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Heart Of The Matter - A Podcast On Legal Developments From Around The World

  • Regulations for Labour Standards Enforcement in the Philippines: Decoded

    29 APR 2024 · In this episode, we shed light on the pivotal Department Order No. 238-23, a comprehensive directive detailing regulations for enforcing labor standards as outlined in Article 128 of the Labour Code of the Philippines and enhanced by the provisions of Republic Act No. 11058. This order represents a significant step forward in fortifying labor rights and ensuring workplace safety and health standards across the nation. Understanding its nuances is crucial for both employers and employees, as it not only underscores the government's commitment to labor rights but also sets a new benchmark for compliance and protection in the workplace. Join us as we explore the importance of this order and what it means for the future of labor standards in the Philippines. Our Guest Neptali B. Salvanera Mr. Salvanera specializes in labor law litigation, illegal dismissal, unfair labor practice, labor audits, strikes, union organization and representation issues, the labor aspect of mergers and acquisitions, and the planning and implementation of manpower reduction programs. He has also handled cases involving data privacy and data protection in the workplace and has rendered opinions on the matter for several clients. He has argued before the labor courts and all appellate courts including the Court of Appeals. He is extensively involved in the conduct of legal audit on the practices and contracting arrangements of companies. He is a part of a team in the firm that institutionalized the conduct of legal audit.Among his significant cases/projects are: - the merger of two pharmaceutical companies and the consolidation of their operations and employees; and - the implementation of manpower reduction programs in several multinational and local companies. Mr. Salvanera has co-authored several articles on labor, including the Philippine chapters of: - “International Guide on Labor and Employment” (2010), published by Littler Mendelson, LLP; - “International Law Guide on Restrictive Covenants & Trade Secrets in Employment” (2010), published by the American Bar Association; and, - “Doing Business” (various years), published by the World Bank. He is also a contributor to the Asian Mena Magazine, Business World, and Asia Business Law Journal.He speaks on a variety of topics from data privacy, employee discipline, labor relations, and outsourcing. Among her significant speaking engagements are: - Contractualization: Concept and Updates, National HR Summit, 24 April 2018, SMX Convention Centre Manila; - Labor-Related Issues When Investing in the Philippines, 2018 In-House Congress, 19 September 2018, Marina Mandarin, Singapore; - Data Privacy: What Employers Should Know, ALB Summit, April 2017, Marina Mandarin Singapore - Ending the Endo, 13th Philippine Semiconductor and Electronics Convention and Exhibition (PSECE), 15 June 2016, SMX Convention Centre Manila In 2010, Mr. Salvanera was recognized by Key Media as one of the experts in the field of labor and employment in the region.Mr. Salvanera was identified in The Legal 500 Asia Pacific 2021 Editorial as a recommended lawyer in the practice area of Labor and Employment.Mr. Salvanera is a professional lecturer at the De La Salle University, where he teaches courses in Labor Standards, Labor Relations, International Labor Law, and Sales, Agency & Bailments.Mr. Salvanera ranked third among the students of his graduating law class and was admitted to the Philippine Bar in May 1999. He is a member of the Pi Gamma Mu International Honor Society and the Cagayan Chapter of the Integrated Bar of the Philippines. Please visit www.accralaw.com for more information.
    22 min. 46 sec.
  • Why Climate Change Litigation Matters?

