential. The acquisition of Intrepid by a global data and analytics firm such as Ascential has significant impact on the technology market. It is likely to strengthen Ascential’s presence in south-east Asia and serve as a gateway into the region for the firm’s clients.
Key clients
- Adidas, Ikhasas Sawit, Railsbank Technology, The Channel Company
Competition/antitrust
Work highlights
Advised a telecommunications company on its equity participation in Digital Nasional (DNB). This was one of the most significant deals in the Malaysian telecommunications sector last year, as it involved the roll-out of 5G networks. Though the arrangement was initiated by the government, the industry participants still needed to proceed with caution when collaborating, especially as they are competitors in the market, so as not to be seen as engaging in any cartel activities, which are strictly prohibited under competition law.
Banking and finance
Work highlights
Acted as Malaysian counsel to HSBC Bank Canada in respect of the amendment of the Second Amended and Restated Credit Agreement relating to prior banking facilities of $120 million granted to a Canadian public corporation by HSBC Bank Canada. The Canadian public corporation secured the facilities to refinance certain existing debt and to fund other general corporate needs.
Advised Carlyle Aviation Management on the securitization of a portfolio of aircraft, which included a total of eight aircraft leased to two international airlines in Malaysia. The arranger for the securitization was Goldman Sachs, and the debt being issued was rated by Fitch and Kroll. The securitization was necessary in relation to the issuance of the debt instruments. The credit ratings were based in part on the firm’s advice from a local law perspective, assessing the validity and enforceability of the security documents underpinning the transaction.
Key clients
- Bursa Malaysia
Construction
Work highlights
Advising Mass Rapid Transit Corporation (MRT Corp) on the construction of the new MRT 3 Circle Line. The new line is a proposed 13th rail transit line, the 4th subway line and the 5th fully automated and driverless rail system in the Klang Valley area of Malaysia. Once completed, this line will form the loop line of the Klang Valley Integrated Transit System. Proposed to serve some densely populated areas, this project has great significance for the residents.
Advising government-owned client Prasarana Malaysia on the upgrading of the Automatic Train Control (ATC) system of the Kelana Jaya Light Rail Transit line. The Kelana Jaya LRT line is one of Malaysia’s busiest rail routes. A fully functioning ATC system is essential to ensure the smooth daily operation of this line. Upon the completion of the ATC system upgrade, commuters will benefit from improved safety, reliability and efficiency of service.
Key clients
- Dhaya Maju Infrastructure (Asia), HQC Engineering (Malaysia), RTS Operations, Turnpike Synergy
Technology and telecommunications
Work highlights
Advised a global telecommunications services and equipment supplier in respect of its strategic global arrangement with a giant telecommunications service provider group. The arrangement allows the companies’ subsidiaries to enter into agreements with each other. It sets out specific terms and controls for monitoring these subsidiary agreements. The arrangement is expected to foster a long-term global relationship between the companies.
Acted for an information and communications technology (ICT) service provider in an arbitration arising from a contract against the Malaysian Communications & Multimedia Commission. The arbitration was the first arbitration in Malaysia involving allegations by the Malaysian Communications & Multimedia Commission, a statutory body, of a nationwide data leak of personal information of millions of end-users of mobile communication devices.
Asia Business Law Journal – 2023 Edition
Raja, Darryl & Loh was among the winners at Asia Business Law Journal’s Malaysia Law Firm Awards 2023. The firm was ranked one of the top four law firms (each firm of equal standing) in the following categories:
- Aviation
- Insurance and Reinsurance
- Taxation
- Technology Media and Telecoms
IFLR 1000 Asia Pacific – 2023 Edition
The IFLR1000, a publication that is called “the guide to the world’s leading financial and corporate law firms and lawyers”, recently released its rankings for Malaysia. We are pleased to note that the firm has been ranked in the following practice areas:
- Banking & Finance
- Capital Markets: Debt
- Capital Markets: Equity
- M&A
- Project Development: Infrastructure
We also congratulate the following partners who have been accorded the following individual accolades:
Highly Regarded
- Chong Kok Seng – Banking, M&A
- Vijey Mohana Krishnan
- Tai Chu Wei – Capital Markets, M&A
Rising Star Partner
- Zack Tan Zhang Wei – Project Development: Infrastructure
Reproduced below, verbatim, are the review remarks by IFLR1000.
IFLR1000 Reviews
Financial and corporate
Founded in 1964, full-service law firm Raja Darryl & Loh is located in Kuala Lumpur.
Focusses / specialisms
The firm has a well-established financial and corporate practice.
The banking team advises on both conventional and Islamic finance transactions and also has experience in aviation finance and the fintech space.
The corporate team often acts on mergers and acquisitions for foreign clients and has a focus on the technology and industrials sector.
The projects team is experienced in sectors such as construction, transport and energy.
Key clients
Notable clients include Tien Wah Press Holdings, Cloudaron Group, MUFG Bank, Citibank, Mega First Corporation, Digicom, Ericsson, Decathlon, Hong Leong Group and Intel.
Client feedback: 32nd edition (2022/2023)
Capital markets
“Good teamwork.”
M&A
“Strong local law knowledge and comprehensive full offering of legal services.”
BENCHMARK LITIGATION - 2023 Edition
Benchmark Litigation is a publication that recognises the dispute resolution practices of legal firms in the Asia Pacific region. Consistent with the results in the past few years, the firm’s Construction litigation practice has again been ranked in Tier-1.
The firm also achieved high rankings in the following categories:
- Commercial & Transactions
- Labour & Employment
- Tax
- Intellectual Property
Benchmark Litigation has recognised these partners for the calibre of their work as follows:
- Raja Eileen Soraya – Commercial & Transactions
- Ravindra Kumar Rengasamy – Labour & Employment; Commercial & Transactions;
- Vijey Mohana Krishnan – Tax
- Ooi Huey Miin – Construction; Commercial & Transactions
- Tham Li Vyen – Labour & Employment
In addition, for the 4th year in a row, Raja Eileen Soraya has been listed among the “Top 100 Women in Litigation – Asia Pacific”.
EDITORIAL COMMENTS FROM BENCHMARK LITIGATION
Dispute resolution
The construction practice at Raja Darryl & Loh wins plaudits from the market, and its medical negligence, labour and employment, and tax practices are similarly well-regarded. The dispute resolution team consists of 13 partners who specialise in contentious matters across the aforementioned areas, along with intellectual property, media, technology and competition. A significant portion of its commercial disputes practice is representing banks and other financial institutions in court.
Notable figures within the team include commercial disputes partners Raja Eileen Soraya and Huey Miin Ooi, construction specialist Choon Hon Leng, labour expert Ravindra Kumar Rengasamy and tax specialist Vijey Krishnan.
Among the construction dispute resolution cases, the firm successfully represented a property development company in the High Court and subsequently in the Court of Appeal, obtaining judgment against the main contractor for liquidated ascertained damages. The team also successfully represented a piling contractor in a civil suit against a developer who had refused to pay for the piling works completed.
In intellectual property, the IP team is representing an IT solutions provider in suing another company for copyright infringement of its client’s computer programs, which were innocently used. Another IP dispute had the team acting for a luxury fashion house in commencing a trademark revocation action against a registered trademark on the ground of non-use.
The labour team was triumphant for its client, defending a claim for unfair dismissal brought by an ex-employee who was retrenched due to business downturn in light of the Covid-19 pandemic. The favourable decision in this case confirmed the recognition of the Industrial Court towards an employer’s management prerogative to reorganize its workforce for bona fide reasons.
The details of the clients the firm worked with are confidential.
Client feedback
“Good grasp of legal knowledge.” – Intellectual property
“Tax controversy and tax litigation requires strong understanding of the taxpayer’s business and industry issues – which RDL is able to appreciate during the working relationship.” – Tax
Phye Keat Chew
“Knowledgeable and commercially minded.”
Vijey Krishnan
“Strong understanding of the taxpayer’s business profile and we appreciate the detailed research on their business activities to achieve the results.”
LEGAL 500 ASIA PACIFIC – 2023 Edition
Congratulations to the Dispute Resolution practice group for topping the rankings again.
Nine other practice groups in the firm achieved commendable rankings, as before. Leading litigator Raja Eileen Soraya and seasoned TMT practitioner Tong Lai Ling maintain their positions in the Hall of Fame. Chew Phye Keat and Vijey Krishnan are once again named as Leading Individuals, joined by Choon Hon Leng. Tham Li Vyen and William Wong continue to be recognised as Next Generation Partners.
Reproduced below, verbatim, are the review by the Legal 500 editorial team and the testimonials from the firm’s clients as given to Legal 500.
DISPUTE RESOLUTION
Raja, Darryl & Loh houses a ‘strong and reliable team’, with demonstrable experience at all levels of court, as well as tribunals and regulatory authorities. The practice acts for a diverse range of clients across the aviation, banking and finance, consumer goods and hospitality sectors, and is noted for its expertise in medical negligence and healthcare disputes. Practice head Ng Sai Yeang advises on corporate and insolvency litigation, in addition to representing clients in shareholder disputes, while Raja Eileen Soraya handles medico-legal and dento-legal cases. Mark La Brooy primarily focuses on the litigation aspects of insolvencies and Ooi Huey Miin is praised as a ‘meticulous and composed advocate’.
Hall of Fame
Raja Eileen Soraya – Raja, Darryl & Loh
Practice head(s):
- Ng Sai Yeang
Other key lawyers:
- Raja Eileen Soraya; Mark Le Brooy; Ooi Huey Miin; Charlaine Adrienne Chin
Testimonials
‘The team of Raja Eileen Soraya & Thinesh Bathmala were really instrumental in achieving our objectives – professional, strategic and great depth of knowledge.’
‘We work with the firm on various of litigation issues. From what we experienced, future clients may expect a very strong and reliable team to represent them in court.’
‘Ooi Huey Miin is a very meticulous and composed advocate. We believe he has great knowledge and strong communication skills.’
‘Responsive, knowledgeable and at the forefront of latest legal developments.’
‘Raja Eileen and Charlaine Adrienne Chin are responsive, go the extra mile and put clients first.’
Key clients
- Petron Malaysia Refining & Marketing Bhd
- Petron Oil (M) Sdn Bhd
- The Edge Media Group
Work highlights
- Acted for Malaysia Offshore Mobile Production (Labuan) Ltd as the lessor of 2 mobile offshore production units in its multiple claims against the lessee and successfully obtained a judgment for over $42 million.
- Defended United Overseas Bank (M) Berhad in the Court of Appeal in an appeal by a judgment debtor.
- Acted for Segi Astana Sdn Bhd and succeeded in obtaining judgment in the High Court against a commercial tenant that had sought to invoke a defence under the Covid-19 Act.
ANTITRUST AND COMPETITION
Raja, Darryl & Loh’s competition team is led by Chew Phye Keat. Advisory work regarding clients’ adherence with the Competition Act 2010 and the regulations invoked by the Malaysian Competition Commission (MyCC) form a large proportion of the team’s workload. Key areas of expertise include acting for clients in the automobile, food and consumer goods sectors, in addition to advising on mergers and collaborations between companies. Senior associate Cheong Chun Yong has experience in conducting intensive due diligence on business operations and policies to ensure compliance under Malaysian law.
Leading individuals
Chew Phye Keat – Raja, Darryl & Loh
Rising stars
Cheong Chun Yong – Raja, Darryl & Loh
Practice head(s):
Chew Phye Keat
Other key lawyers:
Cheong Chun Yong
Work highlights
- Advised a manufacturer of consumer products on a potential collaboration with a competitor.
- Advised a building materials supplier on various competition risks arising from the proposed roll-out of a loyalty programme.
- Advised clients on various issues raised by the Malaysian Competition Commission in a market review.
BANKING AND FINANCE
Raja, Darryl & Loh has expanded its conventional banking work with a growing number of engagements from Malaysian banks, and maintains its strong record in aviation finance. In addition, the team hired Islamic finance specialist Syed Adam Alhabshi from Shook Lin & Bok in April 2022, with the aim of further developing its Islamic finance credentials and spread of work in this area. The firm has an impressive number of banks and financial institutions as clients. Chong Kok Seng is a prominent figure in aviation finance and is further noted for his expertise in debt restructurings in the aviation sector. Chew Phye Keat leads the practice and Chong Mei Mei is noted for fintech matters, including the financing of fintech businesses, and other conventional financings.
Practice head(s):
Chew Phye Keat
Other key lawyers:
Syed Adam Alhabshi; Chong Kok Seng; Chong Mei Mei
Testimonials
‘Extremely strong asset finance team, with a special emphasis on aviation finance.’
‘Chong Kok Seng is among the best asset finance attorneys in Malaysia.’
Key clients
- Malayan Banking Berhad
- Maybank Islamic Berhad
- MUFG Bank (Malaysia) Berhad
- RHB Bank Berhad
- AEON Credit Service (M) Berhad
Work highlights
- Advised HSBC Bank Canada on amendments to an intercreditor agreement and certain financing documents in relation to prior banking facilities granted to a Canadian public corporation, which are secured by the Malaysian subsidiary of the borrower.
- Acted for RHB Bank Berhad on a RM60m loan facility to two borrowers that are subsidiaries of a well-known public-listed real property developer.
- Acted for Maybank Islamic Bank Berhad, which provided Islamic banking facilities totalling RM30m to a fintech borrower.
INTELLECTUAL PROPERTY
Raja, Darryl & Loh’s ‘knowledgeable and experienced’ IP team is led by Yvonne Ong. It has contentious and non-contentious abilities, and advises local and international clients on the full range of issues arising in this area of law in Malaysia. Noteworthy work includes its successful representation of a technology company in the High Court, regarding an alleged copyright infringement. The industry sectors its work covers range from fashion to pharmaceuticals and consumer goods. Its advisory work spans the full spectrum of IP regulatory issues, often involving both domestic and cross-jurisdictional elements.
Leading individuals
Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
Yvonne Ong
Other key lawyers:
Leong Ooi Ling; Chew Phye Keat; Choon Hon Leng
Testimonials
‘They are very professional and swift in responding; they give practical solutions to issues.’
‘Partner Yvonne Ong has been very prompt in her responses and we are very satisfied with her services, whilst managing director Mr. Chew Phye Keat is ever-ready to help global colleagues.’
‘The team is knowledgeable and experienced in their IP practice and provides prompt assistance.’
‘Yvonne Ong and Chew Phye Keat are both knowledgeable and experienced and provide excellent services to their clients. They are always attentive and prompt in assisting us.’
‘They are quick in understanding our commercial requirements and they offer practical solutions.’
‘Working with Yvonne Ong is a breeze.’
‘Their solutions and suggestions are commercially-minded, which help clients to better strategize and focus their decision making process.’
‘Yvonne Ong has good commercial sense and understands and grasps technical and engineering issues quickly. Yvonne offers good alternative solutions with possible commercial impacts in mind. Leong Ooi Ling is also very thorough and hardworking.’
Key clients
- Mattel, Inc.
- Hewlett Packard Enterprise
- Vitally Sdn Bhd
- Giorgio Armani
Work highlights
- Represented Giorgio Armani S.p.A successfully in a trademark revocation action in the High Court.
LABOUR AND EMPLOYMENT
Ravindra Kumar Rengasamy leads the team at Raja, Darryl & Loh, which primarily acts for clients on advisory matters. Throughout the Covid-19 pandemic, the practice remained up-to-date with regulations and was able to advise on present employee-related matters, such as vaccinations and working from home requirements. Recent work includes defence actions concerning unfair dismissals and the principle around which authority figure must enact said dismissal for it to be legitimate, as well as misconduct and poor performance matters on the part of the employee.
Next Generation Partners
Tham Li Vyen – Raja, Darryl & Loh
Practice head(s):
Ravindra Kumar Rengasamy
Other key lawyers:
Tham Li Vyen; Cheong Jun Kid
Testimonials
‘They appreciate the urgency and offer pragmatic solutions, in easy to understand language.’
‘Tham Li Vyen responds quickly to queries and gives us clear guidance, always taking into account our commercial needs.’
Key clients
- RBC Group
Work highlights
- Defended Bristol Technologies (M) Sdn Bhd in Judicial Review proceedings before the High Court where it has been affirmed that an employer may take disciplinary action, including dismissal, if the employee commits acts of misconduct during the probation period.
- Defended The Edge Property Sdn Bhd successfully in the Industrial Court, in a case that confirmed the recognition of the Court of an employer’s management prerogative to reorganize its workforce for bona fide reasons.
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh’s real estate and construction offering is jointly led by Choon Hon Leng and Chong Mei Mei. Counting property development companies and contractors among its key list of clients, the team has demonstrable experience in high-end disputes concerning damages before the Court of Appeal and the High Court. The practice advises on matters pertaining to damages for unpaid work and loss of earnings due to delays in work, in addition to land issues. Other key members of the team include Ooi Huey Miin, who has noted for his capability in construction-related disputes, and Hor Shirley, who focuses on contentious issues arising from construction projects.
Leading individuals
Choon Hon Leng – Raja, Darryl & Loh
Practice head(s):
Choon Hon Leng; Chong Mei Mei
Other key lawyers:
Ooi Huey Miin; Chong Kok Seng; Wong Quan Sean; Hor Shirley; Habibah Ahmad Tajuddin; Giselle Yeow
Testimonials
‘Chong Kok Seng and Wong Quan Sean have, on several occasions, provided us with the full range of corporate real estate services. Chong Kok Seng in particular, is very client-focused and gives significant attention to our acquisitions; he is dedicated to the client’s success.’
‘RDL, for us, stands out for its responsive, diligent and logic. Working with them is an enjoyable experience.’
‘Kok Seng can fly, Quan Sean can dive – we feel safe to work with them as they always have our best interests at heart.’
‘The team always thinks in the shoes of the client and provides practical advice.’
‘The team’s strength and key capability lies in deep insight and knowledge in the relevant industry and in its ability to strategize depending on the client’s commercial needs and requirements.’
‘Choon Hon Leng has provided timely advice and assistance with litigation matters, especially in strategising as part of commercial needs.’
‘Shirley is most outstanding, in that she is able to assist the company in understanding legal issues, how they may impact the company’s credibility and is able to advise on the most feasible legal position for the company’s consideration.’
Key clients
- Petron Malaysia Refining & Marketing Bhd
- Petron Fuel International Sdn Bhd
- Marriott International Group
- Prasarana Malaysia Berhad
- Mass Rapid Transit Corporation Sdn Bhd
- KPMG Corporate Restructuring PLT
Work highlights
- Represented property development company KL Eco City Sdn Bhd successfully, in the High Court and Court of Appeal, obtaining judgment against the main contractor for liquidated ascertained damages.
- Represented piling contractor G-Pile Sistem Sdn Bhd successfully in a High Court civil suit against a developer for outstanding contract payments.
- Represented Edgenta Mediserve Sdn Bhd successfully in Judicial Review proceedings against the Construction Industry Development Board whereby, its decision to impose a levy on the value of non-construction works was quashed.
TAX
Vijey Mohana Krishnan leads the team at Raja, Darryl & Loh and advises clients on tax matters arising out of the oil and gas and infrastructure sectors. With demonstrable experience before the High Court and the Appeal Court, the practice counts income tax, real property gains, customs duties, sales and service tax, as well as entertainments duty and stamp duty, in its workload. William Wong is noted for his ‘in-depth understanding in the field of tax law’ and is praised as ‘outstanding’. The team has also been bolstered by the return of tax specialist Chang Ee Leen.
Leading individuals
Vijey Krishnan - Raja, Darryl & Loh
Next Generation Partners
William Wong - Raja, Darryl & Loh
Practice head(s):
Vijey Mohana Krishnan
Other key lawyers:
William Wong; Chang Ee Leen
Testimonials
‘The team members display high levels of respect and trust towards one another. The level of professionalism, accuracy and clarity in their advice is highly commendable.’
‘William Wong has great composure and clarity in explaining the technical aspects of cases, making it fluid for non-tax personnel to understand the case at hand as well as in explaining the various court processes to non-legal personnel.’
‘William Wong has in-depth understanding in the field of tax law and is able to put up defences and strategies that are best for the company’s commercial standing and financials. His focus in managing the case, as well as managing court processes and settlement, is simply outstanding.’
Work highlights
- Successfully procured the dismissal of an appeal by the Director General of Inland Revenue against our client Asia Energy Services Sdn Bhd.
- Defended George Kent (Malaysia) Berhad in appeal proceedings before the High Court.
- Succeeded in Judicial Review proceedings in the High Court, obtaining a decision in favour of our client Metrogold Commercial Sdn Bhd.
TMT (INCLUDING FINTECH)
Raja, Darryl & Loh’s ‘standout’ team drafts and negotiates IT and telecoms contracts, as well as advising on a range of commercial issues. Counting domestic and foreign companies among its key roster of clients, the practice also handles data protection matters, including data sharing agreements and cross-border data transfer risk assessments. Practice Tong Lai Ling has experience advising on technology and e-commerce contracts, while Chong Mei Mei acts for fintech companies on regulatory issues and licensing matters, and is frequently assisted by senior associate Lim Soo Ann.
Hall of Fame
Tong Lai Ling – Raja, Darryl & Loh
Practice head(s):
Tong Lai Ling
Other key lawyers:
Chong Mei Mei; Lim Soo Ann
Testimonials
‘Good, knowledgeable and all-round team. Very reasonable fee structure.’
‘The people and the process provided a great experience from an urgency and advisory perspective.’
‘The individuals we worked with are Chong Mei Mei and Lim Soo Ann who stood out for their experience and willingness to explore new ideas.’
‘The diversity of knowledge in several areas of law by the entire team gives us, as a client, only the best advice and service that the industry needs. The partners and associates are very prompt and accurate when rendering us advice. Kudos to the team.’
‘Standout firm in Malaysia for a wide range of tech and data work.’
‘Responsive, collaborative, and understand clients’ practical concerns/interests well.’
Key clients
- Silverlake Group
- Sime Darby Berhad
- MCIS Insurance Berhad
- AEON Credit Service (M) Berhad
Work highlights
- Advised MCIS Insurance Berhad with regard to its subscription for a 4.99% stake in Merchantrade Asia Sdn Bhd.
- Advised AEON Credit Service (M) Berhad on its collaboration with In2Niaga Sdn Bhd and the Ministry of Entrepreneur Development and Cooperatives.
- Acted for CapSphere Services Sdn Bhd in respect of its Islamic Peer-to-Peer (P2P) financing platform.
CORPORATE AND M&A
The corporate and commercial team at Raja, Darryl & Loh is diversifying its expertise into new practice areas such as ESG, digital healthcare and corporate governance, whilst also enhancing its reputation among clients in the pharmaceuticals and biotech sectors. Practice head Chew Phye Keat handles a broad spectrum of issues relating to joint ventures and licensing. Tai Chu Wei acts on cross-border M&A deals, while Joyce Teh focuses on restructurings and foreign direct investments.
