Seminar  Seminar

First Annual Institute on Corporate & Securities Law in Hong Kong 2013


Why you should attend

PLI has offered the most comprehensive continuing legal education seminars in the United States for more than eighty years, primarily in New York City, San Francisco, Chicago and Washington, D.C.  Based on our success in the U.S., PLI expanded to London and have been offering our Institute on Securities Regulation for more than twelve years.  We are excited about our expansion into Asia and invite you to join us in April.

Our First Annual Institute on Corporate & Securities Law in Hong Kong 2013 will feature a faculty composed of leading legal and business practitioners active in the Asian, U.S. and U.K. corporate and securities law fields, as well as key government regulators, prominent investment bank professionals and distinguished general counsel who will provide timely, practical guidance on the most critical issues facing corporate and securities law practitioners today.  Attend this program to gain clarity and unique insight into current business and legal climates, and receive up-to-the-minute guidance on the latest corporate and securities law developments, including regulatory and enforcement initiatives.  Learn from our experts the best practices for serving your clients and corporations most effectively.

What you will learn

  • Regulatory Overview and Update: A complete analysis of the latest corporate and capital markets regulatory developments in Asia, the U.S. and the U.K.
  • Market Overview: A review of key developments in and important differences among listing regimes; a discussion of the treatment of shareholders across borders; JOBS Act implications for foreign issuers; and issues arising as a result of foreign currency controls. 
  • Private Equity and Hedge Funds: Explore the best options for issuing equity without triggering compliance with takeover regimes; Approaches to taking private and recent activity; PIPEs in the context of Asian markets; Fund formation; and Changes in the regulation of investment advisers under Dodd-Frank. 
  • Debt Markets: Learn about the impact of developments in the U.S. and EU on Asian debt markets; Current trends; and New products. 
  • Mergers & Acquisitions: Examine recent M&A structures and processes in Hong Kong; Outbound M&A by Chinese corporates; Hostile M&A considerations in an Asian context; Spinoffs in compliance with Hong Kong rules; Pitfalls, Competition law and Other red flags. 
  • Capital Markets: Evaluate the new Hong Kong sponsor regime; consider recent new deal activity, including hot issues in various frontier economies; Compare and contrast common practices in India, China, Korea and Singapore.
  • Corporate Governance Issues: Understand the impact of U.S. and U.K. proprietary trading laws on corporate governance; Director liability considerations; best practices or box ticking -  a consideration of U.S. and U.K. developments and their adoption in Asian markets.
  • In-House Counsel Roundtable: Gain inside insight into the issues that keep General Counsel up at night and how in-house counsel are coping with the complexities of global operations.
  • Enforcement Issues Today: Analyze current U.S., U.K. and Hong Kong enforcement efforts including U.K. Bribery Act and FCPA enforcement practices; The impact of OFAC on doing business in Asia; and Insider trading in the U.S., U.K. and Hong Kong.
Special Features
  • All-new PLI program!
  • Keynote addresses by Ashley Alder, Chief Executive Officer, Securities and Futures Commission and David Graham, Chief Regulatory Officer and Head of Listing, Hong Kong Exchanges and Clearing Limited
  • Earn CLE, CPE, CPD - Hong Kong, CPD - United Kingdom, CPD - British Columbia, CPD - Ontario and CPD - Toronto credit, including one full hour of Ethics credit

Who should attend

Day One:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:45 p.m.


9:00  Keynote Address

Speaker: Ashley Alder

9:42  Regulatory Overview and Update

  • U.S. capital markets overview
  • Cross-border activity
  • Reverse mergers and SEC response
  • Hong Kong capital markets and corporate governance issues
  • Initiatives to attract overseas companies
  • Hong Kong liability regime compared to EU and U.S.

Moderator: Edward F. Greene
Speakers: Paul M. Dudek, Charles Grieve, Teresa Ko

10:43  Networking Break

10:55  Market Overview

  • What are investors looking for when investing in Asian markets?
  • Issues Hong Kong companies face when listing in the U.S. and China
  • Challenges U.S. issuers face when listing in Hong Kong and China
  • Differences in listing regimes and treatment of shareholders across borders
  • JOBS Act implications for foreign issuers
  • Equity listings and foreign currency controls

Moderator: James Grandolfo
Speakers: Bonnie Y. Chan, Hon. Roberta S. Karmel, Rupert Mitchell, Tze-Gay Tan, Yingmao Tang