    25 APR 2024 · In the battle against climate change, litigation has emerged as a potent tool, compelling governments and corporations to confront their environmental responsibilities head-on. "Why Climate Change Litigation Matters?" explores the rising trend of legal actions being taken to address the urgent crisis of our warming planet.  Our Host Ajay Shamdasani Ajay is a veteran writer, editor and researcher based in Hong Kong. He holds an AB in history and government from Ripon College, JD and MIPCT degrees from the University of New Hampshire Franklin Pierce Law School, and an LLM in financial regulation from the Illinois Institute of Technology’s Chicago-Kent College of Law. His 15-year long career as a financial and legal journalist began as deputy editor of A Plus magazine – the journal of the Hong Kong Institute of Certified Public Accountants. From there, he assumed the helm of Macau Business magazine as its editor-in-chief, and later, joined Asialaw magazine as its deputy editor. More recently, he spent close to seven years as a senior correspondent with Thomson Reuters’ subscription-based trade-wire service Regulatory Intelligence/Compliance Complete (previously called Complinet) in Hong Kong. While there, he covered regulatory developments in that city, as well as Singapore, India and South Korea. Our Guest John B. Quinn John B. Quinn has been named by Bloomberg the “most famous practicing lawyer in the world” at large law firms and described by American Lawyer as a “master strategist.” He was identified as a “Legal Legend” in the 10th Anniversary edition of the Lawdragon: The 500 Leading Lawyers in America.  Some of the victories in Mr. Quinn’s storied career include: winning $176 million as lead trial counsel for Dr. Patrick Soon-Shiong and his companies in an arbitration against Sorrento Therapeutics, Inc. and its CEO Dr. Henry Ji; obtaining a $295 million jury verdict for two former Bertelsmann AG executives against Bertelsmann AG; defending Samsung Electronics Company in Apple Inc.’s “holy war” against the Android smartphone operating system where, after a trial held in Apple’s backyard, the jury awarded less than 5.5% of the amount Apple sought and decided that Apple itself infringed one of Samsung’s counterclaim patents; and obtaining a $2.1 billion settlement for two dozen hedge fund plaintiffs—including Elliott, Davidson-Kempner, Appalloosa, and Angelo Gordon—as holders of Yosemite and Enron Credit-Linked (ECLN) Notes in the Yosemite v. Citibank action in the Enron MDL.
    27 min. 21 sec.
  • Renewable Energy Market In Vietnam

    1 MAR 2024 · Renewable energy is reshaping the global energy landscape, and Vietnam is no exception. With its significant strides in wind and solar power investment, Vietnam is emerging as a compelling case study in the shift towards sustainable energy production. Stakeholders in international energy markets, project financing, or environmental legislation will find the burgeoning Vietnamese renewable energy sector both intriguing and rich with opportunity. This episode looks at the complexities and legal intricacies as Vietnam embraces the winds of change and the sun's bountiful rays. Our Guests Sesto Vecchi Sesto has over 35 years of experience practicing law in Vietnam. His expertise includes corporate and commercial law with particular emphasis on foreign investment. He acts for numerous multinational and mid-size investors, both foreign and Vietnamese. He has written and spoken extensively on Vietnamese legal issues. He is a member of the Council on Foreign Relations, was an arbitrator for the Vietnam International Arbitration Center, and a former active duty lieutenant in the US Navy. Lâm Nguyễn Hoàng Thảo Prior to pursuing a law degree, and for nearly 12 years, Thao worked in the Energy Sector with SCHLUMBERGER, one of the world’s largest upstream oil and gas service companies. Thao completed her Bachelor’s Degree in Law and Practical Legal Training in Australia. Thao has both Vietnamese and Australian citizenship. Thao returned to Vietnam in 2022 and started engaging in the Vietnamese legal market. Thao joined RUSSIN & VECCHI in 2023 and specializes in Energy Matters.
    20 min. 26 sec.
  • The Dreaded Billable Hour

    19 FEB 2024 · In this episode, we explore how law firms can benefit significantly from integrating fixed-fee arrangements into their practice. Whether you're an independent attorney or part of a larger firm, this model promises transparency, predictability, and a renewed focus on efficiency—not to mention the strategic leverage it provides in a competitive market. Our Host Ajay Shamdasani Ajay is a veteran writer, editor and researcher based in Hong Kong. He holds an AB in history and government from Ripon College, JD and MIPCT degrees from the University of New Hampshire Franklin Pierce Law School, and an LLM in financial regulation from the Illinois Institute of Technology’s Chicago-Kent College of Law. His 15-year long career as a financial and legal journalist began as deputy editor of A Plus magazine – the journal of the Hong Kong Institute of Certified Public Accountants. From there, he assumed the helm of Macau Business magazine as its editor-in-chief, and later, joined Asialaw magazine as its deputy editor. More recently, he spent close to seven years as a senior correspondent with Thomson Reuters’ subscription-based trade-wire service Regulatory Intelligence/Compliance Complete (previously called Complinet) in Hong Kong. While there, he covered regulatory developments in that city, as well as Singapore, India and South Korea. Our Guest Kevin Bowers Kevin is a dual-qualified lawyer in England + Wales and Hong Kong and has practiced as a commercial disputes lawyer and partner with three leading independent Hong Kong law firms over the last twenty years. Kevin specialises in commercial, insurance and employment litigation and dispute resolution both in Hong Kong and internationally. He handles complex multi-jurisdictional commercial cases involving debt recovery, sale of goods, trade finance, media law, fraud, shareholder, joint venture, employment, property (including land rights disputes and building management / tenancy issues) and franchise disputes, contentious family/probate/trusts, asset tracing, injunction proceedings, jurisdictional challenges, public inquiries and judicial reviews. Kevin is a Solicitor Advocate in Hong Kong, and an Accredited Mediator with the Hong Kong International Arbitration Centre (HKIAC) and The Law Society of Hong Kong. He has appeared as an expert witness (on Hong Kong corporate law) in the BVI High Court.
    36 min. 21 sec.
  • Long Term Resident Visa In Thailand