Practice head(s):
Chew Phye Keat
Other key lawyers:
Tai Chu Wei; Joyce Teh
Testimonials
‘They are an excellent independent Malaysian firm with good responsive lawyers, especially the partners. Technically sound, such that they are very happy to take on matters in new areas, but by putting in sound intellectual analysis as opposed to just “dabbling”.’
‘Joyce Teh is very dynamic with quality work. Responsive and her approach to fees is long term.’
‘Strong local knowledge and available on short notice.’
‘Prompt response. Flexible in structuring the legal fee quotes, taking into account the complexity, structure and timeline of the transaction.’
Work highlights
- Acted as Malaysian counsel to Adidas AG regarding the disposal of its Reebok business worldwide.
- Acted as Malaysian counsel to Nefab Group AB, headquartered in Sweden, in its global acquisition of the Reflex Packaging Group.
- Advised Intersurgical AG with regard to its acquisition of Pulmodyne, a USA and Malaysian-based manufacturer specialising in high quality innovative airway and respiratory products.
PROJECTS AND ENERGY
Raja, Darryl & Loh represents clients in the infrastructure sector, including project developers, asset owners, operators and/or concessionaires. The team has experience in projects involving dams, railways, highways, airports, power plants and tunneling works. Practice head Choon Hon Leng advises on the contracting and procuring structure for a project, including the awarding of tenders.
Practice head(s):
Choon Hon Leng
Key clients
- Prasarana Malaysia Berhad
- Mass Rapid Transit Corporation Sdn Bhd
- PR1MA
- HQC Engineering (Malaysia) Sdn Bhd
Work highlights
- Advised RTS Operations Pte Ltd as the concessionaire of the pending Johor Bahru – Singapore Rapid Transit System, a project costing approximately RM10 billion.
- Advised Mass Rapid Transit Corporation Sdn Bhd on the construction of the new MRT3 Circle line, which is part of the Klang Valley Mass Rapid Transit (KVMRT) Project.
- Advised Dhaya Maju Infrastructure (Asia) Sdn Bhd as the main contractor of Phase 1 of the Klang Valley Double Track (KVDT-1) Electrification rehabilitation project.
CHAMBERS FINTECH LEGAL - 2023 Edition
The firm has maintained its ranking in the latest edition of Chambers’ specialist guide, FinTech Legal, which recognises our FinTech practice.
Chambers has also again ranked partner Chong Mei Mei, being one of only three lawyers in Malaysia to be ranked for FinTech work.
REVIEW BY CHAMBERS
Reproduced below are the review by Chambers and remarks from the firm’s clients as given to Chambers.
What the team is known for
Raja, Darryl & Loh is a well-established full-service Malaysian firm. It brings historic banking and finance expertise to the FinTech sector, and advises a broad range of domestic and regional clients, from institutions to startups. The team is noted for handling work in the digital payments space, particularly with regard to matters dealing with international remittances and related regulations.
Strengths
“I rate their partners very highly – they are very good professionals.”
Notable practitioners
Chong Mei Mei is a partner in the corporate and commercial group. She acts for a range of FinTech clients, including startups, P2P operators and cryptocurrency exchanges.
CHAMBERS ASIA PACIFIC – 2023 Edition
In the 2023 edition of Chambers Asia Pacific, the firm and several partners have once again been recognised for their work in their respective areas of practice.
Ranked Practice Groups:
- Banking & Finance
- Competition/Antitrust
- Corporate/M&A
- Dispute Resolution
- Employment and Industrial Relations
- Intellectual Property
- Tax
- Technology, Media, Telecoms
Ranked individuals
- Chew Phye Keat
- Ng Sai Yeang
- Ravindra Kumar Rengasamy
- Vijey Mohana Krishnan
- Tong Lai Ling
- Yvonne Ong
- Choon Hon Leng
REVIEW BY CHAMBERS
Reproduced below are the review by Chambers and remarks from the firm’s clients as given to Chambers.
BANKING & FINANCE
What the team is known for
The legal team at Raja, Darryl & Loh in Malaysia offers borrowers and financial institutions a range of transactional and regulatory support. The team handles both conventional and Islamic financings while also assisting with acquiring banking licences and regulatory approvals. The department is well versed in local and cross-border matters.
Strengths
“Raja, Darryl & Loh are able to streamline the Shari’a requirements with the common law legal requirements.”
Notable practitioners
Chong Kok Seng and Chong Mei Mei in Kuala Lumpur are key points of contact.
COMPETITION/ANTITRUST
What the team is known for
Raja, Darryl & Loh’s competition lawyers in Malaysia advise clients on engagement sessions with the Malaysia Competition Commission as well as matters of organisational conduct. It is often engaged to advise clients on compliance with competition laws in Malaysia. The team is experienced in assisting companies from a range of industries, including insurance, finance, manufacturing and pharmaceuticals.
Notable practitioners
Chew Phye Keat (ranked in Band 1) is a leading competition lawyer in Malaysia who regularly advises clients on risk profiles of behavioural changes within organisations and compliance audits.
CORPORATE/M&A
What the team is known for
Raja, Darryl & Loh has an established corporate law team in Kuala Lumpur, regularly acting for both domestic and international clients on mandates in Malaysia, such as M&A and joint ventures. The firm often handles cross-border deals, including advising on the Malaysian part of global mergers, and has strong expertise across different sectors, such as life sciences, retail and manufacturing.
Strengths
“Raja, Darryl & Loh are good at coming out with legally strong suggestions. They have specialists in different fields who can assist the client.”
“They are clear and thoughtful in response.”
Notable practitioners
Tai Chu Wei, Joyce Teh (Teh Yen Yen) and Chong Kok Seng are the main points of contact for clients in Kuala Lumpur.
DISPUTE RESOLUTION
What the team is known for
Raja, Darryl & Loh is home to a longstanding disputes practice in Kuala Lumpur with experience handling medical malpractice and defamation cases. The firm is active on both litigation and arbitration, including contractual, restructuring and insolvency, construction and real estate cases, often representing banking, energy and property clients, as well as medical professionals. The group frequently represents Malaysian clients, as well as foreign corporates.
Strengths
“The Raja, Darryl & Loh team has never failed us in their support and is very responsive.”
“The lawyers on the team are very committed, helpful, easy to work with, and have vast as well as wide experience and knowledge.”
Notable practitioners
Ng Sai Yeang is the head of Raja, Darryl & Loh’s dispute resolution team in Malaysia. She has a strong practice with a particular emphasis on banking disputes, representing leading Malaysian financial institutions.
“Sai has provided services to our satisfaction for a long time.”
“She is a very senior litigator.”
Choon Hon Leng enters the ranking for his impressive work in the area of construction disputes. He often comes before the High Court on such mandates, but also represents clients in both domestic and international arbitrations.
“Hon is committed despite his packed schedule and always ready to help. Not only that, he would think in the client’s shoes, ready to solve and find best ways to achieve a mutual benefit outcome.”
EMPLOYMENT & INDUSTRIAL RELATIONS
What the team is known for
Raja, Darryl & Loh has an active employment law practice in Malaysia, advising employers on a range of contentious and non-contentious matters. The team regularly assists clients with unfair dismissal cases, as well as retrenchment, the drafting of employment contracts and performance management planning. The firm represents domestic clients, particularly in the banking, technology, energy and real estate sectors.
Strengths
“Raja, Darryl & Loh has demonstrated a strong level of expertise. It has a strong grasp of the laws and consistency in rendering advice and support.”
“They are well versed on the application of the statutory law and also developments arising from the latest court decisions.”
Notable practitioners
Ravindra Kumar Rengasamy is a partner at Raja, Darryl & Loh in Kuala Lumpur. He is a respected practitioner who frequently defends employers in unfair dismissal cases. He has experience working for corporates in a range of sectors including TMT and real estate.
“Ravindra is a very reputable lawyer.”
INTELLECTUAL PROPERTY
What the team is known for
The respected IP legal department at Raja, Darryl & Loh provides a range of contentious and advisory IP services in Malaysia, including trade marks, designs and copyrights. The firm regularly assists clients with litigation and prosecution, possessing expertise across the TMT, pharmaceutical, manufacturing and consumer goods sectors, and also advises companies on branding exercises.
Strengths
“Raja, Darryl & Loh’s lawyers are very professional, respond swiftly and always give practical solutions to problems.”
“The team is practical and creative in its approach.”
Notable practitioners
Yvonne Ong has an established practice acting on IP registration and protection, including advice on branding, as well as infringement matters in Malaysia. Her clients include entities in the insurance, retail and manufacturing spheres.
“Yvonne is very helpful in providing solutions and feedback.”
“We are very happy with her services. She is dedicated and delivers on time.”
TAX
What the team is known for
The experienced tax law team at Raja, Darryl & Loh has a solid reputation for dealing with both litigious and advisory matters in Malaysia. It is knowledgeable on both direct and indirect tax mandates, with expertise that spans income tax, GST and customs. The team is well placed to advise on transactional tax issues, regularly representing high-profile domestic and international clients. It is particularly active for energy and property sector companies, as well as other industries such as insurance and infrastructure.
Strengths
“The firm has a strong technical team with the in-depth business acumen needed to understand tax issues.”
“The lawyers are able to handle complex matters well and are up to date with recent developments.”
Notable practitioners
Vijey Mohana Krishnan is well regarded in Malaysia’s tax law market. He often advises on customs, income tax and GST mandates.
“Vijey always provides us with a business-friendly legal solution in a timely manner.”
“He always has a strong attentive agenda on the tax matter and focuses on resolution first.”
TECHNOLOGY, MEDIA, TELECOMS
What the team is known for
Raja, Darryl & Loh’s respected TMT department has strong expertise in the IT sector, including outsourcing and software licensing. The team is also well versed in regulatory requirements pertaining to online applications, telecommunications and personal data protection. It acts for a wide range of Malaysian and foreign clients from the TMT space, as well as companies in the pharmaceutical sector.
Strengths
“Raja, Darryl & Loh has in-depth knowledge on telecoms matters.”
“The firm has strong skills and expertise. The team is able to understand and provide practical solutions for complex issues.”
Notable practitioners
Tong Lai Ling has a notable presence in Malaysia’s TMT legal market, with particular strength working on software licensing and regulatory compliance across the technology and telecommunications sectors.
“Lai Ling offers practical and pragmatic solutions, taking into consideration the business model and operational need of clients. She is accessible and easy to talk to. She is well-versed in the laws.”
“She is a strong subject matter expert, provides practical and commercial solutions, is engaging and accessible and provides good training.”
ASIALAW - 2023 Edition
The legal publication AsiaLaw has released its rankings for 2023 and we are happy to note that the firm has maintained its top-tier ranking in the practice area of Construction.
Our rankings achieved for the following practice areas/industry sectors are:
OUTSTANDING
- Construction
HIGHLY RECOMMENDED
- Competition/Antitrust
- Dispute Resolution
- Labour & Employment
- Tax
- Technology & Telecommunications
RECOMMENDED
- Aviation
- Banking & Finance
- Banking & Financial Services
- Consumer Goods & Services
- Corporate and M&A
- Infrastructure
- Intellectual Property
RECOGNISED
- Capital Markets
OTHER NOTABLE
- Restructuring & Insolvency
Raja Darryl & Loh is frequently sought out by technology start-ups and other established companies for its extensive expertise in financial technology and digital banking. It is also experienced in various transactions including aviation finance, M&A, joint ventures and equity capital markets. With its robust disputes practice, the firm is active in various contentious matters, including antitrust, construction, employment and tax cases. Phye Keat Chew, Choon Hon Leng, Raja Eileen Soraya, Ravindra Kumar Rengasamy, Vijey Mohana Krishnan and Tong Lai Ling are recommended for competition, construction, dispute resolution, employment, tax and technology, respectively.
Client feedback
“Solution-oriented, industry knowledge, analysis of grey areas.” – Banking and finance
“They were able to provide well rounded advice aside from the documentation as well.” – Banking and finance
“Optimistic and professional in handling issues and people.” – Construction
“Raja Darryl & Loh (RDL) drafted thoroughly on terms of the contracts and in such a way protecting our rights and interest and raised considerations which had not been foreseen by us.” – Corporate and M&A
“Very professional.” – Dispute resolution
“Experienced firm to give advice on competition law issues, tactical to deal with shareholders, provide good, practical and sound advice.” – Insurance
“Prompt response and sound advice.” – Intellectual property
“Experience and able to provide a wide range of advice.” – Intellectual property
“Prompt response and attention to detail.” – Labour and employment
“I find them to be extremely knowledgeable as well as always responsive to our requirements. They are able to quickly grasp the requirements and provide their viewpoints with supporting legal basis.” – Labour and employment
“Expert in the area of medicolegal and confident when it comes to handling the regulatory affairs.” – Regulatory
Phye Keat Chew
“Experienced, responsive and provide sound advice.”
Mei Mei Chong
“Problem solver with industry knowledge and firm grasp of law and regulations required for this.”
“Her ability to understand our requirements comprehensively enabled us to complete our product development in a timely manner.”
“She has provided legal opinions and good guidelines on legal issues for laymen.”
Hon Leng Choon
“Professional with excellent communication skills.”
“Deep knowledge of the TMT industry coupled with years of litigation experience particularly in giving insight to strategising and ultimately problem solving.”
Himin Ng
“She is always actively engaging in her works and follows up closely with the client proactively. Deadlines of filing and submission of documents are always adhered to.”
Yvonne Ong
“Prompt response and sound advice.”
“Very commercially minded and good innovative solutions.”
Raja Eileen Soraya
“She is very humble despite being very knowledgeable. Listens well and provides constructive feedback and solutions.”
Chu Wei Tai
“Professional, pleasant, competent and responsive.”
Li Vyen Tham
“Sharp and accommodating. Willing to explore solution with business and spend time understanding operation.”
“Li Vyen is very client centric and always makes herself available at short notice. If she is caught up with another engagement, she manages our expectation and will have another support assigned with her working in the background. She is also creative and always provides a balanced perspective.”
“She is able to position and structure our interests based on feedback provided.”
William Wong
“William Wong is sharp, approachable and provides sound advice even before the client asks for it. Meetings won’t run overtime and objectives are always achieved. His time management is impeccable, in a sense that we always know we are a priority despite him having other files at hand.”
Vijey Mohana Krishnan and William Wong
“They are experts in tax matters and often provide sound commercial and tactical advice in maneuvering the case, foreseeing and preparing for the next 10 steps ahead in all possible avenues.”
Tax
Work highlights
Acted successfully for a client in proceedings for judicial review of the decision of the Minister of Finance to direct the Director-General of Customs to issue a bill of demand to collect goods and services tax on service that was in fact zero-rated.
Labour and employment
Work highlights
Successfully defended a company against an unfair dismissal claim filed by its employee. This case reaffirmed that acts of dishonesty by an employee are adequate grounds for dismissal.
Intellectual property
Work highlights
Representing an IT solution provider in suing another company for copyright infringement of the client’s computer programs.
Represented a luxury fashion house in commencing a trademark revocation action against a registered trademark on the ground of non-use.
Dispute resolution
Work highlights
Successfully represented an appellant in an appeal to the Court of Appeal based on medical negligence and breach of contract.
Acting for the lessor of two mobile offshore production units in its multiple claims against the lessee for monies due.
Restructuring and insolvency
Work highlights
Represented aircraft lessors in the restructuring proceedings of Air Asia X under section 366 of the Companies Act 2016.
Acted as Malaysian counsel to the insolvency administrators of the Wirecard group of companies in respect of the court sanctioned sale of the Malaysian assets of the group, which included its 100% equity stake in Wirecard Payment Solutions Malaysia.
Corporate and M&A
Work highlights
Advised Mega First Corporation on its acquisition of a majority stake in a private company for RM205 million.
Acting as Malaysian counsel to Intersurgical in respect of its acquisition of Pulmodyne.
Key clients
Adidas, Nefab Group, Warisan TC Holdings
Competition/antitrust
Work highlights
Advised a leading manufacturer of consumer products on competition law matters arising from a potential collaboration with a competitor.
Banking and finance
Work highlights
Represented a bank on the provision of RM60 million facilities granted to two borrowers that are subsidiaries of a well-known public-listed real property developer.
Key clients
Maybank Islamic, MUFG Bank Malaysia, RHB Bank
Construction
Work highlights
Successfully represented a main contractor in the Court of Appeal in three appeals that arose from an arbitration against a developer.
Advising a government-owned entity on the construction of the new MRT3 Circle line. The MRT3 line, together with the existing MRT1 and MRT2 lines, are part of the Klang Valley Mass Rapid Transit Project, established with the goal to transform accessibility within the Greater Klang Valley.
Key clients
KL Eco City
Technology and Telecommunications
Work highlights
Advised a major telecommunications and network equipment and services provider in the provision of a turnkey system to deploy a network.
Advised a new bank in respect of its procurement of a core digital banking solution and related services.
ASIALAW LEADING LAWYERS for 2023
The following partners have been ranked as follows:
Elite Practitioner
- Chew Phye Keat: Competition/antitrust; Intellectual Property
Distinguished Practitioners
- Ravindra Kumar Rengasamy: Labour & Employment
- Raja Eileen Soraya: Dispute Resolution
- Vijey Mohana Krishnan: Tax
- Tong Lai Ling: Technology & Telecommunications
- Choon Hon Leng: Construction
Rising Star
- Tham Li Vyen: Labour & Employment
BENCHMARK LITIGATION - 2022 Edition
Congratulations to the firm’s Construction Litigation practice group which has again achieved top ranking in Benchmark Litigation’s annual survey.
The following practice areas have also been ranked highly:
- Commercial & Transactions
- Labour & Employment
- Tax
- Intellectual Property
Benchmark Litigation has also recognised the following partners in respect of their specific practice areas:
- Raja Eileen Soraya – Commercial & Transactions
- Ravindra Kumar Rengasamy – Labour & Employment; Commercial & Transactions
- Vijey Mohana Krishnan – Tax
- Choon Hon Leng – Construction
- Ooi Huey Miin – Commercial & Transactions; Construction
- Tham Li Vyen – Labour & Employment
EDITORIAL COMMENTS FROM BENCHMARK LITIGATION
The construction practice at Raja Darryl & Loh wins plaudits from the market, and its medical negligence, labour and employment, and tax practices are similarly well-regarded. The dispute resolution team consists of 13 partners who specialise in contentious matters across the aforementioned areas, along with intellectual property, media, technology and competition. A significant portion of its commercial disputes practice is representing banks and other financial institutions in court.
Notable figures within the team include commercial disputes partners Raja Eileen Soraya and Huey Miin Ooi, construction specialist Choon Jon Leng, labour expert Ravindra Kumar Rengasamy and tax specialist Vijey Krishnan.
Among the construction dispute resolution cases, the firm successfully represented a main contractor in the Court of Appeal in three appeals that arose from an arbitration against a developer. The Court of Appeal decided in favour of the firm’s client and dismissed all three appeals with costs. The developer applied for leave to appeal to the Federal Court but the firm succeeded in getting the application dismissed in August 2021. Enforcement proceedings are now ongoing.
In one construction matter related to a sewage treatment plant project, the firm represented the main contractor in arbitration proceedings against a sub-contractor. The firm filed an application under the Arbitration Act 2005 to refer a few questions of law arising from the arbitral award to the High Court, which were decided and answered in the firm’s client’s favour at the High Court.
The firm’s tax litigators acted for a client in appeal proceedings in a matter involving the deductibility of employee stock option costs incurred by an employer. The labour team was triumphant for its food supply client, defending an unfair dismissal claim at the Industrial Court. The IP specialists are representing an IT solution provider in suing another company for copyright infringement of the client’s computer programs. They are also representing a luxury fashion house in commencing a trademark revocation action against a registered trademark on the ground of non-use.
The firm’s tax team had been bolstered by the return of Chang Ee Leen as partner in October 2021. She was a senior associate with the firm and left practice to spend some years as a tax consultant in one of the ‘Big 4’ accounting firms in Kuala Lumpur.
The details of the clients the firm worked with are confidential.
Client feedback
“The firm’s services are highly professional. The team’s advice is highly effective offering practical approach which delivered the best results for our client.” – Intellectual property
Yvonne Ong
“Yvonne is highly responsive and professional. With in-depth and extensive experience in the field, she has always been offering through advice with innovative and effective solution for resolving problems for our clients.”
LEGAL 500 ASIA PACIFIC – 2022 Edition
The firm’s Dispute Resolution practice has once again been recognised as a top tier practice, maintaining its Tier 1 ranking. Nine other practice areas have been recommended and ranked.
Partners Raja Eileen Soraya and Tong Lai Ling continue to stand out as members of the “Hall of Fame”. Partners Chew Phye Keat and Vijey Mohana Krishnan sustain their ranking as “Leading Individuals”, whilst partners Tham Li Vyen and William Wong are singled out as “Next Generation Partners”.
DISPUTE RESOLUTION
The disputes practice at Raja, Darryl & Loh handles litigation across a broad range of sectors, spanning the construction, consumer goods and services, infrastructure and healthcare industries, as well as the technology, telecoms, energy and real estate sectors; medical negligence claims are also a niche specialism. Ng Sai Yeang leads the group; she focuses on finance and corporate litigation, handling shareholder disputes, boardroom claims and receivership and insolvency litigation. Raja Eileen Soraya has extensive experience in civil and commercial litigation, dealing with professional negligence, corporate fraud and breach of fiduciary duties cases, defamation and media litigation and administrative law proceedings.
Hall of Fame
- Raja Eileen Soraya – Raja, Darryl & Loh
Practice head(s):
- Ng Sai Yeang
Other key lawyers:
- Raja Eileen Soraya
- Mark La Brooy
Key clients
- Petron Malaysia Refining & Marketing Bhd
- Petron Oil (M) Sdn Bhd
- The Edge Media Group
ANTITRUST AND COMPETITION
Chew Phye Keat heads the competition law practice at Raja, Darryl & Loh, which frequently advises on competition audits and handles due diligence on business operations, agreements and policies. Key sector specialisms lie in the automotive, oil & gas and telecoms industries, as well as consumer goods and services, insurance and technology. The team also represents clients in contentious matters before the MyCC and in the courts, and is highly recommended for advising on abuse of dominant position and anti-competitive clauses in agreements.
Leading individuals
- Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Chunyong Cheong
INTELLECTUAL PROPERTY
The team at Raja, Darryl & Loh has expertise and experience in the commercialisation and management of intellectual property, including joint ventures, technology transfer and licensing, software contracts, intellectual property audits and policy making. IP practice head, Yvonne Ong, oversees the prosecution and enforcement of intellectual property and, together with partner Ooi Ling Leong assists clients on the domestic and international protection of IP assets. Senior partner Chew Phye Keat specialises in corporate, commercial, competition and intellectual property laws. The group also works with the broader corporate and M&A and the insolvency practice groups, as required.
Leading individuals
- Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
- Yvonne Ong
Other key lawyers:
- Ooi Ling Leong
- Chew Phye Keat
Testimonials
‘We would go to Raja, Darryl & Loh for any IP assistance in Malaysia. They are highly professional, reliable and responsive. They are always be able to offer the most practically effective solution to the IP issues we are seeking to resolve for our clients in Malaysia.’
