Philip Kwok

philip-kwok

Philip Kwok

Associate

Hong Kong | Dechert, 31/F Jardine House, One Connaught Place, Central, Hong Kong
+852 3518 4728 | +852 3518 4777

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Philip Kwok advises domestic and international corporations, directors and officers on complex commercial dispute resolutions, regulatory investigations and compliance, and internet and e-commerce advisory matters. Mr. Kwok has particular experience handling computer forensics investigations, managing electronic discovery processes and assisting in the preservation of electronic data among other legal issues relating to the latest technology.

Mr. Kwok speaks frequently on various matters regarding technology and e-commerce law. He is currently a part time Lecturer at the University of Hong Kong, where he teaches a course on PRC information technology law.

Prior to joining Dechert, Mr. Kwok served as an associate in the Beijing and Hong Kong offices of another international law firm.

Experience

Commercial disputes resolution

  • A multinational metal recycling and environmental protection company and its Hong Kong listed subsidiary in multiple Hong Kong High Court proceedings involving claims relating to convertible bonds in the principal amount of HK$312.6 million and shareholders’ loans.
  • A substantial global online game developer and operator on potential claims against its joint venture partners for breach of joint venture agreement, conspiracy by unlawful and lawful means, fraudulent misrepresentation, deceit, etc. with aggregate amount at stake exceeding US$10 million.
  • A substantial PRC-based environmental services investment firm on strategies concerning a CIETAC arbitration with various disputes with a French-based foreign joint venture partner over the operation of a sino-foreign equity joint venture in China, with aggregate amount at stake exceeding US$30 million.
  • Ex-directors (as the insured parties under a directors and officers liability insurance policy) of a substantial corporation in liquidation in the defence to claims by the liquidators for negligent and dishonest breach of fiduciary duties, with aggregate damages claimed exceeding US$100 million.
  • An international firm of accountants and its partners (as insured parties under a Professional Indemnity Insurance) in the defence to a U.S. securities class action, with aggregate damages claimed exceeding US$75 million.
  • Various plaintiffs in claims against a partnership in relation to certain fraudulent activities involving approx. US$1 billion perpetrated by a partner of the partnership.
  • A substantial PRC-based Hong Kong corporation in a contractual dispute with a Taiwanese real property developer of approximately US$250 million.
  • A leading European freight forwarder in Hong Kong proceedings and U.S. proceedings for the recovery of monies in a shipping dispute which dragged on for 18 years.
  • A PRC state-owned enterprise in the recovery of substantial outstanding debts due under various loan and security arrangements in Hong Kong High Court proceedings.

Investigations

  • A major securities brokerage company in an investigation by the Securities and Futures Commission of Hong Kong concerning compliance issues with the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, and other related circulars.
  • A director of a substantial investment and financial advisory firm on issues relating to compliance with the Securities and Futures Ordinance and the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission.
  • A group of capital management and hedge fund investment companies as well as their directors and senior officers in an investigation by the Securities and Futures Commission of Hong Kong concerning, inter alia, alleged violations of various sections of the Securities and Futures Ordinance.
  • A Fortune Global 500 U.S.-based international fast food chain in an internal investigation over potential FCPA violations of its PRC subsidiaries.
  • A garment manufacturer in the internal investigation of its potential breaches of employment laws by its Bangladesh arm.
  • An ex-public officer in response to an investigation laid by the Independent Commission Against Corruption of Hong Kong.
  • A number of European corporations in investigations, application for injunctions and actions for recovery of monies concerning money laundering activities involving bank accounts in Hong Kong and Mainland China.

Internet and e-commerce

  • A U.S.-based global provider of online trading services on issues relating to client account opening requirements in Hong Kong.
  • A U.S.-based global investment management firm on personal data protection issues and policies surrounding its BYOD (Bring-Your-Own-Device) program.
  • A British global online luxury goods auction platform on personal data protection and trade descriptions compliance issues for its launch of businesses in Hong Kong.
  • A Fortune-100 financial services organization on personal data protection and direct marketing issues in respect of the operation of its global CRM system.
  • A U.S.-based global online broker of securities and futures on electronic document retention and admissibility of electronic evidence in Hong Kong courts.
  • An international home automation corporation on internet regulation, data privacy and data security issues in Hong Kong and PRC.
  • A major insurance company on legal issues pertaining to the operation of an online insurance platform services in Hong Kong.

Others

  • A major Singapore-based global investment firm in implications of the Hong Kong Competition Ordinance concerning its investments in Wharf T&T Limited.
  • A U.S.-based designer and manufacturer of optoelectronic modules for high-speed communications networks on issues arising from winding up proceedings of its sales representatives and distributors in Hong Kong, rights over certain asset transfer agreements, issues on investigations on former employees, computer forensics and imaging in China, etc.
  • A major American food manufacturer in potential worldwide defamation claims against a supplier of raw materials.
  • A substantial international chemicals manufacturer in the enforceability of exclusive distribution rights under PRC law.
  • A major Italian clothing company in certain consumer disputes in Beijing.
  • A major American bank on issues concerning enforceability of jurisdictional clauses, floating charges and fixed charges and their relevant priorities and limitations under the laws of Hong Kong.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • The University of Hong Kong, Bachelor of Laws, 2005, Second Upper Honour
  • The University of Hong Kong, Postgraduate Certificate in Laws, 2006
  • Peking University, Juris Master, 2016
Admissions
  • Hong Kong
Languages
  • Cantonese
  • Mandarin
  • English
Memberships
  • Technology Committee of the Law Society of Hong Kong
  • Chairman of Legal Affairs Committee, Hong Kong Association of China Business
  • Consultant, Peking University Internet Law and Development Association
  • Member of the Asian Privacy Scholars Network