Philip Kwok - Counsel, LC Lawyers LLP

  • Share

Philip Kwok

Counsel

Philip Kwok is a Counsel of LC Lawyers LLP. His practice focuses on complex commercial litigation and arbitration, regulatory investigations, cybersecurity and data protection, financial technology compliance, electronic data preservation and retention, as well as disputes and regulatory matters for internet and e-commerce businesses.

  • Admission
    • Hong Kong
  • Education
    • University of Hong Kong (LLB)
    • University of Hong Kong (PCLL)
    • Peking University (JM)
  • Principal Area of Practice
    • Dispute Resolution
    • Regulatory Investigations
    • Compliance
    • Cross-Border Enforcement
    • Technology, Data Privacy and Cybersecurity
  • Experience

    Mr Kwok has extensive experience in cross-border complex commercial disputes resolution, regulatory investigations and compliance, and other technology and e-commerce related disputes, compliance and advisory work. Having been practising in the Beijing and Hong Kong offices of international law firms, he is familiar with the disputes environments of Hong Kong, Mainland China and other jurisdictions. He is the first batch graduate from the E-Commerce Law stream of the Juris Master degree of Peking University, when he participated in various research projects on e-commerce regulatory matters commissioned by the China Ministry of Commerce and the National People’s Congress Finance and Economic Committee. He is currently a Member of the InnoTech Committee of the Law Society of Hong Kong, and a Lecturer (Non-Clinical) of the Faculty of Law, the University of Hong Kong, responsible for the China Information Technology Law course for Master of Laws and Juris Doctor students. Mr. Kwok frequently writes, speaks and advises clients on issues relating to blockchain, cybersecurity, privacy and data protection, digital signatures, virtual identity verification, anti-money laundering issues, and other legal issues in relation to the latest technology.

  • Representative Matters

    Commercial disputes resolution

    • Acting for a multinational metal recycling and environmental protection company 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
    • Acting for a substantial Chinese online game developer in arbitration against the purchaser in connection with a contract for the sale and purchase of an online game business valued at approximately US$200 million
    • Acting for a joint venture partner of a substantial global online games joint venture with profit forecast of over RMB4.5 billion in multiple arbitrations, Hong Kong and China court proceedings
    • Acting for a substantial Fortune-500 U.S.-based multinational conglomerate in various enforcement proceedings and local actions in Hong Kong and China in connection with the enforcement of an arbitral award of over US$360 million
    • Acting for the ex-directors of a substantial aluminium manufacturing corporation in liquidation in the defence of claims by the liquidators for negligent and dishonest breach of fiduciary duties, with damages claimed exceeding USD100 million
    • Acting for an international firm of accountants and its partners in the defence to a U.S. securities class action, with aggregate damages claimed exceeding USD75 million
    • Acting for a high net worth individual and various private equity funds in claims against an international firm of a substantial fraud of approx. USD1 billion perpetrated by a partner of the firm
    • Acting for a substantial Mainland-based Hong Kong investment company in a Taiwan land development dispute with a Taiwanese real property developer of approximately USD250 million
    • Advising various clients on mutual legal assistance, service of foreign processes, enforcement of foreign judgments, examination of witnesses for foreign courts, etc. in Hong Kong and Mainland China

    Investigations

    • Acting for a major securities brokerage company in an investigation by the Securities and Futures Commission of Hong Kong relating to novel issues in non-face-to-face client account opening, anti-money laundering and cross-border marketing issues associated with an innovative business model
    • Acting for various executive directors of Hong Kong listed companies in investigations by the Securities and Futures Commission
    • Acting for a substantial international partnership in responding to a search warrant issued by the Hong Kong Police Force in connection with investigations of offences under the Organized and Serious Crimes Ordinance
    • Assisting a substantial multinational pharmaceutical corporation in internal investigations and removal of defamatory and confidential proprietary materials over various Chinese social media platforms
    • Acting for a group of capital management and hedge fund investment companies (managing fund assets of approximately USD150 million) as well as their directors and senior officers in investigations by the Securities and Futures Commission of Hong Kong
    • Acting for a Fortune Global 500 U.S.-based international fast food chain in an internal investigation over potential FCPA violations of its Mainland subsidiaries
    • Acting for a garment manufacturer in the internal investigation of its potential breaches of employment laws by its Bangladesh arm
    • Acting for an ex-public officer in response to an investigation laid by the Independent Commission Against Corruption of Hong Kong
    • Leading the investigation, data processing and document review exercise in various cases

    Internet and E-Commerce Matters

    • Advising a multinational commodities trading company in their cross-border arbitrage trading, cybersecurity, data privacy and retention, as well as VPN licensing issues in the mainland China
    • Advising a global online foreign exchange service on money service operator compliance issues, client identity verification issues and other issues under the Electronic Transactions Ordinance
    • Advising a U.S.-based global provider of online trading services on issues relating to client account opening requirements in Hong Kong
    • Advising a U.S.-based global investment management firm on personal data protection issues and policies surrounding its BYOD (Bring-Your-Own-Device) program
    • Advising a Fortune-100 financial services organisation on personal data protection and direct marketing issues in the operation of its global CRM system
    • Advising a British-founded American multinational online auction platform on its personal data protection policies and terms and conditions of its online auctions consignment agreement
    • Advising an international home automation corporation on internet regulation, data privacy and data security issues in Hong Kong and Mainland China
    • Advising a major insurance company on legal issues pertaining to the operation of an online insurance platform services