‘Yvonne Ong is the senior partner of the firm who has extensive experiences in all IP areas. She is always be able to offer the reliable, creative and practically effective solutions to our IP issues.’
‘Sharon Lai has high expertise and experience providing responsive and outstanding support in IP matters before the Trademark Office of Malaysia. ’
‘We engage their IP team in respect of prosecution and enforcement of IP matters in Malaysia. We recommend Ms. Yvonne Ong (Partner, Head of Intellectual Property) and her team for their professionalism and swift service.’
‘Creative solutions, sufficient number of partners specialised in their respective fields’
‘Ms Yvonne Ong – creative and commercially minded. Able to grasp engineering concepts quickly’
Key clients
- Mattel, Inc.
- Hewlett Packard Enterprise
- Vitally Sdn Bhd
LABOUR AND EMPLOYMENT
Raja, Darryl & Loh specialises in advising clients in the consumer goods and services, manufacturing, oil and gas, infrastructure and technology sectors. In light of the pandemic, the team is increasingly advising on cost-cutting measures and disputes arising from staff rationalisation and retrenchment exercises. Ravindra Kumar Rengasamy has experience at all levels in the courts and leads the team which also includes the ‘highly competent’ Li Vyen Tham.
Next Generation Partners
- Li Vyen Tham – Raja, Darryl & Loh
Practice head(s):
- Ravindra Kumar Rengasamy
Other key lawyers:
- Li Vyen Tham
Testimonials
‘The team provides very personalised service for employment matters.’
‘Li-Vyen Tham is highly competent and my trusted employment lawyer when I have contentious employment matters in Malaysia. She’s quick to respond and offers practical advice that’s easy to understand and implement for corporates.’
‘The team is very knowledgeable and approachable with a dedicated partner. They are client-centric in their approach and always very responsive.’
Key clients
- Baker Hughes Group
- RBC Group
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh focuses on construction, engineering and infrastructure, with expertise across the life cycle of a project – the team handles work from the bid preparation process, to contract drafting and negotiation, to implementation and through to dispute resolution. Key areas of work include construction civil suits, arbitration and adjudication proceedings, as well as industrial accidents and health and safety issues. Choon Hon Leng is well-regarded for his expertise in negotiating and drafting procurement and construction contracts. He jointly heads the team with Chong Mei Mei, who manages a real estate portfolio including multiple hotel brands.
Practice head(s):
- Choon Hon Leng ; Chong Mei Mei
Other key lawyers:
- Ooi Huey Min
Key clients
- Petron Malaysia Refining & Marketing Bhd
- Petron Fuel International Sdn Bhd
- Marriott International Group
TAX
Raja, Darryl & Loh‘s broad tax offering includes litigation and structuring; its advisory work spans income tax, real property gains tax, sales and service tax and customs duties. practice head Vijey Krishnan regularly handles both contentious and non-contentious work, including significant cases in the real estate, infrastructure and technology sectors. William Wong assists with tax advice in relation to business structures and e-commerce platforms, as well as appearing in court. It has focused on advisory work recently for new clients from a range of sectors, such as food, insurance, energy, education and banking, as the courts recover capacity restricted during the pandemic.
Leading individuals
- Vijey Krishnan – Raja, Darryl & Loh
Next Generation Partners
- William Wong – Raja, Darryl & Loh
Practice head(s):
- Vijey Krishnan
Other key lawyers:
- William Wong
Testimonials
‘Vijey R. Mohana Krishnan is a complex problem solver. He is able to read and interpret legislation in a way that provides grounds to support our position. Accessible and available for consultation.’
TMT (INCLUDING FINTECH)
The TMT team at Raja, Darryl & Loh is singled out for its ‘in-depth knowledge of regulator’s policy and requirement’ and its ability to ‘contribute ideas that solve client’s problems in a pragmatic manner’. It has seen a huge growth in technology work since the start of the pandemic, particularly as concerns electronic transactions and communications. This has included advisory on digital banking, cross-border payment solutions, electronic signatures and AI-enabled health applications and related data protection issues. Digital banking, assets and derivatives are other notable areas of strength. Tong Lai Ling heads the group and advises on cyber and data protection compliance; her clients include both technology and TMT companies and other Malaysian and international companies.
Hall of Fame
- Tong Lai Ling – Raja, Darryl & Loh
Practice head(s):
- Tong Lai Ling
Other key lawyers:
- Mei Mei Chong
Testimonials
‘Good partners and knowledge. Understands business and client considerations‘.
‘Tong Lai Ling is an outstanding lawyer with excellent client service standards‘.
Key clients
- Sime Darby Berhad
- Silverlake Group
- MAA Group Berhad
- CapSphere Sdn Bhd
BANKING AND FINANCE
Raja, Darryl & Loh stands out in the market for the team’s experience in aviation finance and fintech; it regularly handles aircraft sale and purchase and aircraft leasing, financing and securitisation transactions. In the area of fintech, it advises on digital banking, cross-border payment solutions and payment systems, and has seen recent growth in work involving micro-financing delivered online and on setting up peer-to-peer financing platforms. Chong Kok Seng and Chong Mei Mei are recommended for aircraft finance and fintech, respectively.
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Chong Kok Seng
- Chong Mei Mei
Key clients
- MAA Group Berhad
- Capsphere Sdn Bhd
CORPORATE AND M&A
The corporate and M&A practice at Raja, Darryl & Loh is best known for transactions in the healthcare and technology industries; other notable experience is in aviation, financial services and manufacturing. The group regularly advises on both domestic and cross-border M&A and disposals, including multijurisdictional acquisitions. Department head Chew Phye Keat‘s practice encompasses corporate and commercial transactions, notably joint ventures in the telecoms and IT industries.
Practice head(s):
- Chew Phye Keat
Other key lawyers:
- Tai Chu Wei
- Joyce Teh
- Chong Kok Seng
Testimonials
‘We worked regularly with RDL given their ability to offer comprehensive legal services. We are able to rely on them to give us the support as needed for all matters arising in Malaysia.’
‘The firm has a broad range of capabilities, and the various partners work well together to provide solutions to clients.’
‘RDL are possibly the best Malaysian corporate firm I have worked with and are my go-to firm for all M&A, corporate and regulatory matters. The level of competence is top notch and they are also very innovative in finding solutions for clients.’
‘Joyce Teh is my go-to for corporate and commercial work. She is responsive, very competent, gives clear advice, and is reasonable on pricing. She also always makes herself personally available.’
‘The Corporate M&A team at RDL is a pleasure to work with and generally very responsive.’
Key clients
- Aspen Pumps Ltd
- MAA Group Berhad
- Silverlake Axis Ltd
PROJECTS AND ENERGY
Raja, Darryl & Loh focuses on domestic railway and public transport infrastructure projects, acting as lead counsel to the project or asset owner. Team lead Hon Leng Choon has a strong track record in handling disputes arising out of the construction of major infrastructure projects.
Practice head(s):
- Hon Leng Choon
Other key lawyers:
- Zack Tan Zhang Wei
Testimonials
‘Choon Hon Leng provides quick, in-depth responses to problems with solutions driven by years of experience.’
CHAMBERS & PARTNERS – FINTECH LEGAL – 2022 Edition
What the team is known for
Raja, Darryl & Loh is a well-established full-service Malaysian firm. It brings historic banking and finance expertise to the FinTech sector, and advises a broad range of domestic and regional clients from institutions to startups. The team is noted for handling work in the digital payments space, particularly with regard to matters dealing with international remittances and related regulations.
Notable practitioners
Chong Mei Mei is a partner in the corporate and commercial group. She acts for a range of FinTech clients, including startups, P2P operators and cryptocurrency exchanges. “She is well-versed in the FinTech space,” observes a source, who adds: “Her ability to adapt and keep up to date with the latest trends has been of tremendous assistance to us.”
Ranked Individual
Chong Mei Mei
CHAMBERS AND PARTNERS-ASIA PACIFIC – 2022 Edition
COMPETITION / ANTITRUST
What the team is known for
Raja, Darryl & Loh’s competition lawyers in Malaysia frequently advise clients on antitrust investigations, as well as transactional matters. Often engaged to advise clients on compliance with competition laws in Malaysia. Experienced in assisting companies from a range of industries, including insurance, finance, manufacturing and pharmaceuticals.
Strengths
A client appreciates Raja, Darryl & Loh’s “proven expertise.”
Work highlights
Raja, Darryl & Loh acted for four insurance companies in appealing the Malaysia Competition Commission ruling on the arrangement between the Association of General Insurers of Malaysia and insurers.
Notable practitioners
Chew Phye Keat is a leading competition lawyer in Malaysia, regularly advising clients on antitrust investigations, transactional matters and compliance audits.
TAX
What the team is known for
The experienced tax law team at Raja, Darryl & Loh has a solid reputation for dealing with both litigious and advisory matters in Malaysia. Knowledgeable of both direct and indirect tax, with expertise that spans income tax, GST, customs and stamp duty. Well placed to advise on transactional tax issues, regularly representing high-profile domestic and international clients. Particularly active for energy and property sector companies, as well as other industries such as property and infrastructure.
Work highlights
Raja, Darryl & Loh advised a property development company on a matter regarding the legality of the Inland Revenue’s substitution of one market valuation of the client’s land, which had been calculated by an independent valuer, for one calculated by the Jabatan Penilaian dan Perkhidmatan Harta.
Notable practitioners
Vijey Mohana Krishnan is well regarded in Malaysia’s tax law market. He often advises on customs, income tax and GST, with one market source describing him as “dynamic.”
TECHNOLOGY, MEDIA, TELECOMS (TMT)
What the team is known for
Raja, Darryl & Loh’s respected TMT department has strong expertise in the IT sector, including outsourcing and software licensing. Also well versed in regulatory requirements pertaining to e-commerce, online applications, telecommunications and personal data protection. Acts for a wide range of Malaysian and foreign clients from the TMT space, as well as companies in the pharmaceutical sector.
Strengths
A client comments: “Raja, Darryl & Loh is knowledgeable, efficient, prompt in its responses and understands the IT industry very well.”
“They display the utmost professionalism and deliver the best customer service,” appreciates another source.
Work highlights
Raja, Darryl & Loh advised a pharmaceutical company on the development of mobile applications for diabetic and cancer cases in Malaysia.
Notable practitioners
Tong Lai Ling has a notable presence in Malaysia’s TMT legal market, with particular strength working on software licensing and regulatory compliance across the technology and telecommunications sectors. A source says: “Lai Ling is very knowledgeable on IT contracts and personal data law, providing practical solutions or recommendations.”
DISPUTE RESOLUTION
What the team is known for
Raja, Darryl & Loh is home to a longstanding disputes practice in Kuala Lumpur with expertise in medical malpractice and defamation cases. Active on both litigation and arbitration, including contractual, restructuring and insolvency, construction and real estate cases, often representing banking, energy and property clients, as well as medical professionals. Frequently represents Malaysian clients, as well as foreign corporates.
Strengths
An interviewee appreciates the service from Raja, Darryl & Loh, reporting: “They are responsive and offer commercially sensible solutions.”
Work highlights
Raja, Darryl & Loh successfully defended a consultant plastic surgeon in the Court of Appeal, who had originally been sued by a patient in the High Court for medical negligence.
Notable practitioners
Ng Sai Yeang is the head of Raja, Darryl & Loh’s dispute resolution team in Malaysia. She has a strong practice with a particular emphasis on banking disputes, representing leading Malaysian financial institutions.
EMPLOYMENT & INDUSTRIAL RELATIONS
What the team is known for
Raja, Darryl & Loh has an active employment law practice in Malaysia, advising employers on a range of contentious and non-contentious matters. Regularly assists clients with unfair dismissal cases, as well as retrenchment, the drafting of employment contracts and performance management planning. Represents domestic and local clients, particularly in the entertainment, consumer goods, energy and manufacturing sectors.
Strengths
A client comments that Raja, Darryl & Loh is “strong in litigation and employment matters. The team is responsive and offers commercially sensible solutions.”
Work highlights
Raja, Darryl & Loh advised a publicly listed company in the food and beverages business on changes to its compensation and benefits structure linked to effects of the COVID-19 pandemic.
Notable practitioners
Ravindra Kumar Rengasamy is a partner at Raja, Darryl & Loh in Kuala Lumpur. He is a respected practitioner who frequently defends employers in wrongful dismissal cases. He has experience working for corporates in a range of sectors including consumer goods and energy.
INTELLECTUAL PROPERTY
What the team is known for
The respected IP legal department at Raja, Darryl & Loh provides a range of contentious and advisory IP services in Malaysia, including trade marks, patents and copyrights. Regularly assists clients with litigation and prosecution, possessing expertise across the TMT, pharmaceutical, manufacturing and energy sectors. Also advises companies on branding exercises.
Strengths
A source appreciates that Raja, Darryl & Loh is “understanding of what we need, and practical.”
“They have good knowledge and experience in IP,” attests another interviewee.
Work highlights
Raja, Darryl & Loh acted for an international tobacco company on securing the registration of a trade mark in the face of opposition from a company in the same sector.
Notable practitioners
Yvonne Ong has an established practice acting on IP registration and protection, including advice on branding, as well as infringement matters in Malaysia. Her clients include entities in the pharmaceutical, retail and manufacturing spheres. One client describes her as “a very knowledgeable lawyer with good commercial sense.”
CORPORATE/M&A
What the team is known for
Raja, Darryl & Loh has an established corporate law team in Kuala Lumpur, regularly acting for both domestic and international clients on mandates in Malaysia, such as M&A and joint ventures. Often handles cross-border deals, including advising on the Malaysian part of global mergers. Has strong expertise across different sectors, such as technology, construction and manufacturing. Aspen Pumps and MAA Group are examples of clients represented by the team.
Strengths
An interviewee says that the team at Raja, Darryl & Loh is “totally in charge of its subject matter and has helped us to get the job done.”
Work highlights
Raja, Darryl & Loh advised Aspen Pumps on its acquisition of shares in LNE Network Systems and another company.
Notable practitioners
Chew Phye Keat, Tai Chu Wei and Joyce Teh (Teh Yen Yen) are the main points of contact for clients in Kuala Lumpur.
RANKED INDIVIDUALS
The following partners have been ranked in the following practice areas:
- Chew Phye Keat: Competition/Antitrust
- Ng Sai Yeang: Dispute Resolution
- Ravindra Kumar Rengasamy: Employment & Industrial Relations
- Vijey Mohana Krishnan: Tax
- Tong Lai Ling: TMT
- Yvonne Ong: Intellectual Property
ASIALAW PROFILES – 2022 Edition
The 2022 publication of AsiaLaw Profiles has once again ranked the firm as “Outstanding” in the practice area of Construction.
In summary, the firm has been ranked as follows in the following practice areas/industry sectors:
OUTSTANDING
- Construction
HIGHLY RECOMMENDED
- Competition/Antitrust
- Dispute Resolution
- Labour & Employment
- Tax
- Technology & Telecommunications
RECOMMENDED
- Aviation
- Banking & Finance
- Consumer Goods & Services
- Corporate/M&A
- Infrastructure
- Intellectual Property
RECOGNISED
- Capital Markets
OTHER NOTABLE
- Restructuring & Insolvency
Raja Darryl & Loh is frequently sought out by technology start-ups and other established companies for its extensive expertise in financial technology and digital banking. It is also experienced in various transactions including aviation finance, M&A, joint ventures and equity capital markets. With its robust disputes practice, the firm is active in various contentious matters, including antitrust, construction, employment and tax cases. Phye Keat Chew, Choon Hon Leng, Raja Eileen Soraya, Ravindra Kumar Rengasamy, Vijey Mohana Krishnan and Tong Lai Ling are recommended for competition, construction, dispute resolution, employment, tax and technology, respectively.
Client feedback
“The lawyers are very professional in advising the embedded risk of our project contract conditions.” – Infrastructure
“Partners are accessible, sound knowledge and good for straightforward construction disputes.” – Dispute resolution
“Deep knowledge in the area.” – Intellectual property
“Provides commercial and practical solutions. Strong partner oversight and direct engagement by partners in all matters. Good communication and easy access to partners and lawyers.” – Intellectual property
“The firm was very responsive as well as very good value for money. The personnel I interacted with were professional and clear in their understanding (or not) of the subject matter. I fully appreciated the amount of prep work they put in before each call, which meant that I felt like my time was well spent. They were also not afraid to ask for clarifications to ensure a full understanding of their client and client’s needs.” – Technology and telecommunications
Hon Leng Choon
“Very positive and we are satisfied with his service.”
Shirley Hor
“Accessible, sound knowledge.”
Yvonne Ong
“Provides commercial and pragmatic solutions. Good communications.”
Lai Ling Tong
“Very personable. Able to articulate a client’s concerns well and provide practical options to solve problems.”
Tax
Work highlights
Acted successfully for a client in proceedings for judicial review of the decision of the Minister of Finance to direct the Director-General of Customs to issue a bill of demand to collect goods and services tax on service that was in fact zero-rated.
Labour and employment
Work highlights
Successfully defended a company against an unfair dismissal claim filed by its employee. This case reaffirmed that acts of dishonesty by an employee are adequate grounds for dismissal.
Intellectual property
Work highlights
Successfully defended a client in opposition proceedings against the client’s trademark application and secured registration of the trademark.
Dispute resolution
Work highlights
Successfully represented two medical practitioners who were sued for medical negligence by the husband of a pregnant patient who passed away.
Defended a bank in the high court and Court of Appeal against a claim for unjust enrichment.
Restructuring and insolvency
Work highlights
Represented aircraft lessors in the restructuring proceedings of Air Asia X under section 366 of the Companies Act 2016.
Acted on the restructuring of the Malaysia Aviation Group and its subsidiaries Malaysia Airlines and MAB Leasing.
Corporate and M&A
Work highlights
Advised on the disposal by NYSE-listed leading party goods company its international business to a private equity firm for a total transaction value of approximately $59 million.
Advised Hotel Royal on the acquisition of certain assets and liabilities belonging to the Royale Chulan Bukit Bintang Hotel.
Competition / Antitrust
Work highlights
Advised four insurers involved in motor insurance products in an appeal against the final decision issued by the Malaysia Competition Commission (MyCC) against Persatuan Insurans Am Malaysia, the national trade association of all licensed direct and reinsurance companies for general insurance in Malaysia, and 22 general insurers. The ultimate decision will have an impact on the business of all insurance companies.
Banking and Finance
Work highlights
Advised a bank that granted an unsecured revolving credit facility of $300 million to a public-listed Malaysian government-linked company.
Construction
Work highlights
Defending a contractor in an arbitration arising out of an explosion during construction.
Acting for the respondent in an arbitration arising from a concession agreement relating to the privatisation of the development of the Kuala Lumpur International Airport-2 Integrated Complex.
Technology & Telecommunications
Work highlights
Advised a technology company in its master services agreement with the Government of Malaysia. The agreement is part of the government’s MyDigital project which is significant in the scale of the project as a majority of government agencies in Malaysia will be required to procure managed services from its client based on the agreement.
ASIALAW LEADING LAWYERS for 2022
In addition, AsiaLaw has ranked the following RDL partners as follows:
Elite Practitioner
- Chew Phye Keat: Competition/antitrust
Distinguished Practitioners
- Ravindra Kumar Rengasamy: Labour & Employment
- Raja Eileen Soraya: Dispute Resolution
- Vijey Mohana Krishnan: Tax
- Tong Lai Ling: Technology & Telecommunications
- Choon Hon Leng: Construction
In-House Community: Firms of the Year 2021 Awards
We are happy to announce that in the recent publication of “Firms of the Year 2021” awards accorded by the Inhouse Community, the firm was named as “Firm of the Year” in the “Compliance/Regulatory” category. The firm also received an Honourable Mention in the category of “Restructuring and Insolvency”.
The Inhouse Community is described as “a mutually supportive community of In-House Legal and Compliance Professionals helping each other meet their ethical, legal and business commitments and responsibilities within their organisations.” About 17,000 in-house counsel and buyers of legal services from 11 jurisdictions were invited to participate in the annual In-House Community Survey. The responses were collected and collated to produce the Firms of the Year for 2021.
BENCHMARK LITIGATION - 2021 Edition
Once again, the publication Benchmark Litigation has ranked the firm in Tier-1 for Construction Litigation and accorded meritorious rankings for the firm’s litigation experience in the following specific practice areas:
- Commercial & Transactions
- Labour & Employment
- Tax
- Intellectual Property
The construction practice at Raja, Darryl & Loh wins plaudits from the market, and its medical negligence, labour and employment, and tax practices are similarly well-regarded.
The dispute resolution team consists of 13 partners who specialise in contentious matters across the aforementioned areas, along with intellectual property, media, technology and competition. A significant portion of its commercial disputes practice is representing banks and other financial institutions in court.
Notable figures within the team include commercial disputes partners Raja Eileen Soraya and Huey Miin Ooi, construction specialist Choon Hon Leng, labour expert Ravindra Kumar Rengasamy and tax specialist Vijey Krishnan.
Among the construction dispute resolution cases, the firm is currently acting on matters that involve the construction of high-rise office buildings and condominiums, an explosion in a shopping mall, a major international pharmaceutical plant in Negeri Sembilan, the Kuala Lumpur International Airport 2 and mobile offshore oil and gas production units in Sarawak.
In one construction matter, the firm represented the main contractor in adjudication proceedings under the Construction Industry Payment and Adjudication Act (CIPAA) against a sub-contractor. The case is ongoing, but if the adjudication decision is upheld by the court, it will break new grounds for claims that are allowable under the CIPAA and will alter the general perceived views of the act.
The firm’s tax litigators acted for a client in appeal proceedings in a matter involving the deductibility of employee stock option costs incurred by an employer.
The labour team was triumphant for its European auto manufacturer client, defending it all the way to the court of appeal in a civil action based on alleged wrongful termination of a recruitment agreement.
The IP specialists defended client Vitally in a copyright infringement case and successfully obtained a decision of the high court as the sole Intellectual Property Court in Malaysia that has confirmed the position that there is no dual protection under design laws and copyright laws.
During the research period, construction specialist and former disputes head Chang Wei Mun left the firm at the beginning of 2020.
Recent clients of the firm include Foodteller, Malayan Banking, United Overseas Bank and WCT Construction.
Client feedback
“Lawyers have excellent experience and legal knowledge.” – Labour and employment
“Gives very solid advice.” – Tax
Vijey Krishnan
“He is excellent.”
Yvonne Ong
“She is very creative, coming up with innovative solutions and she has good commercial sense.”
Recognised by Benchmark Litigation for their litigation work in the following areas:
- Raja Eileen Soraya – Commercial & Transactions
- Ravindra Kumar Rengasamy – Labour & Employment
- Vijey Mohana Krishnan – Tax
- Choon Hon Leng – Construction
- Ooi Huey Miin – Commercial & Transactions; Construction
- Tham Li Vyen – Labour & Employment
RDL ranked in Tier 1 of Media Law International – 2021 edition
For the 6th year running, the firm has been ranked in Tier 1 of the Malaysian chapter of Media Law International, a publication that is the “specialist guide to the world’s leading firms for media law”.