    18 FEB 2024 · In this episode, we delve into the crucial information about obtaining the Long-Term Resident Visa in Thailand. From understanding the eligibility criteria to navigating the application process, we aim to equip you with the essential knowledge to turn your plans with Thailand into a reality. Whether you are a retiree seeking tranquility amidst breathtaking landscapes, a digital nomad in pursuit of high-speed internet on stunning shores, or an investor exploring a world of vibrant opportunities, we hope will be able to help you with your research. Our guest. Dhinapa Apaivongse - Senior Investment Promotion Officer - Thailand Board of Investment For more information, please visit https://www.ilct.co.th/
    18 min. 41 sec.
  • Employee Stock Ownership Plans For Multinationals In Vietnam

    20 NOV 2023 · It is essential to foster positive relationships with your local workforce and stay compliant with state regulations. One way to do both is through employee stock ownership plans (ESOPs) – an incentive that can potentially have tremendous benefits for corporations operating within Vietnam. In this episode, we explore ESOPs specifically in the context of Vietnam and explain their advantages in maintaining strong corporate relations while carving out financial gains. Our Guests Sesto Vecchi Sesto has over 35 years of experience practicing law in Vietnam. His expertise includes corporate and commercial law with particular emphasis on foreign investment. He acts for numerous multinational and mid-size investors, both foreign and Vietnamese. He has written and spoken extensively on Vietnamese legal issues. He is a member of the Council on Foreign Relations, was an arbitrator for the Vietnam International Arbitration Center, and a former active duty lieutenant in the US Navy. Dao Hong Diu Diu joined Russin & Vecchi in 2008 upon graduation from law school. Her core areas of practice are corporate and foreign investment. She specializes in foreign based, long-term employee incentive plans sometimes called employee stock option plans ("ESOPs"), offered to employees in Vietnam. She has an interest in the regulation of anti-money laundering as it impacts corporate compliance responsibility in both the financial and non-financial sectors. For more information about labour laws in Vietnam, please visit https://www.russinvecchi.com.vn/
    24 min. 39 sec.
  • A Look Inside Labour & Employment Landscape In Vietnam

    26 SET 2023 · Vietnam is becoming an increasingly attractive proposition for doing business. Not only is it a flourishing and vibrant economy, but the labour force also offers some unique advantages for those wishing to invest in Vietnam's future. For businesses interested in keeping abreast of the latest developments in this dynamic labour and employment landscape, it pays to stay informed as laws and guidelines are ever-evolving in this country. In this podcast, we explore how businesses can navigate through Vietnam's legal landscape while staying compliant with current regulations. Our Guests Sesto Vecchi Sesto has over 35 years of experience practicing law in Vietnam. His expertise includes corporate and commercial law with particular emphasis on foreign investment. He acts for numerous multinational and mid-size investors, both foreign and Vietnamese. He has written and spoken extensively on Vietnamese legal issues. He is a member of the Council on Foreign Relations, was an arbitrator for the Vietnam International Arbitration Center, and a former active duty lieutenant in the US Navy. Dao Thi Ai Ai’s practice focuses almost entirely on employment issues. This includes compensation and benefits, transfer of employment, foreign employees, labor discipline, termination, restructuring and more. The task is always to combine legal knowledge with a commercial awareness to help the client achieve the best outcome. For more information about labour laws in Vietnam, please visit https://www.russinvecchi.com.vn/
    40 min. 5 sec.
  • A Look Inside Decree 13 - Personal Data Protection Obligations In Vietnam