11:58  Private Equity and Hedge Funds

  • Issuing equity without takeovers
  • Taking private: Thresholds and recent activity
  • PIPEs in the context of Asian markets
  • Hedge funds and fund formation
  • Working with Asian investment banks
  • Changes in the regulation of investment advisers under Dodd-Frank

Moderator: Andrew Whan
Speakers: Philip M. J. Culhane, David Poureshagh, Miranda So, Jonathan Z. Zhou

12:58  Networking Luncheon

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Debt Markets

  • Market overview: current trends and new products
  • PRC corporate bond issues: risks and opportunities
  • High yield in Asia - structural issues
  • Capital structures and leveraged finance in Asia

Moderator: Cindy Lo
Speakers: Jason T. Elder, Howard Lam, Alexander E. Lloyd, Joshua M. Zimmerman

2:45  Mergers & Acquisitions: Structure and Process

  • Key drivers for the M&A market in Asia
  • What's the outlook for activity in key markets and industries?
  • Developments and tactics in M&A structures
  • Securities law and listing requirements for M&A in Asia
  • Trends in take private transactions

Moderator: Mark I. Greene
Speakers: Ling Huang, Neil Hyman, Edward King, Mark Uhrynuk

3:45  Networking Break

4:00  Mergers & Acquisitions:  Pitfalls, Competition Law and Other Red Flags

  • Fund formation, side deals, etc.: “Private equity gone bad”
  • Impact of Asian competition laws on merger activity
  • Foreign investment restrictions and industry regulation across borders: China, U.S., EU, Australia and equivalents
  • Recent deal activity

Moderator: Mina Park
Speakers: Mark J. Lehmkuhler, Nicholas Norris, Paul Strecker

5:00  Adjourn

Day Two:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:15 p.m.

9:00  Keynote Address

Speaker: David Graham

9:30  Hong Kong Capital Markets

  • Hong Kong sponsor regime and proposed changes
  • Making secondary listings easier
  • Hong Kong plans for prospectus simplification
  • Making Hong Kong the home for RMB bonds
  • Market disclosure practices “in practice”

Moderator: Stephen Revell
Speakers: Christopher W. Betts, Stephen J. Clark, John D. Moore, Jon Perry, Patricia Sindel

10:30  Asian Capital Markets: India, China, Korea and Singapore

  • Comparison of Asian capital markets common practices
  • Raising capital in India, China, Korea and Singapore
  • New deals in Asian capital markets
  • Convergence: status of accounting standards and practices
  • Hot issues in the frontier economies

Moderator: Sharon Lau
Speakers: Jinduk Han, Jie Lan, Cyril S. Shroff, Walter Son

11:30  Networking Break

11:45  Corporate Governance Issues

  • Impact of U.S. and U.K. proprietary trading laws
  • Liability issues impacting boards of directors
  • Criteria for and role of independent directors
  • Minority shareholder rights
  • Board audit function: supervision and liability

Moderator: Jamie Allen
Speakers: Sandip Bhagat, William Y. Chua, Edith Shih, Samantha Thompson

12:45  Lunch Break

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  In-House Counsel Roundtable

  • What issues keep General Counsel up at night?
  • Risk oversight and legal compliance systems
  • Challenges counseling management and Boards of Directors
  • Dealing with complexities of global operations

Moderator: Amy C. Reich
Speakers: Brett Graham, Joseph P. Longo, Jonathan Pederson

2:45  Enforcement Issues Today

  • Current U.S. enforcement efforts
  • Current Hong Kong enforcement efforts
  • Current U.K. enforcement efforts and U.K. Bribery Act update
  • FCPA enforcement practices
  • Impact of OFAC on doing business in Asia
  • Insider trading:  U.S., U.K. and Hong Kong

Moderator: Kyle Wombolt
Speakers: Gareth Hughes, Michele W. Layne, Mark Steward

3:45  Networking Break

4:00  Ethics:  Hypothetical Scenarios

  • Recent developments, including the work of the 20/20 Commission
  • Resolving conflicts for the global law firm
  • Confidentiality issues
  • Attorney conduct when appearing before regulators