Media Law International editors said:
“Raja, Darryl & Loh leads the market with its media law specialisation. With particular expertise in defamation, lawyers routinely act for prominent individuals and publications in cases of libel, slander, malicious falsehood and contempt of court. The team has extensive experience representing print media and online media on freedom of speech, privacy protection and reputation management.”
LEGAL 500 ASIA PACIFIC – 2021 Edition
The firm has maintained its ranking of Tier 1 in the practice area of Dispute Resolution as well as commendable rankings in 9 other practice areas, as in year 2020.
Notably, dispute resolution partner Raja Eileen Soraya and TMT partner Tong Lai Ling have been listed in Legal 500’s new “Hall of Fame”.
DISPUTE RESOLUTION
Raja, Darryl & Loh’s disputes team undertakes cases in areas including labour and employment, IP, tax, technology and competition. Led by Sai Yeang Ng, it has a strong track record serving clients from sectors such as automotive, construction, healthcare and infrastructure. Key team members include commercial and construction litigator Choon Hon Leng, tort specialist Raja Eileen Soraya and cross-border arbitration expert Huey Miin Ooi. A standout highlight is its work for Heineken Marketing Malaysia regarding a scheme to defraud the company’s creditors. The firm is increasingly handling matters concerning the construction of high-rise buildings and offshore oil and gas production.
Hall of Fame
Raja Eileen Soraya – Raja, Darryl & Loh
Practice head(s):
Ng Sai Yeang
Other key lawyers:
Choon Hon Leng; Raja Eileen Soraya; Ooi Huey Miin
Key clients
- The Association of Private Hospitals of Malaysia
- The Edge Media Group
- The Medical Protection Society, United Kingdom
- Heineken Malaysia
- Malayan Banking Berhad
- United Overseas Bank (Malaysia) Berhad
- Petron Malaysia Group
- Hong Leong Bank Berhad
- The Dental Protection Society, United Kingdom
ANTITRUST AND COMPETITION
Notable for its ‘quick response’ times, the antitrust and competition team at Raja, Darryl & Loh is headed by corporate and commercial expert Chew Phye Keat. Current areas of focus for the firm include potential abuse of dominant position as well as the risks posed by anti-competitive clauses in client-dealer agreements. It also assists with exemption applications to MyCC or the Malaysian Communications and Multimedia Commission in telecoms cases. Aviation law expert Chong Kok Seng is an additional name to note.
Leading individuals
Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
Chew Phye Keat
Other key lawyers:
Chong Kok Seng
Testimonials
‘They provide immediate responses and are knowledgeable in handling issues on antitrust and competition practices. Even where there are no issues, they will give regular advice, suggestions and recommendations for improvement‘.
‘The whole antitrust and competition practice team are always available whenever we need them especially the partner, Mr Chew Phye Keat and Mr Chong Kok Seng. The stand out quality in this firm is their quick response and the ability to reach them. They are accessible anywhere and everywhere. Its not just the junior associate but the partner are also around to guide us whenever needed‘.
Key clients
- Nestle Malaysia
- Perusahaan Otomobil Kedua Sdn Bhd
- JTI Group
- QBE Insurance (Malaysia) Berhad
INTELLECTUAL PROPERTY
The ‘outstanding’ registered trade mark attorney Yvonne Ong leads the intellectual property team at Raja, Darryl & Loh. Covering brand strategies, and commercialisation such as licensing, it also handles the enforcement of IP rights, catering for both multinationals and SMEs. In particular, clients are drawn from sectors such as food and beverage, financial services, construction, manufacturing and technology. The firm recently welcomed new partner Ooi Ling Leong who manages both litigation and prosecution matters. Hon Leng Choon and the ‘helpful and supportive’ Chew Phye Keat are additional key names to note.
Leading individuals
Chew Phye Keat – Raja, Darryl & Loh
Practice head(s):
Yvonne Ong
Other key lawyers:
Ooi Ling Leong; Hon Leng Choon; Chew Phye Keat
Testimonials
‘We appreciate the prompt responses we receive from the team‘.
‘Partner Yvonne Wong is outstanding. She is prompt and gives solutions to client issues. We are very happy with her services. Mr. Chew Keat is also very helpful and supportive‘.
Key clients
- Hewlett Packard Enterprise Company
- Ajinomoto Co. Inc
- Mattel Inc
LABOUR AND EMPLOYMENT
Known for his work in redundancy and retrenchment, Ravindra Kumar Rengasamy heads the labour and employment offering at Raja, Darryl & Loh. In broad terms, the team covers key issues such as collective agreements, mutual separation schemes, contract assessments, retrenchment and the structure of performance review plans. Notably, it has recently advised on an increasing number of cost-cutting and staff rationalisation exercises triggered by the government’s implementation of the Movement Control Order.
Practice head(s):
Ravindra Kumar Rengasamy
Key clients
- Baker Hughes Group
- Petrofac Group
- Royal Bank of Canada Group
- Amer Sports Malaysia Sdn Bhd
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh assists property developers, contractors and construction specialists on real estate transactions. Hon Leng Choon leads the firm’s construction practice and he advises on contract documentation, project advice, post-dispute negotiations and dispute resolution. He has also been lead counsel in several arbitrations. Mei Mei Chong is notable in the hotels and oil and gas sectors. Her work includes managing real estate portfolios.
Practice head(s):
Choon Hon Leng; Chong Mei Mei
Key clients
- Marriott Group
- Petron Malaysia Group
- WCT Construction Sdn Bhd
- Perumahan Rakyat 1Malaysia Corporation (“PR1MA”)
TAX
Raja, Darryl & Loh is active on a broad range of tax matters, offering a comprehensive service which includes tax litigation; it represents clients in the Malaysian Courts and tribunals. Its advisory work spans income tax, real property gains tax, sales and service tax and customs duties. The firm specialises in the healthcare, hospitality, insurance, manufacturing, and oil and gas sectors. Vijey Krishnan is active on both the contentious and non-contentious side of tax work, with work on a variety of cases, including those relating to deductibility of employee share option charges claimed by subsidiaries of listed companies. William Wong provides tax advice in relation to business structures and e-commerce platforms.
Leading individuals
Vijey Krishnan – Raja, Darryl & Loh
Next Generation Partners
William Wong – Raja, Darryl & Loh
Practice head(s):
Vijey Mohana Krishnan
Other key lawyers:
William Wong
Key clients
- Heineken Malaysia Berhad
- JT International Berhad
TMT
The technology, multimedia and telecommunications team at Raja, Darryl & Loh advises clients on IT systems (including software development), cloud services, e-commerce, AI applications and telecoms. Expert in the Communications & Multimedia Act 1998 as well as the Personal Data Protection Act 2010, it advises an increasing number of fintech clients on various matters. In particular, this includes the licensing and operation of digital exchanges as well as the establishment of initial offering platforms. Lead partner Lai Ling Tong works with both domestic and foreign operations and is expert in matters such as cyberlaw, foreign equity restrictions, encryption and the Internet of Things.
Hall of Fame
Tong Lai Ling – Raja, Darryl & Loh
Practice head(s):
Tong Lai Ling
Testimonials
‘Great working knowledge of local law developments in Malaysia and a trustworthy team that delivers reliably on my matters/instructions‘.
‘Tong Lai Ling has strong TMT and data protection capabilities and knowledge‘.
Key clients
- Silverlake Group
- Heineken Malaysia Berhad
BANKING AND FINANCE
Chong Kok Seng and Mei Mei Chong head the banking and finance team at Raja, Darryl & Loh. Notably, the team is increasingly acting on matters in fintech and digital banking, areas of law in which it advises on sector licences for instruments as well as virtual banking. Attracting substantive clients from the financial and aerospace industries, it counts MAA Group, Affin Hwang Trustee and Citibank within its portfolio.
Practice head(s):
Chong Kok Seng; Chong Mei Mei
Testimonials
‘The team is responsive and knowledgeable and gives you confidence that they will represent your best interests diligently and professionally‘.
‘The team was able to propose unique solutions to a unique issue in a time efficient manner, there were multiple roadblocks along the way but the team worked closely with me to ensure we were able to get through it‘.
‘Kok Seng is very thorough and detailed, and is a strong lawyer. Semantha is also very thorough and knowledgeable, and is proactive to address the client’s needs and requirements. Both are very hard working and always responsive‘.
‘The individuals I worked closely with Mei Mei (Partner), Soo Ann (Associate) and Nisha (Associate) stood out for their tenacity and perseverance to provide sound advice and execution. This was particularly challenging as they had to come up with unique solutions for our product and ensure it is inline with SC regulations governing the P2P sector which is an area not many firms are familiar with‘.
Key clients
- CapSphere Sdn Bhd
- MAA Group Berhad
- Affin Hwang Trustee Berhad
- Citibank Berhad
CORPORATE AND M&A
Directed by Chew Phye Keat, the corporate and M&A team at Raja, Darryl & Loh has recently worked on a substantive number of cases for foreign entities. Known for its expertise in due diligence, it complements this with relevant lateral experience in IP, telecommunications, tax and employment/industrial relations. Chu Wei Tai, Joyce Teh and Chong Kok Seng are respectively experienced in cross-border matters, and acquisitions in the healthcare and software sectors.
Practice head(s):
Chew Phye Keat
Other key lawyers:
Chu Wei Tai; Joyce Teh; Chong Kok Seng
Key clients
- MAA Group Berhad
- Silverlake Group
PROJECTS AND ENERGY
Raja, Darryl & Loh’s ‘knowledgeable and resourceful’ team advises on a range of matters relating to projects and energy. The firm advises on the construction of manufacturing plants, railways projects and gas production facilities. The ‘dedicated’ Hon Leng Choon‘s principal area of focus is infrastructure projects such as rail transit services, acting for state owned companies. Zack Tan Zhang Wei assists on the firm’s primary infrastructure work, contributing his own construction and infrastructure experience.
Practice head(s):
Choon Hon Leng
Other key lawyers:
Zack Tan Zhang Wei
Testimonials
‘Choon Hon Leng and team have been very dedicated and went above and beyond than just the usual service. They are very knowledgeable and resourceful.’
‘With their outstanding service and competitive pricing, I would recommend Raja Darryl & Loh.’
Key clients
- Prasarana Malaysia Berhad
- Mass Rapid Transit Corporation Sdn Bhd
- Perumahan Rakyat 1Malaysia Corporation (PR1MA)
- CRCC CREC CCC Consortium Sdn Bhd
- Pengerang Refining Company Sdn Bhd
CHAMBERS AND PARTNERS-ASIA PACIFIC – 2021 Edition
COMPETITION / ANTITRUST
What the team is known for
Strong competition practice, frequently advising clients on cartel investigations, information sharing and resale price maintenance, as well as transactional matters. Often engaged to advise clients on compliance with competition laws in Malaysia. Experienced in advising companies from a range of industries, including telecommunications, insurance, finance, oil and gas, and pharmaceuticals.
Strengths
One interviewee says: “The team is highly responsive and has good local knowledge of what works and what does not in Malaysia.”
Work highlights
Advised Digi.Com on the competition law aspects of its proposed merger with Celcom.
CORPORATE / M&A
What the team is known for
Established corporate team, regularly acting for both domestic and international clients on mandates such as M&A and joint ventures. Often handles cross-border deals, including advising on the Malaysian part of global mergers. Has particularly strong expertise in the life sciences and education sectors.
Work highlights
Advised WPP on the Malaysian aspects of its USD3.1 billion disposal of a 60% stake in Kantar to Bain Capital Private Equity.
DISPUTE RESOLUTION
What the team is known for
Longstanding disputes practice with expertise in medical malpractice and defamation cases. Active on both litigation and arbitration, including contractual, restructuring and insolvency, construction and real estate cases, often representing banking, media and property clients, as well as medical professionals. Frequently represents Malaysian clients, as well as foreign corporates.
Strengths
One client describes the team as “committed and able to deliver results.”
Another source appreciates that they “do a lot of talks and roundtable discussions, and have a big and solid team.”
Work highlights
Represented MISC as plaintiff in a USD5.5 million fraud claim, relating to the repayment of funds paid to suppliers following the arrest of its vessels.
EMPLOYMENT & INDUSTRIAL RELATIONS
What the team is known for
Active practice advising employers on a range of contentious and non-contentious matters. Regularly assists clients with unfair dismissal cases, as well as retrenchment, the drafting of employment contracts and performance management planning. Represents domestic and local clients, particularly in the automotive, consumer goods, finance, energy and manufacturing sectors.
Strengths
A client appreciates that “they understand regulations and, most importantly, they are approachable. We require to work quickly and to date they have been flexible and prompt.”
Work highlights
Defended Volvo Car Manufacturing against a claim for wrongful termination of an agreement by a recruitment and supply agency that supplied foreign workers to work at the company.
INTELLECTUAL PROPERTY
What the team is known for
Respected department that provides a range of contentious and advisory IP services, including trade marks, patents and copyrights. Regularly assists clients with litigation and prosecution, possessing expertise across the TMT, pharmaceutical, manufacturing and energy sectors. Also advises companies on branding exercises. Represents both foreign and Malaysian companies.
Work highlights
Defended Vitally against a copyright infringement claim relating to technical drawings of a product.
TAX
What the team is known for
Experienced tax team with a solid reputation for dealing with both litigious and advisory matters. Knowledgeable of both direct and indirect tax, with expertise that spans income tax, GST, customs and stamp duty. Well placed to advise on transactional tax issues, regularly representing high-profile domestic and international clients. Particularly active for energy sector companies, as well as other industries such as property and infrastructure.
Strengths
A source appreciates that the team “understands how we work and is technically very strong.”
Work highlights
Represented Pengerang Independent Terminals in a judicial review application, which concerned a decision by the Minister of Finance to direct the Director General of Customs to issue a bill of demand for GST on zero-rated services.
TECHNOLOGY, MEDIA & TELECOMS (TMT)
What the team is known for
Respected department with strong expertise in the IT sector, including outsourcing and software licensing. Also well versed in regulatory requirements pertaining to e-commerce, online applications, telecommunications and personal data protection. Acts for a wide range of Malaysian and foreign clients from the TMT space, as well as companies in the energy, pharmaceutical and manufacturing sectors.
Strengths
One interviewee appreciates that the team “shares information on the latest developments in the law and is able to provide tips on how we can comply with them.”
“They understand our risk palate and have industry knowledge,” observes another source.
RANKED INDIVIDUALS
The following partners have been ranked in the following practice areas:
- Chew Phye Keat – Competition/Antitrust; Intellectual Property
- Ng Sai Yeang – Dispute Resolution
- Ravindra Kumar Rengasamy – Employment & Industrial Relations
- Vijey Mohana Krishnan – Tax
- Tong Lai Ling – Technology, Media & Telecoms (TMT)
- Yvonne Ong – Intellectual Property
CHAMBERS AND PARTNERS-FINTECH - 2021 Edition
FINTECH LEGAL
What the team is known for
Raja, Darryl & Loh is a full-service Malaysian firm founded over 50 years ago. They bring their historic banking and financial expertise to the FinTech sector. They advise a broad range of domestic and regional clients from institutions to startups. They are particularly noted for their work in the digital payments space, particularly with regard to matters dealing with international remittances and the regulations concerning them.
Work highlights
Advised CapSphere on its application for a licence to operate an asset-based P2P financing platform.
ASIALAW PROFILES – 2021 Edition
Raja Darryl & Loh
Raja Darryl & Loh is frequently sought out by technology start-ups and other established companies for its extensive expertise in financial technology and digital banking. Besides, it is also experienced in various transactions including aviation finance, M&A, joint ventures and equity capital markets. With its robust disputes practice, the firm is active in various contentious matters, including antitrust, construction, employment and tax cases. Phye Keat Chew, Choon Hon Leng, Raja Eileen Soraya, Ravindra Kumar Rengasamy, Vijey Mohana Krishnan and Tong Lai Ling are recommended for competition, construction, dispute resolution, employment, tax and technology, respectively.
RANKINGS
OUTSTANDING
- Construction
HIGHLY RECOMMENDED
- Competition/Antitrust
- Dispute Resolution
- Labour & Employment
- Tax
- Technology & Telecommunications
RECOMMENDED
- Aviation
- Banking & Finance
- Consumer Goods & Services
- Corporate/M&A
- Infrastructure
- Intellectual Property
RECOGNISED
- Capital Markets
ASIALAW LEADING LAWYERS for 2021
Elite Practitioner
- Chew Phye Keat: Competition/Antitrust
Distinguished Practitioners
- Ravindra Kumar Rengasamy: Labour & Employment
- Raja Eileen Soraya: Dispute Resolution
- Vijey Mohana Krishnan: Tax
- Tong Lai Ling: Technology & Telecommunications
- Choon Hon Leng: Construction
- Chong Kok Seng: Corporate/M&A
ASIAN LEGAL BUSINESS - 2020 Edition
MEDIA LAW INTERNATIONAL – 2020 Edition
Media Law International has once again ranked the Firm in Tier 1 for our practice of Media Law. This publication is “a specialist guide to the world’s leading firms for Media Law” that is “dedicated solely to the examination of legal media practice – producing rankings, industry insight, coverage of trends and global legal perspectives”.
It was stated by Media Law International that:
“Raja, Darryl & Loh leads the market with its media law specialisation. With particular expertise in defamation, lawyers routinely act for prominent individuals and publications in cases of libel, slander, malicious falsehood and contempt of court. The team has extensive experience representing print media and online media on freedom of speech, privacy protection and reputation management.”
BENCHMARK LITIGATION - 2020 Edition
The construction practice at Raja Darryl & Loh wins plaudits from the market. Its medical negligence, labour and employment and tax practices are similarly well-regarded. The dispute resolution team consists of 12 partners who specialise in contentious matters across the aforementioned areas, along with intellectual property, media, technology and competition.
Notable figures within the team include construction guru Wei Mun Chang, commercial disputes partners Raja Eileen Soraya and Huey Miin Ooi, labour expert Ravindra Kumar Rengasamy and tax specialist Vijay Mohana Krishnan.
In a high-profile matter, the team successfully represented the Edge Media Group in an application for judicial review against the decision of the Minister of Home Affairs to suspend the publication of The Edge Malaysia and The Edge Financial Daily arising from the articles published on the 1MDB scandal. The case sets a binding precedent for the principle that there is a right to compensation for an infringement of a constitutional right and damages may be awarded for the tort of misfeasance of a public officer.
A construction highlight for the firm is its ongoing representation of a subsidiary of one of Malaysia’s largest property developers. The client was engaged in a dispute with its contractor, which had issued a notice of arbitration claiming final payment for work done. The client issued a counterclaim for liquidated and ascertained damages for late delivery, rectification of defective work and damages suffered arising from the contractor’s breaches.
On the tax front, the firm assisted a domestic subsidiary of a major oil and gas company in appeal proceedings before the Special Commissioners of Income Tax as well as the high court. The matter involves the deductibility of employee stock option costs incurred by an employer.
Civil and commercial disputes expert Maidzuara Mohammed was elevated to the bench in May 2019.
Recognised for Dispute Resolution in the following practice areas:
Raja Eileen Soraya – Commercial & Transactions
Ravindra Kumar Rengasamy – Labour & Employment, Commercial & Transactions
Vijey Mohana Krishnan – Tax
Choon Hon Leng – Construction
Ooi Huey Miin – Construction, International Arbitration, Commercial & Transactions
Tham Li Vyen – Labour & Employment
ASIA PACIFIC LEGAL 500 – 2020 Edition
We are happy to note that once again the Firm has been ranked as a Top Tier Firm for Dispute Resolution in the latest rankings released by the reputable publication, the Asia Pacific Legal 500. We are also highly recommended for 9 other practice areas, led by Antitrust & Competition, Intellectual Property, Labour & Employment, Real Estate & Construction, Tax and TMT (Technology, Media & Telecommunications).
7 partners are listed in the elite “Leading Individuals” list – cited as “The Legal 500 Asia Pacific 2020’s guide to outstanding lawyers in Asia Pacific” – whilst new partner William Wong is listed as a “Rising Star”.
DISPUTE RESOLUTION
Strong across arbitration, adjudication and litigation, Raja, Darryl & Loh‘s dispute resolution is best known for its strength in handling medical negligence, construction, media and tax matters. Practice head Murugaiah Rajasekaran has experience across general corporate, commercial and civil litigation; Wei Mun Chang and Hon Leng Choon focus on construction disputes, and Raja Eileen Soraya Raja Aman is a name to note for defense of medical negligence and malpractice claims and media law. Arbitration specialist Huey Miin Ooi counts oil and gas, power generation and manufacturing among his sector specialisms while litigator Sai Yeang Ng has particular banking and finance expertise.
Leading Individuals
Chang Wei Mun – Raja, Darryl & Loh
Raja Eileen Soraya – Raja, Darryl & Loh
ANTITRUST AND COMPETITION
The team at Raja, Darryl & Loh is instructed by both domestic and international clients to advise on competition law compliance. Practice head Chew Phye Keat advises clients, which include prominent companies in the automotive, pharmaceuticals and telecoms sectors, on non-contentious competition law matters.
Leading Individuals
Chew Phye Keat – Raja, Darryl & Loh
INTELLECTUAL PROPERTY
The intellectual property team at Raja, Darryl & Loh has experience across protection, enforcement, commercialization and management of rights, and has recently been particularly active in contentious trade mark matters. Phye Keat Chew handles corporate and commercial intellectual property matters, while Yvonne Ong focuses on prosecution and enforcement. Dispute resolution partner Hon Leng Choon has IP litigation experience.
Leading Individuals
Phye Keat Chew – Raja, Darryl & Loh
LABOUR AND EMPLOYMENT
The employment team at Raja, Darryl & Loh handles a range of advisory and contentious matters with particular experience in defending unfair dismissal, retrenchment and constructive dismissal cases at the Industrial Court. Practice head Ravindra Kumar Rengasamy advises clients on redundancy and retrenchment, contractual matters as well in litigation.
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh combines its corporate, commercial and construction expertise to advise clients on the sale and purchase of real estate as well as on construction projects, with particular experience in the hospitality and affordable housing sectors. The group has continued to add to its client roster with recent instructions from Perbadanan PR1MA Malaysia, Damansara Realty and China Construction Engineering (SEA) Malaysia. Key names to note include construction practice head Wei Mun Chang and Hon Leng Choon who has experience advising on all stages of projects, from pre-contract negotiations to dispute resolution.
Leading Individuals
Wei Mun Chang – Raja, Darryl & Loh
TAX
Raja, Darryl & Loh‘s tax practice group is highlighted for its tax litigation expertise. It has recently been particularly active in assisting clients with issues arising from the transition from Goods and Services Tax to Sales and Services Tax. Practice head Vijey Krishnan has a strong reputation for his representation of clients in the Courts and before the tax authorities, and is frequently assisted by senior associate William Wong.