    25 LUG 2023 · Data protection is a hot topic in many countries, and it's especially important for businesses to be aware of current laws when it comes to protecting their customers' information. Nowhere is this truer than in Vietnam, where the recent implementation of Decree 13 has spurred an unprecedented level of regulation related to data collection and storage. This new law intends to protect user privacy while providing guidance on how companies should safely manage data. This episode will provide an overview of the requirements outlined in Decree 13 so that organizations can make educated decisions about what measures they need to take in order to comply with all applicable regulations . Please visit https://russinvecchi.com.vn/ for more information Our Guests Le Ton Viet Viet is a member of the Asia Data Protection & Security Practice Group of Meritas. He has a particular focus on data security, marketing and advertising practices, international data transfer and other privacy and cybersecurity matters. He counsels a broad range of clients on data privacy regulation and breach response. Additionally, he represents clients in various transactions in the field of hotel management, real estate and insurance. Philip Ziter Prior to joining Russin & Vecchi, Philip worked in Vietnam as an attorney at a top tier regional law firm and later with a commercial firm involved in blockchain. Philip advises on corporate and transactional matters, and on financing arrangements. Philip has been legal advisor to a handful of startup companies. He is knowledgeable in the fintech, blockchain, and e-commerce industries in Vietnam, Hong Kong, Singapore, and the US. Philip has also worked with manufacturers, pharmaceutical companies, and many entities in cross-border transactions. He advises on inbound investments involving corporate finance, manufacturing, intellectual property, and mergers and acquisitions.
    30 min. 40 sec.
  • The Popularity Of Third Party In Asia

    18 LUG 2023 · As the legal industry in Asia explodes with commercial growth opportunities, so too does the demand for innovative financing solutions to help lawyers and their clients better manage litigation risk. In particular, one increasingly popular form of alternative finance – litigation funding – has been gaining traction in numerous countries across the continent, as savvy legal professionals are turning to this novel approach to improve their competitive edge. By providing access to capital without adversely affecting a firm’s borrowing capacity or requiring high-interest rates for repayment, this emerging financing trend is allowing lawyers and firms throughout Asia to get involved with more complex cases than ever before. In this blog post we'll explore how litigations funding can be used in Asia and its implications for both law firms and individual practitioners alike. Our Guest Emily Tillett - Vice President - Burford Emily is responsible for leading its investment activity and operations in Hong Kong. A Hong Kong, Australian and New Zealand qualified lawyer, Ms. Tillett has multijurisdictional expertise in complex commercial disputes. Prior to joining Burford, Ms. Tillett was Of Counsel at Allen & Overy in Hong Kong, where she focused on representing clients in litigation, regulatory investigations and arbitration, including contentious insolvency and fraud matters. She began her career with Minter Ellison lawyers and has since advised and acted for corporate and individual clients, including corporations, investment banks, financial services and brokerage firms and professional service providers, on high value, complex disputes in a variety of sectors. Ms. Tillett earned her law degree with first class honours together with her degree in Arts (Psychology) from the University of Otago in New Zealand.
    24 min. 41 sec.
  • Third Party Funding In Asia

    13 GIU 2023 · The world of third-party funding is growing in Asia, and it could have a profound effect on the legal marketplace. Historically undervalued and overlooked, this type of funding can be used to provide lawyers with access to resources that might otherwise be out of reach. With the right approach, funding may be available for matters ranging from small individual disputes to large-scale corporate actions. This episode will explore the ins-and-outs and opportunities presented by Third Party Funding in Asia. Our Guest Emily Tillett - Vice President - Burford Emily is responsible for leading its investment activity and operations in Hong Kong. A Hong Kong, Australian and New Zealand qualified lawyer, Ms. Tillett has multijurisdictional expertise in complex commercial disputes. Prior to joining Burford, Ms. Tillett was Of Counsel at Allen & Overy in Hong Kong, where she focused on representing clients in litigation, regulatory investigations and arbitration, including contentious insolvency and fraud matters. She began her career with Minter Ellison lawyers and has since advised and acted for corporate and individual clients, including corporations, investment banks, financial services and brokerage firms and professional service providers, on high value, complex disputes in a variety of sectors. Ms. Tillett earned her law degree with first class honours together with her degree in Arts (Psychology) from the University of Otago in New Zealand.
    32 min. 48 sec.
Thank you for tuning into The Heart of the Matter, a podcast that covers legal developments from around the world. This podcast is brought to you by Conventus Law.
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