Speakers:  Edward F. Greene, Royce Miller

5:00  Adjourn

Co-Chair(s)
James Grandolfo ~ Allen & Overy
Mina Park ~ Director, Banking and Capital Markets Origination Legal, Asia Pacific, Citi
Stephen Revell ~ Freshfields Bruckhaus Deringer
Moderator(s)
Jamie Allen ~ Secretary General, Asian Corporate Governance Association Ltd
Edward F. Greene ~ Cleary Gottlieb Steen & Hamilton LLP
Mark I. Greene ~ Cravath, Swaine & Moore LLP
Sharon Lau ~ Latham & Watkins LLP
Cindy Lo ~ Allen & Overy LLP
Amy C. Reich ~ General Counsel, Asia Pacific, Citi
Andrew Whan ~ Clifford Chance LLP
Kyle Wombolt ~ Herbert Smith Freehills
Speaker(s)
Ashley Alder ~ Chief Executive Officer, Securities and Futures Commission
Christopher W. Betts ~ Skadden, Arps, Slate, Meagher & Flom
Sandip Bhagat ~ S&R Associates
Bonnie Y. Chan ~ Davis Polk & Wardwell
William Y. Chua ~ Sullivan & Cromwell
Stephen J. Clark ~ Managing Director, Advisory, Global Banking, The Hongkong and Shanghai Banking Corporation Limited
Philip M.J. Culhane ~ Simpson Thacher & Bartlett
Paul M. Dudek ~ Chief, Office of International Corporate Finance, Division of Corporation Finance, U.S. Securities and Exchange Commission
Jason T. Elder ~ Mayer Brown JSM
David Graham ~ Chief Regulatory Officer and Head of Listing, Hong Kong Exchanges and Clearing Limited
Brett Graham ~ General Counsel - Asia Pacific, Morgan Stanley
Charles Grieve ~ Senior Director, Corporate Finance Division, Securities and Futures Commission
Jinduk Han ~ Cleary Gottlieb Steen & Hamilton
Ling Huang ~ Cleary Gottlieb Steen & Hamilton LLP
Gareth Hughes ~ Ashurst
Neil Hyman ~ Slaughter and May
Hon. Roberta S. Karmel ~ Centennial Professor of Law and Co-Director, Dennis J. Block Center for the Study of International Business Law, Brooklyn Law School
Edward King ~ Managing Director, Investment Banking, Barclays Capital Asia Limited
Teresa Ko ~ Freshfields Bruckhaus Deringer
Howard Lam ~ Freshfields Bruckhaus Deringer
Jie Lan ~ Haiwen & Partners
Michele W. Layne ~ Regional Director, Los Angeles Office, Division of Enforcement, U.S. Securities and Exchange Commission
Mark J. Lehmkuhler ~ Davis Polk & Wardwell
Alexander E. Lloyd ~ Sidley Austin
Joseph P. Longo ~ General Counsel, Asia, Deutsche Bank AG
Royce Miller ~ Freshfields Bruckhaus Deringer
Rupert Mitchell ~ Managing Director, Head of Asia Pacific Equity Syndicate, Citigroup
John D. Moore ~ Morrison & Foerster
Nicholas Norris ~ Kirkland & Ellis
Jonathan Pedersen ~ General Counsel, Asia-Pacific, Credit Suisse
Jon Perry ~ Norton Rose LLP
David Poureshagh ~ Head of IBD Legal Asia Pacific, Barclays
Edith Shih ~ Head Group General Counsel & Company Secretary, Hutchison Whampoa Limited
Cyril S. Shroff ~ Amarchand & Mangaldas & Suresh A. Shroff & Co
Patricia Sindel ~ Managing Director, Legal and Compliance, Credit Suisse
Miranda So ~ Davis Polk & Wardwell
Walter Son ~ Allen & Overy
Mark Steward ~ Executive Director, Enforcement, Securities and Futures Commission
Paul Strecker ~ Shearman & Sterling
Tze-Gay Tan ~ Allen & Gledhill LLP
Yingmao Tang ~ Associate Professor, Peking University Law School
Samantha Thompson ~ Linklaters
Mark Uhrynuk ~ Mayer Brown JSM
Jonathan Z. Zhou ~ Fangda Partners
Joshua M. Zimmerman ~ Milbank Tweed Hadley & McCloy
Program Attorney(s)
Danielle T. Bersofsky ~ Program Attorney, Practising Law Institute
Hong Kong Seminar Location
 
Mayer Brown JSM Conference Centre, 18th Floor, Prince's Building, 10 Chater Road, Central, Hong Kong.

Hong Kong Hotel Accommodation

Hotel de EDGE by Rhombus, 94-95 Connaught Road West, Hong Kong. (852) 3559-9906. When calling, please mention Practising Law Institute in order to receive the preferred rate. The cut-off date for this rate is March 17, 2013.

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Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.