Leading Individuals
Vijey Krishnan – Raja, Darryl & Loh
Rising Stars
William Wong – Raja, Darryl & Loh
TMT
The technology, multimedia and telecoms practice at Raja, Darryl & Loh assists its client roster — which ranges from large corporates to start ups — on a range of matters spanning commercial matters, including relating to IT and e-commerce, artificial intelligence applications and telecoms, to regulatory considerations under Communications & Multimedia Act 1998 and the Personal Data Protection Act 2010. The group has also been increasingly active in handling referrals for the review of the terms of use of mobile applications and privacy policies of multinationals in Malaysia. Practice head Tong Lai Ling benefits from a breadth of contractual expertise, particularly in technology and e-commerce.
Leading Individuals
Tong Lai Ling – Raja, Darryl & Loh
BANKING AND FINANCE
Raja, Darryl & Loh’s cross-departmental team has experience advising on a range of contentious and non-contentious banking and finance matters. On the transactional side, it assists its financial institution clients with conventional and Islamic retail and corporate financing. The team is also developing its fintech practice with experience advising on compliance matters relating to digital micro-financing and payment solutions. Names to note include Sai Yeang Ng, Kok Seng Chong and Mei Mei Chong for disputes and aviation financing and financial technology advice respectively.
CORPORATE AND M&A
The corporate and commercial team at Raja, Darryl & Loh counts a range of domestic and large international clients among its client roster, and has experience advising on Malaysian aspects of high-profile cross-border transactions. It has a breadth of experience across a range of sectors and has recently been particularly active in the technology, telecoms, pharmaceuticals and healthcare industries. Managing partner Chew Phye Keat heads up the team and has particular IT sector expertise. Chu Wei Tai is a key name to note for global M&A mandates.
PROJECTS AND ENERGY
The construction and energy group at Raja, Darryl & Loh has particular experience advising on rail sector projects having been instructed to advise on high profile projects for the light rail transit three (LRT3), the mass rapid transit 2 (MRT2) line in the Klang Valley and on the KL monorail fleet expansion project. The group is also developing a niche in advising oil and gas sector clients on liabilities arising from fires. Practice head Wei Mun Chang focuses on public transport projects while Choon Hon Leng has experience in housing development projects.
CHAMBERS ASIA PACIFIC – 2020 Edition
CORPORATE/M&A
What the team is known for
Strong corporate team, regularly acting for both domestic and international clients on mandates such as M&A and joint ventures. Often handles cross-border deals, including advising on the Malaysian part of global mergers. Has particularly strong expertise in the life sciences and technology sectors. Also well placed to handle ECM matters.
Strengths
A client praises the firm’s “all-round” team, adding that the lawyers are “competent and thoughtful.”
Work highlights
Assisted Bayer with the Malaysian aspects of its USD62.5 billion global acquisition of Monsanto, advising on the integration of Monsanto assets into Bayer Malaysia, as well as on regulatory compliance.
Notable practitioners
Chew Phye Keat and Tai Chu Wei are the main points of contact for clients.
DISPUTE RESOLUTION
What the team is known for
Long-standing disputes practice with expertise in medical malpractice and defamation cases, as well as construction mandates. Active on both litigation and arbitration, including contractual, tax and real estate cases, often representing oil and gas, media and engineering clients, as well as medical professionals. Frequently represents Malaysian clients, as well as foreign corporates.
Work highlights
Successfully represented Sritong Rubber Latex, a Thai company, in setting aside an order for the enforcement of an arbitral award in Malaysia, which had been obtained by NR Rubber Industries.
Notable practitioners
Ng Sai Yeang focuses on contentious matters in the banking and finance space, with expertise in insolvency issues. She also handles real estate and contractual disputes, with an interviewee considering her to be “on the ball with her cases.”
Chang Wei Mun has significant experience of construction-related disputes, representing clients in both litigation and arbitration. One client describes him as “an experienced lawyer with sound legal knowledge, drafting and advocacy skills.”
EMPLOYMENT & INDUSTRIAL RELATIONS
What the team is known for
Active practice advising employers on a range of contentious and non-contentious matters. Regularly assists clients with unfair dismissal cases, as well as retrenchment, the drafting of employment contracts and performance management planning. Represents domestic and local clients, particularly in the automotive, retail, energy and technology sectors.
Strengths
An interviewee states: “They are amazingly meticulous and accommodate all our questions.”
Work highlights
Represented Columbia Asia in defence of an unfair dismissal claim, which was brought by an independent contractor whose fixed-term contract had not been renewed upon expiry.
Notable practitioners
Ravindra Kumar Rengasamy maintains an active practice handling a range of unfair dismissal claims, retrenchment exercises and drafting of employee contracts. He acts for employers from a wide range of industry sectors.
INTELLECTUAL PROPERTY
What the team is known for
Respected department that provides a range of contentious and advisory IP services, including trade marks, patents and copyrights. Regularly assists clients with litigation, prosecution and enforcement, possessing expertise across the TMT, pharmaceutical and energy sectors. Represents both foreign and Malaysian companies.
Strengths
One client appreciates that the lawyers are “to the point and responsive.”
Work highlights
Brought an action on behalf of Duopharma Marketing against a local celebrity, alleging the unauthorised use and promotion via a trade mark of a children’s supplement product.
Notable practitioners
Chew Phye Keat has a diverse practice in commercial IP matters, including portfolio management. He represents clients from a wide range of industry sectors and also has expertise in competition law.
Yvonne Ong focuses on the prosecution and the enforcement of patents and trade marks. One source says: “She is very hard-working,” while another reports that “she knows her matters well.”
TAX
What the team is known for
Experienced tax team with a solid reputation for dealing with both litigious and advisory matters. Knowledgeable of both direct and indirect tax, with expertise that spans income tax, GST and SST, customs, stamp duty and planning. Well placed to advise on transactional tax issues, regularly representing high-profile domestic and international clients. Particularly active for energy sector companies, as well as those from numerous other sectors.
Work highlights
Represented Asia Energy Services in appeal proceedings, before both the Special Commissioners of Income Tax and the High Court, concerning the tax deductibility of employee stock option costs incurred by an employer.
Notable practitioners
Vijey Mohana Krishnan advises Malaysian and global clients on both advisory and contentious tax matters, with expertise in income tax, GST, stamp duty and customs issues. A source observes: “He is very good and sound in terms of his knowledge.”
TECHNOLOGY, MEDIA, TELECOMS (TMT)
What the team is known for
Respected department with strong expertise in the IT sector, including outsourcing and software licensing. Also well versed in regulatory requirements pertaining to e-commerce, online applications, telecoms and personal data protection. Acts for a wide range of Malaysian and foreign clients from the TMT space, as well as companies in the banking, insurance and manufacturing sectors.
Work highlights
Advised a fibre optics manufacturer, which was appointed by PP Telecommunication, on the provision of turnkey services towards the development of a submarine fibre-optic cable system for the Sarawak International Internet Gateway.
Notable practitioners
Tong Lai Ling is well regarded for her expertise in the technology space, with knowledge of e-commerce, software licensing and online applications. She acts for a wide range of technology, banking and insurance clients.
RANKED LAWYERS
Band 1
Chew Phye Keat – Competition/Antitrust
Band 2
Chang Wei Mun – Dispute Resolution: Construction
Chew Phye Keat – Intellectual Property
Tong Lai Ling – Technology, Media, Telecoms (TMT)
Vijey Mohana Krishnan – Tax
Band 3
Ravindra Kumar Rengasamy – Employment & Industrial Relations
Yvonne Ong – Intellectual Property
Band 4
Ng Sai Yeang – Dispute Resolution
ASIALAW PROFILES – 2020 Edition
Raja, Darryl & Loh
Raja, Darryl & Loh is one of the large law firms in Malaysia and ranks highly across major practice areas. The firm’s industry expertise in aviation and shipping, infrastructure, insurance, and technology and telecommunications complement its status as a self-proclaimed ‘one-stop shop’ for legal advice and representation.
Banking and Finance
Work highlights
Advised an investment holding company in regard to its application to the Securities Commission of Malaysia for registration as a recognised market operator pursuant to the Capital Markets & Services Act 2007 to operate a peer-to-peer financing platform, which is a digital platform that facilitates the procurement of financing by connecting the borrowers with multiple lenders or investors.
Key clients
United Overseas Bank
Capital Markets
Work highlights
Acted for SL Information, a technology company that provides enterprise business solutions, in the listing of its shares on the Leading Entrepreneur Accelerator Platform (LEAP) Market.
Key clients
Amanah Saham Sarawak, Franklin Templeton Asset Management, Guidance Investments, Hong Leong Asset Management, Manulife Asset Management Services
Competition/Antitrust
Work highlights
Advised a company headquartered in Japan on the issue of the extent to which sales data could be shared amongst competitors in the same market, and in particular on the level of details of the data as well as the age of the data.
Advised a prominent Malaysian manufacturer on the legal implications of being acquired by a competitor which at the same time also held shares in the client indirectly.
Construction
Work highlights
Assisted and advised Prasarana Malaysia, a government-owned public transport company, in its effort to review and revamp large infrastructure projects after the new Pakatan Harapan government came into power after the General Elections in 2018.
Advising and reviewing Perumahan Rakyat 1Malaysia (PR1MA)’s entire existing business and contractual models for the development of an affordable housing development programme.
Key clients
Ann Joo Integrated Steel, KL Eco City, WCT Construction
Corporate and M&A
Work highlights
Advised D&O Green Technologies on its acquisition of the remaining shares in its subsidiary company, Dominant Opto Technologie, from the minority shareholders in an aggregate purchase consideration of $66.9 million.
Key clients
Hotel Royal (Singapore), Micro Focus International, SAP, Silverlake Axis
Dispute Resolution
Work highlights
Represented two oil and gas companies, Vedanta and Ravva Oil (Singapore), in a $90 million cross-border arbitration against the government of India in relation to a production sharing contract for an oil and gas field in India.
Key clients
Exxonmobil Exploration and Production, Petron Malaysia Refining & Marketing, Segi Astana, SriTong Rubber Latex Company, Wealth Mentors
Intellectual Property
Work highlights
Advising and representing Duopharma Marketing, a renowned local manufacturer of pharmaceutical products, in an action brought against a local celebrity and her associated company for their unauthorised use and promotion of a children’s supplement product.
Key clients
Shenzhen Coocaa Network Technology, Vitally Marketing
Labour and Employment
Work highlights
Represented Volvo Car Manufacturing in a $1.1 million claim brought by KD Northern Resources for an alleged wrongful termination of a recruitment and supply agreement.
Key clients
Baker Hughes, Bentley Systems, Clariant Oil Services, Columbia, Dell, Petrofac
Tax
Work highlights
Represented Asia Energy Services, a Halliburton Group Company, in appeal proceedings before the Special Commissioners of Income Tax as well as the high court in a matter involving the issue of the deductibility of employee stock option costs incurred by an employer.
Key clients
Idaman Harmoni, Pengerang Independent Terminals, Shell Timur
Client Feedback
“Comprehensive, detailed and quick turnaround. Fair rates.” – Banking and finance
“The firm has rendered excellent services and has shown an in-depth understanding of the subject matter and the nature of the company’s business.” – Construction
Mei Mei Chong
“Easy to deal with. Clear advice. Easy access.”
Distinguished Practitioners
Chew Phye Keat: Competition/Antitrust; Corporate and M/A
Chang Wei Mun: Construction
Ravindra Kumar Rengasamy: Labour & Employment
Raja Eileen Soraya: Dispute Resolution
Vijey Mohana Krishnan: Tax
Choon Hon Leng: Construction
Chong Kok Seng: Corporate and M/A
MEDIA LAW INTERNATIONAL – 2019 Edition
For the 4th year in a row, Raja, Darryl & Loh has been ranked by Media Law International (MLI) in Tier 1 for media law practice among Malaysian law firms. MLI is an independent publishing business that produces the flagship annual guide and a bi-monthly e-Zine. Its publications focus exclusively on media law, providing broad coverage of legal and business sectors in multiple jurisdictions.
The annual guide provides comprehensive (across 56 jurisdictions) coverage of firms and practitioners with media law expertise. Its research is based on objective market analysis that focuses exclusively on one practice area, media law.
Media Law International reported that:
“Raja, Darryl & Loh leads the market with its media law specialisation. With particular expertise in defamation, lawyers routinely act for prominent individuals and publications in cases of libel, slander, malicious falsehood and contempt of court. The team has extensive experience representing print media and online media on freedom of speech, privacy protection and reputation management.”
Read more at:
ASIA PACIFIC LEGAL 500 – 2019 Edition
Once again, the firm is top-ranked in Dispute Resolution, whilst Anti-Trust & Competition, Intellectual Property, Labour & Employment, Real Estate & Construction, Tax and TMT are next in line, followed by Banking & Finance, Capital Markets, Corporate and M&A and Projects & Energy.
Partners who have been recognised as Leading Individuals are:
• Chew Phye Keat (Anti-Trust & Competition, Intellectual Property)
• Chang Wei Mun (Dispute Resolution, Real Estate & Construction)
• Raja Eileen Soraya (Dispute Resolution)
• Vijey Krishnan (Tax) and
• Tong Lai Ling (TMT).
The other partners who have been recommended by Legal 500 in their various areas of practice are Ng Sai Yeang (Banking & Finance), Ravindra Kumar Rengasamy (Labour & Employment), Tai Chu Wei (Capital Markets, Corporate and M&A, Projects & Energy), Joyce Teh (Corporate and M&A), Choon Hon Leng (TMT), Chong Kok Seng (Banking & Finance, Corporate and M&A), Yvonne Ong (Intellectual Property), Chong Mei Mei (Banking & Finance), Ooi Huey Miin (Dispute Resolution), Wong Quan Sean (Anti-Trust & Competition), Joshua Chong (Real Estate & Construction) and Tham Li Vyen (Labour & Employment).
Senior Associate William Wong retains his place on the “Next Generation Lawyer” list.
DISPUTE RESOLUTION
Counting medical negligence, construction, media and tax as particular strengths, the team at Raja, Darryl & Loh frequently handles high-profile cases. Raja Eileen Soraya represented The Edge Communications in an application for judicial review after The Edge Malaysia and The Edge Financial Daily were suspended following their coverage of the 1MDB scandal. Chang Wei Mun and arbitrator Ooi Huey Miin are also recommended. Darryl Goon left to join the bench, and senior associate Joni Benedict left to go in-house; but construction expert Joshua Chong and employment specialist Tham Li Vyen made partner in February 2018.
ANTITRUST AND COMPETITION
Widely respected in the market for his deep expertise of competition law, Chew Phye Keat heads the team at Raja, Darryl & Loh, which leverages its commercial background to give highly commercial advice to clients. Chew acted for Etiqa Insurance, MSIG Insurance (Malaysia), QBE Insurance (Malaysia) and The Pacific Insurance in MyCC’s insurance cartel investigation, involving the alleged fixing of trade discounts and labour rates in case of accident repairs. Senior associate Alvin Khoo left the firm to set up a boutique, Alvin Khoo Law Chambers, but commercial and conveyancing expert Wong Quan Sean is increasingly active in antitrust work.
INTELLECTUAL PROPERTY
Chew Phye Keat and Yvonne Ong jointly head the practice at Raja, Darryl & Loh, which counts Revlon, Suntory Holdings and Microsoft among its IP clients. Ong acted for Baiwago in a dispute against Donutes Coffee & Cake Baking regarding proprietary rights to use of the trade mark “donutes” in Malaysia; she also represented Giorgio Armani SpA in opposition proceedings. Petrofac E&C is a client on the patent disputes side.
LABOUR AND EMPLOYMENT
The team at Raja, Darryl & Loh handles a range of contentious and non-contentious employment work for high-profile clients. Practice head Ravindra Kumar Rengasamy acted for Volvo Car Manufacturing Malaysia in a wrongful-termination-of-employment case brought by KD Northern Resources. Tham Li Vyen made partner in February 2018.
REAL ESTATE AND CONSTRUCTION
Raja, Darryl & Loh is especially strong in construction. Group head Chang Wei Mun advised CCM Duopharma Biotech on various contractual matters regarding the construction of its RM141m plant-and-warehouse complex in Klang. The firm also handles contentious construction work; construction litigator Joshua Chong, who made partner in 2018, assisted Chang with acting for BumiMetro Construction in an arbitration against Monday-Off Development regarding the construction of a condominium project in Mont Kiara.
TAX
Vijey Krishnan heads the group at Raja, Darryl & Loh; he acted for SKF Bearing Industries (Malaysia) in judicial review proceedings regarding the taxability of compensation for the sale of intangible assets. He also represented YPJ Golf Resorts and YPJ Plantations in a case before the Special Commissioners of Income Tax, and Country Heights Holdings in appeal proceedings regarding taxable assets. William Wong is a highly active senior associate.
TMT
IT, telecoms and mobile payments expert Tong Lai Ling heads the practice at Raja, Darryl & Loh; she acted for Talian Gerakalih on its mobile portability service agreements with six telecoms companies. The practice advises high-profile clients such as Sime Darby on IT matters. Construction litigator Choon Hon Leng is increasingly active in IT disputes; Raja Eileen Soraya is well-known for acting in high-profile media cases, particularly involving defamation.
BANKING AND FINANCE
Raja, Darryl & Loh is experienced in conventional and Islamic finance, and has niche strengths in fintech and aviation finance, where Chong Mei Mei and Chong Kok Seng are the respective specialists. The team also handles insolvency work: practice head Ng Sai Yeang acted for United Overseas Bank (M) in bankruptcy proceedings against debtor company Intraline Resources. Other clients include Malayan Banking, Aeon Credit Malaysia and Axiata Digital.
CAPITAL MARKETS
Especially strong in equity capital markets, Raja, Darryl & Loh’s practice is led by Tai Chu Wei. Tai acted for Cloudaron Group and SL Information on their separate listings on Bursa Malaysia’s Leading Entrepreneur Accelerator Platform (LEAP) market. Senior associate Benjamin Kong is also singled out.
CORPORATE AND M&A
The practice at Raja, Darryl & Loh spans several departments and is headed by antitrust expert Chew Phye Keat. The ‘technically sound’ Tai Chu Wei, who has ‘good business acumen’, advised Bayer on the Malaysian aspects of its $62.5bn purchase of Monsanto. He was assisted by senior associate Benjamin Kong, who is frequently active on high-profile mandates. Chong Kok Seng advised Mr. Goh Peng Ooi on his RM155m sale of three Malaysian Silverlake companies to the Singapore-listed Silverlake Axis. Joyce Teh Yen Yen is another name to note.
PROJECTS AND ENERGY
The ‘efficient’ practice at Raja, Darryl & Loh is commended for its ‘sound knowledge’. ‘Very experienced’ department head Chang Wei Mun advised CRCC CREC CCC Consortium on its RM9.43bn Gemas-Johor Bahru Double-track Electrified Rail Line project. Tai Chu Wei acted for Mass Rapid Transit on its railway agreement with certain landowners for the construction of part of the Mass Rapid Transit project in the Klang Valley.
BENCHMARK LITIGATION - 2019 Edition
Raja Darryl & Loh is reputable for its construction practice. The firm is also known for its medical negligence, commercial, intellectual property, tax and employment practices. Key members of the firm’s commercial disputes team include Huey Miin Ooi and Raja Eileen Soraya. Wei Mun Chang is singled out for his work in the construction sector. Ravindra Kumar Rengasamy and Tham Li Vyen are also noted for labour and employment work.
During the research period, the firm represented Vedanta and Ravva Oil (Singapore) in a cross-border arbitration with the Government of India on a dispute in relation to a production sharing contract for an oil and gas sectors in India. The firm also advised United Overseas Bank on a matter related to commencement of bankruptcy.
In the construction area, the firm acted for Ann Joo Integrated Steel on an arbitration case in relation to a contract for the design, construction and commissioning of a blast furnace complex in Malaysia.
In the intellectual property space, a case highlight includes work for Petrofac Engineering & Construction on a patent infringement case concerning whether the term ‘removeably attached’ differs from the terms ‘removable’ and ‘detachable’. The firm also acted for Shenzhen Coocaa Network Technology in a trademark dispute.
Case highlight for the employment team during the research period include work for Volvo Car Manufacturing Malaysia on a dispute where the client is alleged for wrongful termination of a recruitment and supply agreement.
In tax, the firm acted for YPJ Plantations and YPJ Golf Resort on a case against the Director General of Inland Revenue before the Special Commissioners of Income Tax.
Darryl SC Goon, who was the head of Dispute Resolution of the firm has been appointed to a Judicial Commissioner of the High Court of Malaysia since March 2018.
Recognised Lawyers
Dispute Resolution Stars:
- Chang Wei Mun (Commercial and Transactions, Construction)
- Ravindra Kumar Rengasamy (Commercial and Transactions, Labor and Employment)
- Raja Eileen Soraya (Commercial and Transactions)
Future Stars:
- Ooi Huey Miin (Commercial and Transactions, Construction, International Arbitration)
- Tham Li Vyen (Labor and Employment)
Source: https://www.benchmarklitigation.com/countries/malaysia/my#/analysis
CHAMBERS ASIA PACIFIC 2019 Edition
DISPUTE RESOLUTION
What the team is known for
Well-established disputes team, particularly noted for its specialisation in medical malpractice and defamation cases along with its adept handling of construction mandates. Active on both litigation and arbitration, including IP, tax and real estate cases, often representing oil and gas, media and engineering clients, as well as medical professionals. Also possesses expertise in relation to competition law.
Strengths
Sources are impressed by the team’s dedication, noting that “they are very professional and willing to go beyond what is required.”
Clients appreciate the firm’s legislative knowledge, reporting that “they provide regular updates on changes to the law and court decisions that could impact us.”
Work highlights
Represented Vedanta and Ravva Oil against an application by the Government of India to set aside an arbitral award in the Malaysian High Court, which related to a production sharing contract for an oil and gas field in India.
Acted for Ann Joo Integrated Steel on arbitration proceedings against a contractor, in relation to a contract for the construction of a blast furnace complex in Malaysia.
Notable practitioners
Chang Wei Mun is well regarded by market commentators for his specialisation in construction arbitration and adjudication. He is regarded by sources as “very effective counsel” in construction matters, whilst additional interviewees say that he is “responsive and efficient.”
CORPORATE/M&A
What the team is known for
Strong corporate team, regularly acting for both domestic and international clients on mandates such as M&A and joint ventures. Active on cross-border transactions, with strong expertise in the life sciences, technology and aviation sectors. Also handles ECM mandates, including IPOs.
Strengths
The firm’s attention to detail is praised by interviewees, who describe its team as “very thorough and responsive to clients.”
Work highlights
Advised Bayer on the Malaysian law elements of its USD62.5 billion acquisition of US-based Monsanto.
Acted for Eli Lilly in relation to the Malaysian law aspects arising out of the divestiture of animal health business Elanco.
Notable practitioners
Chew Phye Keat and Tai Chu Wei are key points of contact for clients.
INTELLECTUAL PROPERTY
What the team is known for
Respected department that provides a range of contentious and advisory IP services, including in relation to trade marks, patents and copyrights. Regularly assists clients with litigation, prosecution and enforcement, possessing particular expertise in the TMT sector.
Work highlights
Acted for Shenzhen Coocaa Network on the protection of its trade mark Coocaa, against a Malaysian individual known to apply and register well-known trade marks belonging to foreign corporations.
Assisted Giorgio Armani with an opposition against a Malaysian trade mark application for a perfume name.
Notable practitioners
Chew Phye Keat has long-standing experience in the IP field, having co-founded the Malaysian Intellectual Property Association. He advises clients from the telecommunications, IT, energy and construction sectors on commercial and transactional IP-related work.
TAX
What the team is known for
Experienced tax team with a solid reputation for dealing with both litigious and advisory matters. Knowledgeable of both direct and indirect tax, the team has expertise that spans income tax and GST, customs, stamp duty and planning. Well placed to advise on transactional tax issues, the firm regularly represents high-profile domestic and international clients.
Strengths
The firm is noted by clients for its responsiveness and quality of work: “The legal opinions are thorough and comprehensive and provided expeditiously.”
Another source praises the level of client service provided: “They are very patient and understanding, making sure clients are comfortable.”
Work highlights
Acted for SKF Bearing Industries Malaysia in relation to a MYR145 million dispute relating to taxes arising from the sale of intangible assets.
Advised Petronas on income tax and GST consequences of perquisites and benefits given to its directors.
Notable practitioners
Well versed in handling tax advisory as well as litigation, Vijey Mohana Krishnan has earned a good reputation as a deft and personable lawyer in the market. Clients express their satisfaction working with him: “For a quick view or preliminary view on a matter, he’s very supportive and very accommodative.”
TECHNOLOGY, MEDIA, TELECOMS (TMT)
What the team is known for
Respected department with strong expertise in the IT sector, including outsourcing and software licensing. Also well versed in regulatory requirements pertaining to e-commerce, digital signatures, telecoms and personal data protection. Its clientele spans both global and Malaysian corporates.
Strengths
Clients describe the team as “very professional and willing to go beyond what is required,” while further interviewees commend the team’s “commitment, quality and speed.”
Work highlights
Advised a software company on an agreement with a Hong Kong-based credit services company, relating to the implementation of a digital credit card and loan system.
Assisted a technology company with an agreement to operate a ticketless car parking system, accessed through a smartphone application.
Notable practitioners
Tong Lai Ling is a recognised expert in this sector, particularly relating to IT and telecoms contracts. Clients note “her experience with TMT agreements” and say that “she is able to relate to our team.” She handles a range of software development, e-commerce and data protection mandates.
CHAMBERS ASIA PACIFIC 2019 Edition - Ranked Lawyers
BAND 1
Chew Phye Keat – Competition/Antitrust
BAND 2
Chew Phye Keat – Intellectual Property
Chang Wei Mun – Dispute Resolution: Construction
Vijey Mohana Krishnan – Tax
Tong Lai Ling – Technology, Media, Telecoms
BAND 3
Ravindra Kumar Rengasamy – Employment & Industrial Relations
BENCHMARK LITIGATION – 2018 Edition
Raja Darryl & Loh is best known for its medical negligence, construction and infrastructure and media contentious expertise. At the time of writing, it was announced that practice head and medical malpractice authority Daryl Goon had been appointed to the high court as a judge and was leaving the firm. The team has recently seen an uptick in its banking, tax, employment and IP disputes work.
The firm successfully defended The Edge Communications in a precedent-setting media suspension case that spanned two years. The outcome was that there is now a conclusive precedent for awards of damages and constitutional compensation against the government for future similar cases. A local authority turned to the firm for its defense in relation to judicial review proceedings filed against it by a major toll concessionaire. The matter is pending leave before the Federal Court, with the main contention from the plaintiff being that the firm’s client had no jurisdiction to issue two notices on the highway.
The team also acted for MRT Corporation as a defendant in land acquisition review proceedings launched by a land owner, who alleged that the development value of the land sought to be acquired was in excess of RM2.6 billion. Other respondents to the claim, including the government of Malaysia, were represented by senior federal counsel from the attorney general’s office. The case came to a favourable end for MRT when the land owner discontinued the proceedings.
KL Eco City has been a key client over the past year, working with the firm’s construction team on no less than four contentious matters related to labour, engineering and contracts.
Client Feedback
“Reliable, accommodating and good service.” – Dispute resolution
Darryl Goon
“Beyond the medical negligence work, he is also an excellent commercial lawyer. One of the best in the game.”
ASIAN LEGAL BUSINESS – 2018 Edition
At the ceremony held in Kuala Lumpur on 22nd March, 2018 for the Malaysia Law Awards organised by Asian Legal Business, the firm was named the “Malaysia Litigation Law Firm of the Year”.
The firm was also a finalist for the awards of Arbitration Law Firm of the Year, Aviation Law Firm of the Year, Labour & Employment Law Firm of the Year and Technology, Media & Telecommunications Law Firm of the Year.
MEDIA LAW INTERNATIONAL – 2018 Edition
For the 3rd year running, Raja, Darryl & Loh has been ranked in Tier 1 for media law practice among Malaysian law firms in Media Law International, a publication described as “the specialist guide to the world’s leading firms for media law”, providing comprehensive coverage of law firms and practitioners with media law expertise, across 56 jurisdictions around the world.
Media Law International reported that:
“Raja, Darryl & Loh leads the market with its media law specialisation. With particular expertise in defamation, lawyers routinely act for prominent individuals and publications in cases of libel, slander, malicious falsehood and contempt of court. The team has extensive experience representing print media and online media on freedom of speech, privacy protection and reputation management.”
ASIA PACIFIC LEGAL 500 – 2018 Edition
The firm has maintained its Tier 1 rankings in Dispute Resolution and Real Estate & Construction whilst being highly ranked for Antitrust and Competition, Intellectual Property, Labour & Employment and TMT, and recommended for Banking & Finance, Capital Markets, Corporate & M&A, Projects & Energy and Tax.
The partners on the elite list of Leading Individuals comprise Partners Darryl Goon (Dispute Resolution), Chew Phye Keat (Antitrust & Competition, Intellectual Property), Chang Wei Mun (Dispute Resolution, Real Estate & Construction), Raja Eileen Soraya (Dispute Resolution), Vijey Mohana Krishnan (Tax) and Tong Lai Ling (TMT).
In addition, 9 other Partners have been singled out for recommendation – Ng Sai Yeang (Banking & Finance), Ravindra Kumar Rengasamy (Labour & Employment), Mark La Brooy (Antitrust & Competition), Tai Chu Wei (Capital Markets, Corporate & M&A), Choon Hon Leng (Dispute Resolution, Real Estate & Construction), Chong Kok Seng (Banking & Finance, Corporate & M&A), Joyce Teh (Corporate & M&A), Yvonne Ong (Intellectual Property), Chong Mei Mei (Banking & Finance, Corporate & M&A).
Asia Pacific Legal 500’s new list of “Next Generation Lawyers” includes Senior Associates Joni Jacqueline Benedict (Dispute Resolution), Chang Ee Leen (Tax) and William Wong (Tax).
DISPUTE RESOLUTION
The ‘fantastic and experienced team’ at Raja, Darryl & Loh is headed by Darryl Goon who is well known for his vast litigation expertise. Goon and Raja Eileen Soraya are leading the advice to a medical practitioner and Sunway Medical Centre in a dispute related to the vicarious responsibility of medical institutions in negligence cases. Arbitration experts Chang Wei Mun and Choon Hon Leng are also active members of the practice. Notable clients include Hong Leong Group, the Medical Protection Society and the Edge Media Group.
REAL ESTATE & CONSTRUCTION
Raja, Darryl & Loh fields a very experienced team of lawyers, who have been particularly active recently in advising clients on construction matters ranging from the submission of tenders and bids, the drafting of necessary documentation, to project implementation and dispute resolution. Practice head Chang Wei Mun is a construction specialist. The team is representing KL Eco City (the developer of a major integrated development) in an injunction filed by the contractor, in connection with the collapse of a bridge across the Klang River which caused loss of life, injury and substantial damage to property; the client has also filed a claim for damages estimated to be in excess of RM20m. The department has also been hired by a major corporation to revamp and standardise its construction contracts with contractors and subcontractors. Construction litigation and arbitration specialist Choon Hon Leng is also recommended.
ANTITRUST & COMPETITION
Raja, Darryl & Loh’s competition practice has recently increased its number of specialists to four-dedicated lawyers (including two partners) as a response to a higher demand for its highly-regarded advice. The team approaches cases ‘holistically’, drawing heavily from its commercial and corporate expertise in several industry sectors. It is advising Malaysian car automotive manufacturer Proton on due diligence matters (aimed at compliance with competition law) connected to the client’s proposed strategic investment invitation to potential investors. Audemars Piguet, Heineken Malaysia, Federation of Malaysian Manufacturers and Clariant Malaysia are other clients. Chew Phye Keat and Mark Yu Kee La Broy are the key names.
INTELLECTUAL PROPERTY
The ‘excellent IP team’ at Raja, Darryl & Loh fields ‘creative, resourceful and effective lawyers’. Chew Phye Keat, who is well-versed in corporate, commercial and information technology, and Yvonne Ong, who advises clients on the registration and enforcement of IP rights, are the leading names. The practice is assisting Hewlett Packard Enterprise Company and HP Inc (after their demerger) on matters connected to their corresponding trade marks in Malaysia. A list of select clients includes Petrofac E&C, Axiata Group and Vitally.
LABOUR & EMPLOYMENT
Raja, Darryl & Loh advises clients on a diverse range of employment issues including retrenchment, voluntary settlement schemes, immigration, unfair dismissal and judicial review. Ravindra Kumar Rengasamy leads the practice.
TMT
Working closely with the other firm’s departments, Raja, Darryl & Loh’s TMT group advises its clientele on matters connected to IT systems, software licensing, outsourcing, mobile/e-commerce, telecoms and data protection. In a notable work highlight it acted for Trilliant Networks (Canada) (TNCI) on its agreement with Tenaga Nasional (the largest power company in Southeast Asia) to design, supply, deliver, install, license and maintain a purpose-built communications platform for a project in Malacca. Tong Lai Ling is the key name.
BANKING & FINANCE
Raja, Darryl & Loh has expertise in fintech and aircraft financing. The team is headed by Ng Sai Yeang, with Chong Mei Mei and Chong Kok Seng also noted for their expertise.
CAPITAL MARKETS
Under the leadership of Tai Chu Wei, Raja, Darryl & Loh’s capital markets team acted as the Malaysian counsel to Plover Bay Technologies on its listing on the Hong Kong Stock Exchange (HKEx). Other notable clients include Tien Wah Press Holdings, SCC Holdings, Kanger International and China Singyes Solar Technologies.
CORPORATE & M/A
Raja, Darryl & Loh is advising NYSE-listed Pentair on the Malaysian elements of the disposal of its valves and control business to Emerson Electric, in an operation with a global value of more than $3.15bn. The practice is also supporting German bio-technology, corporation Merck KGaA, with the Malaysian aspects of its integration with Sigma-Aldrich, following the latter’s acquisition by the former. Practice head Chew Phye Keat, Tai Chu Wei, Chong Kok Seng, Joyce Teh Yen Yen and Chong Mei Mei are recommended.
TAX
Raja, Darryl & Loh represented Latexx Manufacturing (a member of the Semperit Group) in an income tax appeal before the Court of Appeal in a precedent-setting case successfully resolved in favour of the client. Vijey Mohana Krishnan leads the practice, ably aided by senior associates Chang Ee Leen and William Wong.
PROJECTS & ENERGY
At Raja, Darryl & Loh, Chang Wei Mun advises clients at all stages of construction projects, from the submission of tenders and bids, project implementation, to completion and related potential disputes arising after completion of the project.
ASIAN – MENA COUNSEL – 2018 Edition
In the latest annual survey of in-house counsel conducted by the publication Asian-MENA Counsel, Raja, Darryl & Loh has been named an “Asian-MENA Counsel & In-House Community: Malaysia Firm of the Year 2017” for Real Estate/Construction.
This survey is conducted among in-house legal counsel of corporations in Asia and the Middle East and is said to be the largest and most definitive poll of actual buyers of legal services, and hence the most important survey of the legal market conducted in Asia and Middle East.
In addition, the firm received Honourable Mention for the categories of Taxation and Most Responsive Domestic law Firm.
CHAMBERS ASIA PACIFIC – 2018 Edition
DISPUTE RESOLUTION
What the team is known for: Well-established disputes team, particularly noted for its specialisation in medical malpractice and defamation cases along with its adept handling of construction arbitrations. Well placed to handle both litigation and arbitration, including IP, tax and real estate cases, often representing oil and gas, media and engineering clients, as well as medical professionals.
Work highlights: Successfully acted for Cairn India, Videocon Industries and Ravva Oil in striking out a leave to appeal application, relating to a previous Malaysian arbitral award over a sharing contract in the oil and gas sector.
Acted for The Edge Communications in an ongoing case linked to its coverage of the 1MDB scandal, whereby the client successfully appealed against the suspension of publication of The Edge Malaysia and The Edge Financial Daily.
Notable practitioners
Acted for The Edge Communications in an ongoing case linked to its coverage of the 1MDB scandal, whereby the client successfully appealed against the suspension of publication of The Edge Malaysia and The Edge Financial Daily.
Darryl Goon is named by market sources as a “go-to” lawyer for disputes, with an impressive practice that spans professional negligence, defamation and corporate cases. He acted for Mass Rapid Transit Corporation in proceedings commenced by Sentul Raya opposing the compulsory purchase of its land for the construction of a railway infrastructure project.
Chang Wei Mun wins the acclaim of market sources as “an extremely competent and meticulous advocate.” His practice focuses on construction-related litigation and arbitration. Of late, he represented KL Eco City in a dispute with the contractor for its infrastructure project, following the collapse of a bridge and subsequent casualties and property damage.
CORPORATE/M&A
What the team is known for: Strong corporate team, regularly acting for both domestic and international clients on mandates such as M&A and joint ventures. Active on cross-border transactions, with strong expertise in the life sciences, technology and aviation sectors.
Strengths: Impressed sources commend the team’s knowledge, reporting: “We are very happy with their work, which is of a high standard.”
Work highlights: Acted for Microsoft on the USD350 million disposal of its feature phone interests in Malaysia to FIH Mobile and HMD Global.
Advised HP International Sarl on the Malaysian legal aspects of its purchase of Samsung’s printer operations.
Notable practitioners
Department head Chew Phye Keat is a key contact for clients.
INTELLECTUAL PROPERTY
What the team is known for: Respected department that provides a range of contentious and advisory IP services, including in relation to trade marks, patents and copyrights. Regularly assists clients with litigation, prosecution and enforcement, possessing particular expertise in the TMT sector.
Strengths: Interviewees praise the firm’s client commitment, reporting that the team “are very professional and dedicated in their work.”
Work highlights: Represented Petrofac E&C against a patent infringement claim by Kingtime International and Gryphon Energy, which related to wellhead technology used in the oil and gas industry.
Assisted Hewlett Packard Enterprise and HP with their Malaysian trade mark portfolios.
Notable practitioners
Chew Phye Keat has a wealth of experience in handling corporate-related IP matters, including technology transfer, joint ventures and IP audits. He is knowledgeable of trade mark, patent and design laws, while he also practises competition law.
TAX
What the team is known for: Experienced tax team with a solid reputation for dealing with both litigious and advisory matters. Knowledgeable of both direct and indirect tax, the team has expertise that spans income tax and GST, customs, stamp duty and planning. Well placed to advise on transactional tax issues, the firm regularly represents high-profile domestic and international clients.
Strengths: Clients appreciate the team’s methodical approach, noting that “they are very thorough in their research.”
Work highlights: Represented Jemco in the High Court in a sales tax refund dispute, relating to pricing issues that followed Malaysia’s GST implementation.
Acted for Heineken in an excise and sales tax dispute concerning the valuation of its Malaysian-manufactured products.
Notable practitioners
Vijey Mohana Krishnan is a well-established figure in the Malaysian tax market, with expertise in both advisory and contentious matters. Well versed in handling tax planning as well as income tax appeals, he is described by clients as “very thorough, responsive and detailed, with the courage and conviction to think outside the box.” He successfully acted in an appeal for Latexx Manufacturing concerning its tax holiday status.
Ranked Lawyers
BAND 1
Darryl Goon – Dispute Resolution
BAND 2
Chew Phye Keat – Competition/AntiTrust
Chang Wei Mun – Dispute Resolution: Construction
Vijey Mohana Krishnan – Tax
BAND 3
Chew Phye Keat – Intellectual Property
Ravindra Kumar Rengasamy – Employment & Industrial Relations
ASIALAW PROFILES – 2018 Edition
CAPITAL MARKETS
Raja Darryl & Loh’s team is equipped to manage equity capital market transactions and securitisations. Chu Wei Tai, practice head, has been assisting a Singaporean cloud computing solution provider on its proposed initial public offering on the Bursa Malaysia’s ACE board.
COMPETITION & ANTITRUST
Raja Darryl & Loh’s team is skilled at cartel investigations and litigation, price fixing and abuse of dominance matters. Practice head Phye Keat Chew, noted by a client for “rational thoughts and professionalism”, is advising a Malaysian automotive company manufacturer on competition law audits and compliance. Chew is also assisting an automobile manufacturer on an abuse of dominance complaint about favouring some repair shops over others. The team met with the Malaysian Competition Commission to explain the client’s business practice, and the Commission dropped the investigation.
CONSTRUCTION & REAL ESTATE
Raja Darryl & Loh’s Wei Mun Chang, practice leader, and Shirley Hor are acting for SP Setia Group’s KL Eco City, the developer of the mixed use property in Kuala Lumpur. A dispute has happened between KL and the contractor after the collapse of a pedestrian bridge across the Klang River, killing a construction worker. The contractor has filed an injunction so the client cannot collect money under a performance bond, while KL has filed a suit for damages worth more than RM20 million.
CORPORATE/M&A
Raja Darryl & Loh has a respectable team, led by Phye Keat Chew, a market-leading lawyer. Chu Wei Tai is local counsel for Pentair’s $3.2 billion global divestment of its valves and controls division to Emerson Electric. Advice focused on corporate, employment and tax matters.
DISPUTE RESOLUTION & LITIGATION
The “professional and capable services” of Raja Darryl & Loh’s team continue to earn it difficult mandates. Instructed by Sunway Medical Centre, Darryl Goon, practice co-head and market-leading lawyer, and Raja Eileen Soraya, a leading lawyer, are defending the hospital against liability for their doctor’s actions. The client is arguing before the Federal Court that the doctors are independent contractors, and thus is not liable. The “very knowledgeable and innovative” Wei Mun Chang, a market-leading lawyer and construction specialist, remains as a co-leader, while Siew Ming Lim left the firm in December 2016.
INTELLECTUAL PROPERTY
Market-leading lawyer Phye Keat Chew, an “industry expert [with] fast response time [and] easy accessibility,” and “easy to work with” Yvonne Ong, who “gives practical and commercially viable advice,” lead Raja Darryl & Loh’s practice. The team is respected for their “expertise in their field and provides legal assistance as and when needed, without delay”, adds another client. Work highlights show performance across specialities including soft IP prosecution, strategy and patent contentious work.
IT, TELCO & MEDIA
Raja Darryl & Loh’s practice, led by Lai Ling Tong, handles contentious and non-contentious matters in communications equipment, application software and IT consulting. A client respects Tong’s “experience and knowledge on IT and software agreements”. Tong and Chu Wei Tai advised Trilliant, a Canadian smart grid solutions provider, on an agreement with Tenaga Nasional, the Malaysian utility giant. The agreement was about designing and implementing a smart grid pilot project in Malacca, a state in western Malaysia.
LABOUR & EMPLOYMENT
Raja Darryl & Loh’s practice continues as highly recommended for dispute resolution, business restructuring and advice on policies, procedures and handbooks. Ravindra Kumar Rengasamy, a disputes leading lawyer, represented an oilfield service company when a contract employee claimed unfair dismissal when his one-year contract expired. The Industrial Court dismissed the former employee’s claim. Rengasamy defended another employer against a former employee’s claim of forced resignation. The team was able to show the former staff The Industrial Court sided with the client.
SHIPPING, MARITIME & AVIATION
Raja Darryl & Loh is recommended for its aviation practice, in particular its work with lessors, funds and private equity. “The aviation finance team in Malaysia is top rate,” says a client. “I trust them to provide sound advice on the most complicated of matters.” With “great command of legal issues in Malaysia and great client service”, Kok Seng Chong, practice head, has had a string of aircraft leasing and asset acquisitions. Chong advised a commercial aircraft leasing company, for example, on its cross-border (Indonesia and US) lease transfer of two Boeing aircraft.
TAXATION
Raja Darryl & Loh has a reputation for handling direct and indirect tax matters. Practice leader Vijey Krishnan, a leading lawyer, advised Petronas, a Malaysian oil and gas company, on its withholding tax position across the group with some 51,000 employees. Krishnan also represented Latexx Manufacturing, a Malaysian industrial equipment supplier, in an income tax case before the Court of Appeal. The court decided that the Inland Revenue Board could not remove the client’s tax holiday status because of an alleged non-compliance matter.
LISTED AS ASIALAW MARKET-LEADING LAWYERS:
Darryl Goon – Dispute Resolution & Litigation
Rajasekaran Murugaiah – Dispute Resolution & Litigation
Chew Phye Keat – Corporate/M&A, Intellectual Property
Chang Wei Mun – Dispute Resolution & Litigation
LISTED AS ASIALAW LEADING LAWYERS:
Ravindra Kumar Rengasamy – Dispute Resolution & Litigation
Raja Eileen Soraya – Dispute Resolution & Litigation
Vijey Mohana Krishnan – Taxation
Choon Hon Leng – Dispute Resolution & Litigation
Chong Kok Seng – Corporate/M&A
LISTED AS ASIALAW RISING STAR LAWYER:
Chang Ee Leen – Corporate/M&A
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000 – 2018 Edition
LISTED AS IFLR HIGHLY REGARDED LAWYERS:
- Vijey M Krishnan – M&A
- Tai Chu Wei – Capital Markets, M&A
MEDIA LAW INTERNATIONAL – 2017 Edition
Once again, RDL has been ranked in Tier 1 for our media law practice among Malaysian law firms in the 2017 edition of Media Law International, the exclusive guide to leading media law firms around the world and which provides comprehensive coverage of firms and practitioners with media law expertise, across 56 jurisdictions.
For more information, please click on http://medialawinternational.com/malaysiarankings.html
ASIA PACIFIC LEGAL 500 – 2017 Edition
We are delighted and gratified that our Dispute Resolution practice has received Tier 1 ranking in the 2017 edition of the Asia Pacific Legal 500. The firm maintains its Tier 1 ranking in Real Estate & Construction, whilst continuing to be highly ranked for Intellectual Property, Labour & Employment, Tax, TMT, Capital Markets and Corporate & M&A. The firm is also recommended for its work in Banking & Finance and Projects & Energy.
4 Partners have been recognised as Leading Individuals in their respective areas of practice, namely, Darryl Goon (Dispute Resolution), Chew Phye Keat (Intellectual Property), Raja Eileen Soraya (Dispute Resolution) and Tong Lai Ling (TMT), whilst 12 other Partners have been recommended – Maidzuara Mohamed (Dispute Resolution), Ng Sai Yeang (Dispute Resolution), Rajasekaran Murugaiah (Dispute Resolution), Chang Wei Mun (Dispute Resolution, Real Estate & Construction), Choon Hon Leng (Dispute Resolution, Real Estate & Construction), Tai Chu Wei (Capital Markets, Corporate & M&A), Chong Kok Seng (Corporate & M&A), Joyce Teh (Corporate & M&A), Yvonne Ong (Intellectual Property), Ravindra Kumar Rengasamy (Labour & Employment) and Vijey M Krishnan (Tax).
DISPUTE RESOLUTION
Lawyers at the ‘fantastic’ Raja, Darryl & Loh are ‘very approachable and have good communication skills’. Highlights for practice head Darryl Goon and Raja Eileen Soraya included successfully applying for a judicial review against the suspension of articles imposed against The Edge Communications pertaining to the 1MDB scandal. Maidzuara Mohammed successfully represented a doctor in a medical negligence case in the Court of Appeal. Ng Sai Yeang and Rajasekaran Murugaiah are also highly recommended, and Chang Wei Mun and Choon Hon Leng are known for their arbitration expertise.
CAPITAL MARKETS
Raja, Darryl & Loh’s practice is led by Tai Chu Wei. The former advised Franklin Templeton GSC Asset Management on establishing a sukuk fund, while the latter assisted Tien Wah Press Holdings with its plan to raise RM48.25m through a rights issuance.
CORPORATE & M&A
Highlights for Raja, Darryl & Loh’s team included assisting Accenture with the various Malaysian aspects of its acquisition of Schlumberger Business Consulting, and advising Yeo Hiap Seng on establishing a joint venture with China Huiyan Juice Group. Other clients include ExxonMobil, Microsoft, Marriott and Western Union. Practice head Chew Phye Keat, Tai Chu Wei, Chong Kok Seng and Joyce Teh are the main contacts.
INTELLECTUAL PROPERTY
Raja, Darryl & Loh’s practice is led by Chew Phye Keat, who focuses on commercial matters, and Yvonne Ong, who handles prosecution. The pair assisted Vitally Marketing with the protection of its brands and designs, while Ong also acted for AP Cosmetics in invalidation proceedings before the High Court. Other clients include Microsoft, Hewlett–Packard and Gap.
LABOUR & EMPLOYMENT
Raja, Darryl & Loh’s workload includes handling retrenchment matters, voluntary settlement schemes, immigration issues, unfair dismissal cases and judicial review applications for high–profile Malaysian and international clients. Ravindra Kumar Rengasamy heads the practice.
REAL ESTATE & CONSTRUCTION
Highlights for Raja, Darryl & Loh’s real estate department included advising a bank on the redevelopment of its Kuala Lumpur headquarters and assisting CCM Duopharma Biotech with its proposal to construct a RM141m plant and warehouse in Selangor. Chang Wei Mun heads the team, which includes Choon Hon Leng.
TMT (Telecommunications Media & Technology)
Raja, Darryl & Loh’s practice is led by the ‘meticulous, responsive and practical’ Tong Lai Ling, who advised Maybank on its agreement with Sage Software for a digital banking collaboration. Data protection and e–commerce are also areas of expertise.
TAX
Raja, Darryl & Loh successfully represented Hicom–Honda Manufacturing in a precedent–setting High Court case involving capital allowance and reinvestment allowance, and advised healthcare provider Pantai Group on industry–specific GST and income tax issues. Vijey Krishnan heads the practice
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000 – 2017 Edition
Raja, Darryl & Loh has broad scope of knowledge and is not big enough to be impersonal in serving its clients. Apart from its regular financial and corporate practices, the firm also has a special focus in life sciences with partner Joyce Teh heading the non-litigation aspects of the practice.
In M&A, the firm was the Malaysian counsel for Accenture in its acquisition of Schlumberger Business Consulting, the management consulting unit of oilfield service Schlumberger. It also advised TE Connectivity in respect of the Malaysian leg of the sale of its Broadband Network Solutions business to Commscope.
In capital markets, the firm represented Tien Wah Press Holdings in respect of its plans to raise RM48 million through a rights issue. The proceeds of the rights issue is to be used for its business expansion plans and for the construction of a new factory.
LISTED AS IFLR LEADING LAWYERS:
Vijey M Krishnan – M&A
Tai Chu Wei – Capital Markets, M&A
ASIALAW PROFILES - 2017 Edition
COMPETITION & ANTITRUST
Raja, Darryl & Loh is strong in handling competition law in Malaysia. Chew Phye Keat advised Proton Group, one of two national car manufacturers and distributors, on its competition law compliance programme. Chew also provided competition compliance training for Monier Holdings, a roofing supplies and services company in Malaysia.
CONSTRUCTION & REAL ESTATE
Led by Wei Mun Chang, Raja Darryl & Loh has a large and experienced team to offer legal advice on all aspects of construction matters. Chang and Hon Leng Choon advised CCM Duopharma Biotech on its construction of a plant and warehouse in Klang for RM141 million.
DISPUTE RESOLUTION & LITIGATION
The dispute resolution practice of Raja, Darryl & Loh specialises in health care and clinical negligence, and disputes concerning construction, media, tax and intellectual property. Darryl Goon advised Edge Communications on an application for a judicial review against the government’s decision to suspend the client’s publications arising from articles published on the 1MDB scandal.
IT, TELCO & MEDIA
Raja, Darryl & Loh advises on procurement of IT systems, software licensing, outsourcing, and mobile and e-commerce issues. Tong Lai Ling advised Maybank on its Digital Banking Collaboration with Sage Software. Darryl Goon and Raja Eileen Soraya represented Edge Media Group in opposing the suspension of the publication of The Edge Malaysia and The Edge Financial Daily because of articles published on the 1MDB scandal.
LABOUR & EMPLOYMENT
Raja, Darryl & Loh consolidates its ranking for its ability to advise on a broad range of employment issues, including disciplinary actions, retrenchment and voluntary settlement schemes, and mutual separation agreements. Ravindra Kumar Rengasamy advised a higher education institution on its retrenchment exercise. He also advised a hotel corporation in an action against claims of unfair dismissal.
TAXATION
Raja, Darryl & Loh is known for its established tax law practice, with many multinational and Malaysian clients. Vijey Krishnan advised Hicom-Honda Manufacturing on capital allowance and reinvestment allowance claims that were disallowed by the Inland Revenue.
LISTED AS ASIALAW MARKET-LEADING LAWYERS:
Chang Wei Mun – Dispute Resolution & Litigation
Chew Phye Keat – Corporate/M&A, Intellectual Property
Darryl Goon – Dispute Resolution & Litigation
Rajasekaran Murugaiah – Dispute Resolution & Litigation
LISTED AS ASIALAW LEADING LAWYERS:
Chong Kok Seng – Corporate/M&A
Ravindra Kumar Rengasamy – Dispute Resolution & Litigation
Raja Eileen Soraya – Dispute Resolution & Litigation.
LISTED AS ASIALAW RISING STAR LAWYER:
Choon Hon Leng – Dispute Resolution & Litigation
CHAMBERS ASIA PACIFIC - 2017 Edition
CORPORATE/M&A
Basic facts about the department
– Head of department: Chew Phye Keat
– 9 partners
– 15 other qualified lawyers
What the team is known for: Strong corporate team, regularly acting for both domestic and international clients on mandates such as M&A and joint ventures. Notable for its broad range of expertise, covering such varied sectors as aviation, healthcare, technology and IT.
Strengths: The team is especially applauded for its commercial approach by several clients, who praise both its “very good level of service” and its ability to “understand the issues from a business perspective.”
Clients also note that the lawyers “are very responsive, and generally provide advice within required timeframes.”
Work highlights: Advised Maybank on the contractual arrangements supporting its collaboration with Sage Software in the development of an electronic payment system for small and medium-sized enterprises.
Represented Accenture in its purchase of Schlumberger Business Consulting, including advising on related business transfer and employment issues.
Significant clients: Bombardier, ExxonMobil, Honeywell, Marriott Group, Microsoft.
Notable practitioners
Chew Phye Keat is the key contact in the department.
DISPUTE RESOLUTION
Basic facts about the department
– Head of department: Darryl Goon
– 12 partners
– 24 other qualified lawyers
What the team is known for: Well-established disputes team, particularly noted for its specialisation in medical malpractice and defamation cases along with its adept handling of construction arbitrations. Also highlighted for its expertise regarding tax and IT litigation, and frequently instructed by clients from the energy, power and engineering sectors.
Strengths: The department’s dedication to speedy delivery is noted as a key strength, with clients reporting that “prompt and efficient service is their forte” and that the lawyers “respond very quickly.”
Work highlights: Successfully represented The Edge Communications in its appeal against the Malaysian government’s suspension of its publications, following the appearance of articles concerning the internationally reported 1MDB scandal.
Represented China Harbour Engineering in a High Court action against a shipping company, relating to the delivery of materials supporting the development of a construction project in Myanmar.
Significant clients: Chemical Company of Malaysia, Country Heights Holdings, Hong Leong, Malayan Banking, Sime Darby.
Notable practitioners
Darryl Goon is an experienced and “very highly regarded” litigator, regularly acting on matters concerning professional negligence, defamation and IP. Described by clients as “easy to deal with,” and particularly valued for navigating medical clients through complex legal issues, he lately and successfully represented an obstetrician and gynaecologist in a Court of Appeal reconsideration of a medical negligence action.
Chang Wei Mun focuses on construction disputes and is particularly at home in the arbitration sphere. He regularly handles contentious matters relating to infrastructure and engineering issues, as well as cases involving the development of hotels and airports.
EMPLOYMENT & INDUSTRIAL RELATIONS
Basic facts about the department
– Head of department: Ravindra Kumar Rengasamy
– 1 partner
– 3 other qualified lawyers
What the team is known for: Broad employment offering, assisting employers from various industries with litigation and advisory matters. Handles a diverse spread of work, including unfair dismissal disputes and retrenchment exercises, as well as drafting employee handbooks,contracts and collective agreements.
Strengths: The firm’s service is praised, with one client commending its “sound advice and prompt response.”
Significant clients: Pharmaniaga, Prudential BSN Takaful, Ramco Systems, TAHPS Group, Western Union.
Notable practitioners
Ravindra Kumar Rengasamy’s practice encompasses advisory and litigation work. He advises employers on matters such as retrenchment and employee misconduct, as well as handling unfair dismissal cases. He impresses clients with “his responsiveness and turnaround time on advice,” as well as “his attention to detail.”
INTELLECTUAL PROPERTY
Basic facts about the department
– Head of department: Chew Phye Keat
– 3 partners
– 5 other qualified lawyers
What the team is known for: Broad practice that supplements its IP offering with substantial corporate expertise. Highly active in trade mark prosecution, registration matters and licensing issues surrounding technology transfer.
Strengths: The firm’s interpersonal and technical skills are praised. A client says: “Their partners are reputed experts in their field ” as well as being personable and approachable.”
Work highlights: Defended AP Cosmetics against claims that its product had infringed a registered industrial design for an eyebrow pencil. Subsequently, assisted AP Cosmetics with its successful application to invalidate the opposing party’s industrial design registration. Represented Ayur Centre in a dispute relating to its attempts to register a trade mark.
Significant clients: Aeon, Gap, Hewlett-Packard, Mattel, Microsoft.
Notable practitioners
According to an interviewee, Chew Phye Keat is “very experienced in IP matters. He is able to provide very insightful and practical advice to cover various commercial avenues, and has extremely fast turnaround times.” He assists clients with the commercial aspects of IP matters, including joint ventures and software contracts. He is also a prominent competition and antitrust lawyer.
TAX
Basic facts about the department
– Head of department: Vijey Mohana Krishnan
– 1 partner
– 3 other qualified lawyers
What the team is known for: Experienced tax team with a solid reputation for dealing with both litigious and advisory matters. Instructed by corporations and accounting firms, advising on issues such as tax incentives, investigations and audits, and real property gains tax. High-end companies in the automotive and electrical equipment industries constitute a core client base.
Work highlights: Acted for Latexx Manufacturing in an income tax appeal relating to the client’s tax holiday status, brought before the High Court.
Assisted Hicom-Honda with reversing the Inland Revenue’s decision to dismiss its capital and reinvestment allowance claims.
Significant clients: DCNS France, Deloitte Touche Tohmatsu Tax Services, Petronas, PwC, Zurich.
Notable practitioners
Vijey Mohana Krishnan “knows tax law, articulates the issues and provides complete advice,” according to interviewees. His practice incorporates a full range of contentious and non-contentious tax issues, including advising clients on the GST. In a highlight, he advised Country Heights Holdings on a High Court appeal relating to real property tax gains.
RANKED LAWYERS
BAND 1
Darryl Goon – Dispute Resolution
BAND 2
Chang Wei Mun – Dispute Resolution (Construction)
Chew Phye Keat – Competition/AntiTrust
Vijey Mohana Krishnan – Tax
BAND 3
Chew Phye Keat – Intellectual Property
Ravindra Kumar Rengasamy – Employment
ASIALAW PROFILES - 2016 Edition
Raja, Darryl & Loh has been operating in Malaysia for more than 50 years, and is highly regarded for its corporate, disputes and IP practices. “They provide a clear analysis of their comments and opinions, convincing argument and reasoning, and good recommendations. I also appreciate their good time management and English language ability,” says a long-standing client.
In March 2015, head of the dispute resolution practice, Darryl Goon and his team represented MISC at the Court of Appeal and the Federal Court over the damages awarded by the High Court to the plaintiff, Scandinavian Bunkering Singapore, for breach of contract on the sale of fixed quantities of marine fuel oil, also referred to as a fixed price bunker supply agreement. The Federal Court overruled both the High Court and Court of Appeal decisions, and ruled in favour of MISC. “I am happy with the cooperation and good performance provided,” says one of Goon’s clients.
In an ongoing matter, Goon advises Walker Asia Development as one of the respondents on an appeal involving local and foreign companies over allegations to conspire to injure and defraud in connection with a suspect transaction.
Litigators Dato’ Rajasekaran Murugaiah and Chang Wei Mun are also members of the disputes group. Chang, an arbitrator, specialises in construction law and has handled some important construction cases.
Tai Chu Wei, of the corporate practice, acted for the vendors of CTOS, Malaysia’s leading Credit Reporting Agency, on its sale to Creador, a Southeast Asian private equity firm. The team assisted in reviewing and negotiating the definitive agreements for the transaction, and advised the vendors on the regulatory issues stemming from the Credit Reporting Agencies Act 2010. The transaction was completed in September 2014.
The firm’s aviation practice is managed by Chong Kok Seng, who acts for major airlines and aircraft lessors on the sale and purchase, leasing, financing and securitisation of aircraft, as well as devising tax efficient structures. Clients include Air Canada, AWAS Aviation Group, Babcock & Brown Aviation Group and Macquarie Aviation Group.
Corporate partner Vijey Mohana Krishnan specialises in tax law, while Chew Phye Keat is the leading lawyer for IP matters. The firm is also active in IT, media and telecommunications. “They have strong knowledge of IT and personal data protection. Well-read and showing genuine interest in the work that they do, they go out of their way to find additional information to share with clients,” says a client.
The firm was highly recommended for the following practice areas:
- Banking & Finance
- Capital Markets
- Competition & Antitrust
- Construction & Real Estate
- Corporate/M&A
- Dispute Resolution
- Intellectual Property
- Investment Funds
- IT, Telco & Media
- Labour & Employment
- Shipping, Maritime & Aviation
- Tax
AsiaLaw Recommended Individuals are:
- Chang Wei Mun
- Chew Phye Keat
- Chong Kok Seng
- Darryl Goon
- Vijey Mohana Krishnan
- Dato’ Rajasekaran Murugaiah &
- Tai Chu Wei
CHAMBERS ASIA PACIFIC - 2016 Edition
CORPORATE/M&A
What the team is known for: Established team acknowledged on the market for its work advising clients from various sectors including aviation, IT and healthcare. Able to offer support on cross-border M&A deals, in addition to joint ventures and general corporate advisory matters.
Strengths: (Quotes mainly from clients)
“The team is well organised and has good responsiveness.”
Work highlights: Acted for the vendors of CTOS Data System, the largest credit reporting agency in Malaysia, in its sale to Creador. Advised Silverlake Axis on the establishment of a joint venture company to facilitate a takeover offer for Finzsoft.
Notable practitioners:
Chew Phye Keat heads the department and is a primary point of contact.
DISPUTE RESOLUTION
What the team is known for: Continues to build a solid reputation in the market for the size and quality of its team. In addition to general commercial dispute resolution support, the department advises in a range of specialist areas, including the construction, energy, healthcare, media and taxation spheres.
Strengths: (Quotes mainly from clients)
“They have a good reputation.”
“They are excellent.”
Notable practitioners:
Acclaimed practitioner Darryl Goon heads the practice and is cited by sources for his “encyclopaedic knowledge of the law” and “tenacity and excellent delivery” in court. He handles a broad variety of matters including professional negligence, defamation and insurance law.
Chang Wei Mun leads the firm’s construction and energy practice and often works on disputes arising in the projects and infrastructure sector, as well as sitting as an arbitrator. Interviewees appreciate him for his “clear, succinct and practical” advice.
Significant clients: The Edge Media Group, Maybank, Medical Protection Society of the UK, Petronas, Sime Darby.
EMPLOYMENT
What the team is known for: Solid practice that advises clients on a broad spectrum of employment and industrial relations matters. Regularly represents companies at the Industrial Court in cases such as retrenchment and constructive dismissal and also provides advisory services on issues including domestic enquiries and mutual separation agreements.
Work highlights: Represented Baker Oil Tools at the Industrial Court in a claim for unfair dismissal brought by an employee who alleged that the company accepted a forged letter of resignation.
Notable practitioners:
“Knowledgeable and reasonable” Ravindra Kumar Rengasamy heads the employment practice at the firm and is praised by peers for his strong commitment to his clients’ interests. He advises on issues such as employment contracts and terminations and is also a go-to practitioner for contentious matters.
Significant clients: Federation of Investment Managers Malaysia, Inti Universal Holdings, MTJ Development, Petrofac, Volvo.
INTELLECTUAL PROPERTY
What the team is known for: Long-established practice, well known for its focus on patent and trade mark prosecutions. Also extremely active in the registration field, dealing with filings of applications for industrial designs, as well as advising clients on anti-counterfeiting and anti-piracy issues.
Strengths: (Quotes mainly from clients)
“They are very thorough.”
Work highlights: Assisted Sarpinos with IP issues arising from its purchase of a franchise business, including the mounting of passing-off actions against parties that continued to use the business’s name and mark despite the issuance of termination notices.
Advised AP Cosmetics with regard to concerns over the possibility that an eyebrow pencil it was marketing was in infringement of a registered industrial design.
Notable practitioners:
Chew Phye Keat brings long and varied experience in this space to the practice and is particularly well qualified to advise on matters of IP commercialisation and management. Clients cite him for his depth of industry knowledge, and appreciate him being “very up front about what we can and what we can’t do; he doesn’t waste our time.”
Significant clients: Aeon, Axiata Group, Bridgestone, Hewlett-Packard, Microsoft.
TAX
What the team is known for: Experienced tax team with a solid reputation for dealing with both litigious and advisory tax matters. Instructed by both corporations and accounting firms, advising on issues such as tax incentives, investigations and audits, and real property gains tax.
Strengths: (Quotes mainly from clients)
“Their strength is their passion for this work.”
“Their research is good: sound and up to date.”
Work highlights: Successfully represented Zurich in a precedent-setting income tax appeal.
Advised Pantai Hospital Group in relation to its preparation for implementation of the new GST.
Notable practitioners:
With his background as an auditor, department leader Vijey Mohana Krishnan provides his clients with invaluable expertise on a broad spectrum of matters ranging from income tax appeals to stamp duty. Interviewees endorse him as “a really sharp” practitioner who “gives you practical solutions.”
Significant clients: Canon, DCNS France, Petronas, Proton, Sime Darby.
RANKED LAWYERS
BAND 1
Chew Phye Keat – Competition/AntiTrust
Darryl Goon – Dispute Resolution
BAND 2
Chang Wei Mun – Dispute Resolution (Construction)
Vijey Mohana Krishnan – Tax
BAND 3
Chew Phye Keat – Intellectual Property
Ravindra Kumar Rengasamy – Employment
ASIA PACIFIC LEGAL 500 – 2015 Edition
We are most delighted to note that in the editorial of THE LEGAL 500 – ASIA PACIFIC 2015, our partners, Darryl Goon, Raja Eileen Soraya and Tong Lai Ling have been listed in the elite list of “Leading Lawyers” in their respective practice areas and 13 of our partners have been recommended in the editorial in their respective practice areas. They are Darryl Goon, Chang Wei Mun, Ng Sai Yeang and Raja Eileen Soraya (Dispute Resolution), Chang Wei Mun and Wong Quan Sean (Construction and Real Estate), Chew Phye Keat, Tai Chu Wei, Joyce Teh and Chong Kok Seng (Corporate & M&A), Tai Chu Wei (Capital Markets), Vijey M Krishnan (Tax), Tong Lai Ling (IT and Telecoms) and Chew Phye Keat and Yvonne Ong (Intellectual Property).
Dispute Resolution
Raja, Darryl & Loh has strong expertise in high-profile libel, media and defamation cases alongside acting in general commercial disputes. Representative clients include Hong Leong Group, Exxon Mobil and the Medical Protection Society. Raja Eileen Soraya has been representing Petrofac in a contractual dispute, and The Edge Malaysia in a judicial review application regarding decisions by the Ministry of Home Affairs to approve and then revoke licences for media publications. Chang Wei Mun successfully represented appellants in Agrovenus v Pacific Inter-link, which overturned a High Court decision regarding the right to recognise and enforce an arbitral award from a foreign state. Darryl Goon heads the practice. Ng Sai Yeang handles banking and finance litigation matters.
Real estate and Construction
Raja, Darryl & Loh’s Chang Wei Mun advises on high-value construction disputes, and recently represented Malaysian Newsprint Industries in a case against Bechtel and BE&K. Real estate head Wong Quan Sean acted for UEM Land on a RM180m site disposal.
Tax
Vijey Krishnan leads a team at Raja, Darryl & Loh that advises on tax advisory matters and disputes for clients including Sime Darby, Asia Energy Services and Pioneer Technology. The practice recently advised Petroliam Nasional on Goods and Services Tax (GST) issues, and has been acting for a number of clients on disputes regarding disallowance of deduction of charges.
Capital Markets
Raja, Darryl & Loh advises corporates and investment banks on IPOs and other mid-market fundraising deals. Tai Chu Wei advised China-based Kanger International on its IPO, which was the only ACE Market listing on Bursa Malaysia during 2013. He also acted for KSTB on a RM12m irredeemable convertible unsecured loan stocks (ICULS) issuance to Maybank.
Corporate and M&A
Raja, Darryl & Loh advises local and foreign clients on cross-border transactions, with particular strength in the TMT sector. Tai Chu Wei advised Microsoft on the local law aspects of its acquisition of Nokia’s devices and services business, and Joyce Teh acted for Halcyon Agriculture on its acquisition of Chip Lam Seng. Chong Kok Seng advised longstanding client Silverlake Axis on a number of South East Asia acquisitions. Department head Chew Phye Keat is recognised for his competition law expertise.
Intellectual Property
Raja, Darryl & Loh’s team is led by Chew Phye Keat and includes Yvonne Ong. It is recommended for its commercial and technical expertise, and acts for international clients across a broad range of industry sectors on IP litigation and enforcement. Clients include Celcom, Hewlett-Packard, Revlon and Microsoft.
IT and Telecoms
Raja, Darryl & Loh’s IT practice handles procurement, licensing, outsourcing, e-commerce, data protection and disputes for both customer and supplier clients such as Sime Darby and Dell. Tong Lai Ling leads the team, which is noted for its ‘its knowledge of industry practice as well as legal advice’. Highlights included acting for Silver Lake on its first contractual arrangement in Africa, and advising a major contractor on renewing agreements for implementing a mobile portability scheme
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000
Raja Darryl & Loh (RDL) is favoured by many domestic banks and the firm has grown from the customarily retail banking work to include corporate banking and trade financing, adding debt restructuring and securitisation work to the mix whether in conventional or Islamic financing.
At the start of 2014, highly praised aviation finance expert Chong Kok Seng advised Monier Group as borrowers in a €700 million financing transaction. The firm also acted on several other aircraft lease deals in 2013 representing the lessors in matters including aviation, financing and securitisation and cross-border tax issues.
In the capital markets the firm has advised Kanger International in relation to its IPO, which resulted in the company being the first and only foreign corporate to be listed on the ACE Market of Bursa Malaysia Securities in 2013. Partner Tai Chu Wei and his team completed the pre-IPO structuring and the subsequent listing of this Chinese company. Tai is also acting for Kejuruteraan Samudra Timur on its proposed irredeemable convertible secured loan stocks issuance.
On the M&A front, the firm moves up the ranks to Tier 3 as a result of its involvement in the Microsoft Corporation’s acquisition of Nokia deal. Tai Chu Wei and his team advised long-term client Microsoft on the Malaysian law elements.
Listed as Leading Lawyers – Vijey M Krishnan and Tai Chu Wei
ASIALAW PROFILES
Founded in 1964 as a firm originally specialising in banking and finance and conveyancing, Raja, Darryl & Loh has grown into a large practice with notable expertise across a range of areas, including corporate law, disputes, banking, intellectual property and tax.
Head of dispute resolution Darryl SC Goon is recognised as a leading litigator. A registered patent agent, trade mark agent and industrial designs agent, he has expertise in intellectual property and technology and medical negligence matters.
Dispute resolution partner Chang Wei Mun specialises in construction law and is an experienced arbitrator, and has been acting for Malaysian Newsprint Industries on action against American companies in respect of the design and construction of a major newsprint mill.
Chew Phye Keat, who heads the firm’s intellectual property and technology department and its corporate and commercial department, is singled out for client praise. Chew has a “great understanding of the legal landscape to provide adroit advice on my legal needs in Malaysia,” says a client. Chew has also been acting on competition law matters.
Tai Chu Wei has been acting as a an industry coach for the Ministry of Finance’s CradleFund GoIPO Coach and Grow programme for small and medium enterprises and industries. The firm has been advising Chinese companies on potential listings in Malaysia and Hong Kong.
Described by a client as “one of the best firms in Malaysia for aviation finance work,” the firm is one of the few in the country with an aviation law practice. Partner Chong Kok Seng is singled out for praise for his expertise in the area, described as a “knowledgeable, practical” problem-solver.
Taxation expert and corporate partner Vijey Mohana Krishnan is well-recognised for his expertise and praised for his accessibility, with one client saying appreciating him as being “always available for consultation”.
Litigation partner Ravindra Kumar Rengasamy has a practice focused on employment law and insurance. He recently successfully acted for several companies in relation to claims for wrongful dismissal.
CHAMBERS ASIA PACIFIC - 2014 Edition
Dispute Resolution
“What the team is known for a flourishing practice with expertise across corporate and commercial, IT, construction, oil and gas, and power project disputes. It has lately expanded its offering to cover medical malpractice cases.
Strengths (Quotes mainly from clients)
Efficiency: “They are very professional and very responsive, and they know their stuff. They also train their juniors very well and know how to use their resources.”
Work highlights:
- Acting for Sime Darby’s board of directors in third-party proceedings in which the ex-CEO is being sued by the company in relation to a number of issues including losses incurred by its energy and utilities division.
- Successfully represented Petronas sister company MISC in its appeal against an award of more than USD25 million previously made to Scandinavian Bunkering Singapore) concerning the supply of marine fuel oil
Notable practitioners
The “quite outstanding” Darryl Goon is one of the country’s best-known and most respected litigators. He heads the dispute resolution practice and has vast experience in corporate and commercial litigation and arbitration.
Chang Wei Mun has a well-established practice that focuses on construction litigation. He is described by a source as “extremely helpful, very sound, and punchy and aggressive in court where necessary, which brings a good deal of value to the litigation.”
Banking & Finance – Capital Markets
“What the team is known for Has developed a niche in acting for clients headquartered in China on their IPOs in Malaysia. Also frequently advises investment banks and fund managers on equity capital market financing.
Strengths (Quotes mainly from clients)
Commercial awareness: “I love working with them – what I like about them is they have a lot of passion and go above and beyond their role at times and will tell you what you need to consider.”
Work highlights:
- Advised Jiangxi Gangzhou Kanger Enterprise on the proposed flotation of its holding company on the ACE Market of Bursa Malaysia Securities.
- Advised Peking Tongrentang on its proposed listing on the Growth Enterprise Market of the Hong Kong Stock Exchange.
Notable practitioners
Tai Chu Wei is the key contact for this practice.
Corporate / Mergers & Acquisition
“What the team is known for a full-service firm that represents local and international clients in M&A work spanning a wide range of sectors, such as IT, manufacturing, property, aviation and healthcare.
Strengths (Quotes mainly from clients)
Pragmatic advice: “Very hands-on and detailed legal advice, very precise – we got a report that was really customised to our needs.”
Work highlights:
- Acted for Yeo Hiap Seng on its privatisation, valued at MYR213 million, through selective capital reduction and its subsequent delisting.
Notable practitioners
Accomplished up-and-comer Joyce Teh (Teh Yen Yen) is singled out by clients, who say: “She’s really calm and relaxed, and listens to what we are saying; in negotiations she always listens to the other party and takes a step back to fully understand the problem before giving a recommendation.” She focuses on representing foreign entities in their M&A activities in Malaysia”.
Employment & Industrial Relationship
“Ravindra Kumar Rengasamy is an esteemed practitioner and the lead partner of Raja, Darryl & Loh’s employment department. Clients note that “he’s very strong technically, has a sound knowledge of local employment laws and practices, and is always contactable and quick to respond.” He is also recognised as an especially”good and patient negotiator.”
Intellectual Property
“What the team is known for Offers the full range of IP protection and commercialisation services. Has been particularly active of late in respect of infringement actions and competition law matters.
Notable practitioners
Chew Phye Keat heads the IP group and has a broad practice encompassing both IP and competition law. He also assists clients on the corporate and commercial aspects of IP matters, thanks to his strong background in that field”.
Tax
“What the team is known for Traditionally focused on tax advisory work, it has successfully broadened its offering to tax litigation. Works closely alongside the leading accounting firms in Malaysia and receives praise for its strong commercial sense.
Work highlights:
- Represented Latexx Manufacturing in two income tax appeals, relating to its pioneer status tax exemption and the impact of carrying forward losses on tax.
Notable practitioners
Vijey Mohana Krishnan is the leading figure in the tax practice and an esteemed practitioner in the market. A client says: “I find that Vijey is good because he will give us the technical interpretation as well as commercial and business-friendly advice.”
ASIA PACIFIC LEGAL 500 – 2014 Edition
Capital Markets
Focusing on mid-market transactions, Raja, Darryl & Loh has impressive credentials on both the debt and equity side. The firm’s recent highlights include acting as Malaysian counsel on the proposed dual listing of a closed-ended fund on Bursa Malaysia and the Hong Kong Stock Exchange (SEHK). Tai Chu Wei and senior associate Benjamin Kong ‘are both very committed, knowledgeable and focused’;
Corporate and M&A
Raja, Darryl & Loh’s large team is well regarded for its competition law expertise, particularly through practice head Chew Phye Keat, who is regarded as a leading authority in the field. Chong Kok Seng advised Silverlake Axis on its acquisition of Merimen Group; and Tai Chu Wei recently acted for SCC Holdings on a proposed acquisition.
Dispute Resolution
Raja, Darryl & Loh’s ‘excellent’, ten-partner team includes Darryl Goon and Raja Eileen Soraya, who together successfully recently overturned a $24m High Court award against client MISC Berhad. Goon is a highly regarded senior litigator and arbitrator; and Soraya is ‘indefatigable and very well connected’, and has ‘remarkable litigation skills’.
Intellectual Property
Raja, Darryl & Loh’s highly respected team head Chew Phye Keat focuses on commercialisation and management of IP rights – including enforcement programmes and strategic advice – and is assisted by Yvonne Ong. The team is advising a multinational oil and gas company regarding accusations of patent infringement.
IT and Telecoms
Raja, Darryl & Loh’s wide-ranging practice advises clients on issues such as Malaysian cyber-laws, personal data protection, e-commerce and software licensing. Team head Tong Lai Ling’s recent work includes advising a major GLC on the outsourcing of its desktop services to Dell; and Silverlake Group on its service agreement with a domestic bank.
Projects & Energy
Raja, Darryl & Loh attracts praise for its knowledge of EPC and EPCIC contracts. Choon Hon Leng is ‘prompt and assertive’ and the ‘very articulate and knowledgeable’ Chang Wei Mun is recommended for energy-related dispute resolution.
Real Estate and Construction
Chang Wei Mun and senior associate Shirley Hor of Raja, Darryl & Loh attract praise for their expertise in construction disputes. Wong Quan Sean advises on real estate.
Tax
Raja, Darryl & Loh’s team head Vijey Krishnan is representing several clients in tax appeals. On the advisory side, Krishnan has been advising an Australian bank on its investment in a carbon credits-related business via a Labuan SPV.
TAX DIRECTORS HANDBOOK – 2014 Edition
Raja, Darryl & Loh has been recommended in the following jurisdiction:
– Malaysia – Leading tax law firms
Vijey M. Krishnan is a recommended lawyer in The Tax Directors Handbook 2014 editorial.
ASIALAW PROFILES - 2013 Edition
“Raja Darryl & Loh has one of the broadest practices in Malaysia, and is recommended in a wide variety of practice areas. The firm has 18 partners, with many considered leading lights in their respective areas.
Partner Chew Phye Keat heads the firm’s corporate and commercial practice group and its intellectual property and technology group. Until early 2011 his practice focused primarily on intellectual property and technology. Although he now also handles corporate work, he works closely with partner Yvonne Ong, and maintains his practice in intellectual property litigation and general advisory work for international clients.
Following the 2010 enactment of Malaysia’s competition law, Chew focused his practice to advise clients about its ramifications and leads the task force set up by the American Malaysian Chamber of Commerce to work with the government on competition legislation in Malaysia.
Partners Vijey Mohana Krishnan, Chong Kok Seng and Tai Chu Wei handle the lion’s share of the firm’s corporate and transactional work. Krishnan and Chong advised China Stationery regarding its IPO in conjunction with its listing on the Main Market of Bursa Malaysia. At the time of listing, China Stationery was the largest China company listing on Bursa Malaysia to date. Representing the firm’s work for international clients, Tai is acting for NYSE-listed Tyco International as Malaysian law counsel in its plan to split the company into three independent, publicly-traded entities. On the banking front, partners frequently act for international banks and groups of syndicated lenders as Malaysian law counsel in landmark transactions. In the firm’s tax practice, Krishnan frequently represents corporate clients in cases against the Director General of Inland Revenue, but he also handles tax advisory work for prestigious clients such as Western Union.
Leveraging off its strong intellectual property practice, partner Tong Lai Ling leads the firm’s Information and Communications Technology area. Tong frequently advises highlight clients, such as an IT company in Southeast Asia, regarding the supply, design and implementation of a back-end operations solution or an IT system.
The firm has a diverse dispute resolution practice, with partners covering the construction, labour and employment and tax areas, as well as general corporate and commercial litigation. Partner Darryl SC Goon leads the dispute resolution practice and is representing members of the board of directors of Sime Darby in third-party proceedings in which the company is suing its CEO in connection with inter alia matters related to losses incurred by its energy and utilities division. Lim Siew Ming is also acting for prestigious clients such as Maybank in high-profile cases. The firm has an acclaimed construction practice, with partner Chang Wei Mun frequently acting for developers and contractors in high-value arbitrations. Ravindra Kumar specialises in advising high-profile companies such as BDO Consulting, Kelly Services (Malaysia) and Honeywell (China) in both advisory and contentious issues”.
The firm was highly recommended for the following practice areas:
- Banking & Finance
- Capital Markets
- Competition & Antitrust
- Construction & Real Estate
- Corporate/ M & A
- Dispute Resolution
- Energy & Natural Resources
- Intellectual Property
- IT, Telco & Media
- Labour & Employment
- Tax
AsiaLaw Recommended Lawyers are:
- Chang Wei Mun
- Chew Phye Keat
- Chong Kok Seng
- Darryl S C Goon
- Vijey Mohana Krishnan
- Ravindra Kumar Rengasamy
- Lim Siew Ming
- Yvonne Ong
- Tai Chu Wei and
- Tong Lai Ling.
GLOBAL LAW EXPERTS PRACTICE AWARDS - 2013 Edition
Winner of the award for the 2013 Global Law Experts, Practice Area Awards for Mid-Market Capital Markets, Law Firm of the Year in Malaysia.
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000 – 2013 Edition
“Partner Chew Phye Keat leads Raja Darryl & Loh’s corporate and commercial practice, which includes the firm’s strong capital markets area. The firm is primarily involved in the equity capital markets, and this year partners Vijey Mohana Krishnan and Chong Kok Seng were especially active in acting for issuers on IPOs and rights issues on both the Bursa Malaysia and the Catalist of the Singapore Exchange.
Deals
Partners Vijey Mohana Krishnan and Chong Kok Seng represented Dialog Group and AmInvestment Bank in Dialog Group’s renounceable rights issue with free warrants, expected to raise up to RM638 million, which was one of the largest rights issues in 2011. Krishnan and Chong also represented China Stationery in its IPO on the main market of the Bursa Malaysia, representing one of the largest China companies listed on the Bursa Malaysia to date. Chong advised Libra Group on all aspects of Malaysian law in its listing on the Catalist of the Singapore Exchange.”
2013 IFLR 1000 – Capital Markets
“Partner Chew Phye Keat heads the firm’s corporate and commercial practice, which includes the M&A area. However, the key practitioners in the M&A practice are partners Tai Chu Wei, VIjey Mohana Krishnan and Joyce Teh. Tai is especially active, and is advising Tyco International in separating the company into three independent, publicly traded companies on all aspects of Malaysian law.
Deals
In a highlight transaction partner Tai Chu Wei acted for Allied Marine & Equipment Group in its proposed sale to Kencana Petroleum Group. Partner Vijey Mohana Krishnan also represented Mega First Corporation and Maybank Investment Bank in its voluntary take-over offer of all the shares in Rock Chemical Industries, a subsidiary of Mega First Corporation.”
IFLR Recommended Leading Lawyers:
- Vijey M Krishnan (2013) for Mergers & Acquisition
- Tai Chu Wei (2013) for Capital Markets
ASIA PACIFIC LEGAL 500 – 2013 Edition
“Raja, Darryl & Loh’s M&A clients include multinationals as well as numerous domestic companies. Senior partner Chew Phye Keat has been active in competition law matters, and was involved in the consultation process for drafting the Competition Act.”
The Asia Pacific Legal 500 2013 (Corporate And M&A)
“Raja, Darryl & Loh handles a range of contentious matters including cross-border banking, defamation and insolvency disputes. Highly regarded senior partner Darryl Goon is acting for Sime Darby board members in bringing a claim against a former CEO for losses allegedly incurred during their tenure. The ten-partner team is also currently defending Maybank against a RM1.2bn claim, in the widely reported case Bistari Land v Malayan Banking.”
The Asia Pacific Legal 500 2013 (Dispute Resolution)
“Raja, Darryl & Loh is particularly strong in outsourcing and procurement matters, recently advising a multinational on purchasing a RM20m system to replace its previously manual operations. Tong Lai Ling leads the three –lawyer team.”
The Asia Pacific Legal 500 2013 (IT and Telecoms)
“Chew Phye Keat leads a six–lawyer team at Raja, Darryl & Loh, assisted by Yvonne Ong. The firm successfully acted for QAF Ltd at both trial and appeal in a trade mark infringement dispute.”
The Asia Pacific Legal 500 2013 (Intellectual Property)
“Raja, Darryl & Loh’s Chang Wei Mun acts for contractor and developer client in major disputes. On the non–contentious side, the team is advising a developer on a large–scale retirement housing project.”
The Asia Pacific Legal 2013 (Real Estate & Construction)
“Raja, Darryl & Loh’s Vijey Krishnan is currently acting in test cases regarding the Inland Revenue’s interpretation of transfer pricing adjustments. On the non–contentious side, Krishnan has advised various multinationals on the tax implications of Malaysia–related transactions.”
The Asia Pacific Legal 500 2013 (Tax)
CORPORATE INTL GLOBAL AWARDS - 2012 Winner
Winner of the 2012 Corporate INTL Global Award for Mid-Market Capital Markets Law, Firm of the Year in Malaysia.
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000 – 2012 Edition
“Raja Darryl & Loh is commended by clients for its ability to take a business-oriented view on matters: ‘The firm has an understanding of the industry we are in, which helps when ask them for advice on matters.’ Apart from its expertise in capital markets, the firm has also created a considerable niche in the area of funds listings. A notable matter for the firm its representation of Malton in its joint equity and debt security offering. This transaction is expected to raise RM235 million (USD73 million) for the client, and was announced on the Malaysian Stock Exchange.
2012 IFLR 1000 – Capital Markets
“The lawyers at Raja Darryl & Loh are very patient. More often than not, the calls are late at night. If I say I want it immediately, I do get it. They are actually the ones following up,’ says an impressed client … Partner Tai Chu Wei was the lead in the representation of SGX-listed Hotel Royal in its acquisition of the four-star rated Hotel Coronade Kuala Lumpur business from Achijaya Properties.”
2012 IFLR 1000 – Mergers & Acquisitions
IFLR Recommended Leading Lawyers:
- Vijey M Krishnan (2012) for Mergers & Acquisition
- Tai Chu Wei (2012) for Capital Markets
ASIA PACIFIC LEGAL 500 – 2012 Edition
Tai Chu Wei and Joyce Teh recently handled several IPOs and debt security mandates, some of which had cross-border elements.”
The Asia Pacific Legal 500 2012 (Banking & Finance)
“Raja, Darryl & Loh represents clients from a diverse range of sectors such as property, healthcare and IT on domestic and cross-border matters. It advised Biocon Group on setting up a leading biotech centre in Iskandar Development Region and acted for IJM Corporation on purchasing shares in CIDB Inventures. The practice also advises aviation sector clients such as Air Canada and Macquarie Aviation Group on local law issues. Tai Chu Wei and Joyce Teh have been busy representing numerous listed local and international companies on acquisitions and disposals.”
The Asia Pacific Legal 500 2012 (Corporate & M&A)
“Raja, Darryl & Loh’s well-regarded practice head Tong Lai Ling is ‘able to provide solutions or propose amendments when required’. E-commerce, software licensing and outsourcing remain the core areas of focus but the team also advises on data protection issues as well as handling contentious matters. Key clients include Dell, Bursa Malaysia and RHB Bank, while it was also recently appointed to the panel of Digi Telecoms, it recently advised Silverlake Axis on providing a regional banking system for CIMB.”
The Asia Pacific Legal 500 2012 ( IT and Telecoms)
“Raja, Darryl & Loh’s ‘specialist lawyers have in-depth knowledge and understand commercial needs’. The practice advises on rebranding as well as enforcement of rights and dispute resolution. Its roster of leading domestic and multinational clients includes Microsoft, Celcom, Bridgestone and Revlon. Practice head Chew Phye Keat, who focuses on commercial issues, and newly promoted partner Yvonne Ong are recommended.”
The Asia Pacific Legal 500 2012 (Intellectual Property)
“Raja, Darryl & Loh’s broad practice includes defamation and statutory breaches, while it is also well regarded for its ‘in-depth knowledge on insolvency matters’. Recent cases include representing the publishers of The Edge newspaper regarding the PKFZ scandal, and acting for Sime Darby board members in a civil lawsuit against its former CEO. Darryl Goon heads the team in which Ng Sai Yeang handles financial cases, and Mark La Brooy focuses on insolvency and corporate disputes. Consultant Jennifer Cheong and Rajasekaran A Murugaiah are also recommended.”
The Asia Pacific Legal 500 2012 (Dispute Resolution)
INTERNATIONAL FINANCIAL LAW REVIEW (IFLR) 1000 – 2011 Edition
“Raja, Darryl & Loh is one of the leaders in advising small-to mid-cap clients on its pre-IPO restructuring and subsequent listings on alternative capital markets. ‘They are considered pretty much the standard bearers in terms of knowledge and experience in our part of the capital markets with their expertise extending well beyond that,’ says a client. ‘This is of great assistance as and when we need to seek advice in terms of regulatory updates and industry practices, and parallel developments in other parts of the capital markets.’
For example, Tai Chu Wei, a leading practitioner involved in a number of such deals, advised CSF Group as Malaysian counsel to its £28 million listing on the Alternative Investment Market (AIM) on the London Stock Exchange. The transaction was one of the most successful Malaysian listings on AIM ever. Tai also represents a food service distribution client and a stem cell service provider on their proposed listings on the newly rebranded ACE Market on Bursa Malaysia.”
2011 IFLR 1000 – Capital Markets
IFLR 1000 Recommended Leading Lawyers:
- Vijey M Krishnan (2011 & 2012) for Mergers & Acquisition
- Tai Chu Wei (2011 & 2012) for Capital Market