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Blossom Hing, a director at Drew & Napier, speaks about a memorable case where she was lead counsel, learned about resilience, and dealt with a dramatic witness fainting, and a client who started a successful company in his 70s.

Can you share a memorable case or project that significantly impacted your career and why it stands out?

My first trial where I acted as lead counsel is particularly memorable. It was not only my first trial but it also allowed me to appear before the Court of Appeal for the first time as lead counsel when the other side appealed. As a trial lawyer, it was immensely satisfying to lead a case from the taking of instructions to inter-locutory applications to trial and then on to appeal, with a positive outcome at every stage.

Second, the trial had plenty of drama as at the end of my cross-examination of a key witness, the witness turned pale and promptly fainted. Emergency medical help came in the form of a flashing ambulance arriving at court to ferry the witness to hospital. Thankfully the wit-ness recovered and the trial resumed after some days.

Most importantly, my first trial had a great impact on my career as it showed me what it means to be resilient. The client was a semi-literate gentleman who came to Singapore from Malaysia in his teens. Through sheer hard work and steely determination, he went from sleeping on a mattress on the floor of a warehouse belonging to his employers to building a company worth more than S$500m. Over the years, he gave shares of his company to his relatives in a bid to look after them. Alas, his company became financially distressed during the Asian financial crisis in the late 1990’s and my client was forced to transfer majority control of his company to relatives who then ousted him from management. For some 20 years, my client quietly endured the indignity of what his relatives did to him while he rebuilt his financial resources. When he was in a position to do so, he hired me to act for him. With a successful outcome from the litigation, my client, who was then in his 70’s, started a new company which has since grown from strength to strength.

This case taught me that resilience is key to ensuring success, not only in court, but also in life. We must never give up and there are always new beginnings.

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The legal industry in Southeast Asia is highly competitive with a great number of talented individuals. ALB speaks with Cavinder Bull, SC, who was ranked as one of the 2024 ALB Top 15 Southeast Asia Litigators. The list features exceptional lawyers from seven different countries, highlighting the impressive talent pool in the region.

What do you enjoy most about being a litigator? What keeps you passionate about your work?

Each case is a puzzle requiring deep analysis and careful thinking. I ﬁnd the intellectual challenge of understanding a legal problem and ﬁnding a practical solution thoroughly engaging. Having said that, the best moments for a litigator are when he is on his feet in Court. The chance to engage with an experienced Judge, to spar with strong opponents and to cross-examine interesting people; these are the best parts of a litigator’s professional life.

In what ways do you actively mentor or educate junior lawyers within your firm to ensure the continuation of high-quality litigation representation for your clients in the future?

I talk as much as I can with my younger colleagues, especially in the context of cases we are working on together. I ﬁnd that the best way to help younger lawyers develop is to involve them as much as possible in each case and to make sure that they walk together with me from the beginning of the case to the end. Each case teaches us so much and involving them in every aspect of the case ensures that they sharpen my thinking even as they learn and grow as lawyers. Giving young litigators opportunities to make arguments in Court or to examine witnesses is also crucial to the development of a young litigator. Those opportunities are hard to come by because clients always want the most senior lawyer to do the advocacy but ﬁnding those opportunities for younger colleagues pays huge dividends in growing the talent we have in Drew & Napier.

What general advice do you give clients about how to handle litigation?

I often tell clients that litigation demands stamina from them. The litigation process can be trying. It demands their time and attention. There are ups and downs in the course of any case and they have to have the stamina to go through that difﬁcult process if they want their legal rights vindicated. This is also why I often encourage clients to mediate before litigating. At least they will know that there was no other way to resolve their prob-lems before they turn to litigation. I also tell them that if they have the requisite stamina, they will ﬁnd us ﬁrmly in their corner throughout.

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This year, Asian Legal Business has spotlighted 15 IP practitioners across Asia who are recognised to have excelled in the increasingly strategic field. Through a solid track record, they have demonstrated themselves as reliable solution providers to their clients, formidable competitors to their peers, and creative pioneers to their followers.

What strategies do you credit for your recognition as one of ALB Asia’s Top 15 Intellectual Property Lawyers?

It is a combination of several strategies, with the foremost being the importance of a stellar team. First, achieving signiﬁcant goals requires a strong team to work with. My middle managers and fellow directors are outstanding in client communication and managing the lawyers in the teams, enabling me as the head of the department to focus on the macro issues rather than micro issues.

Second, be practical and understand the clients’ goals. The clients expect us to think both legally and commercially. I constantly preach common sense to my team. Common sense, unfortunately, is not common, so everyone needs to be reminded.

Third, a wonderful and supportive family is also so essential. My wife and children have always been supportive and understanding. The stability at home helps me focus on my work.

Can you share a notable intellectual property case where your innovative approach led to a favourable outcome?

Injunctions are commonplace for intellectual property cases, and for lay clients, an injunction may signify the end of the business. However, if managed deftly, that may not always be the case. In a recent patent infringement case where we represented the defendants, the High Court partially ruled against them, imposing an injunction against infringing the claimants’ patent. While awaiting the Court of Appeal’s hearing and decision, our clients needed to continue their operations. To ensure compliance with the injunction, I recommended engaging an independent auditor to audit our clients’ operations to ensure non-infringement of the patent. This proactive step, disclosed to the High Court and claimants, allowed our clients to continue operating until the appeal, ultimately resulting in their success as the Court of Appeal revoked the claimant’s patent.

How do you stay updated on industry trends, and how has this commitment influenced your success in intellectual property law?

The latest trend in IP is Generative AI. I have been attending seminars and having discussions with fellow IP lawyers to stay abreast of the evolving landscape surrounding this domain. The law on Generative AI is unsettled, with very few cases reaching courts globally.

Having entered intellectual property law 32 years ago when it was relatively unknown, I feel blessed to be in IP, as it has now become one of the most dynamic ﬁelds in law, intersecting with all realms of technical advancements. Staying informed on trends like Generative AI allows me to guide clients effectively in addressing arising issues.

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Lim Chong Kin, a managing director at Drew & Napier, was named one of ALB Asia's Top TMT Lawyers. He discusses his experience in the TMT sector, including Singapore's Telecom and Media Competition Code 2022.

Please share a recent case or project that you consider a highlight of your TMT practice. What were the challenges you faced and how did you navigate them?

It is difficult to pick one matter, as I have been involved in almost every milestone in Singapore’s transforma-tion into a key info-communications hub since 1997. I had the privilege of acting for regulators in structuring Singapore’s frameworks, and for market participants in deploying infrastructure and rolling out services in Asia. If I must sum up this journey in one word, it would be “phenomenal” in describing the speed of technological development, the roll-out of advanced infrastructure to support innovative services, and the legal challenges that follow suit to address policy and public interest concerns that may arise. Regulations which try too hard to predict and move ahead of technology may stiﬂe innovation, but regulations which lag too far behind may allow issues to arise that harm consumer and even national interests.

Since I must pick one project, it would be Singapore’s Telecom and Media Competition Code 2022. I was involved in formulating the very ﬁrst drafts of their precursors (the Telecom Competition Code in 2000 and the Media Market Conduct Code in 2003), drafting revisions in subsequent years, and up to the present iteration where both were converged into a uniﬁed framework to govern the entire info-communications industry. This Code is a living document that requires constant updating and best describes my journey in this area of practice.

With the rise of international data flows and digital services, how do you foresee the evolving landscape of cross-border regulations and jurisdictional challenges impacting how TMT companies operate and seek legal counsel?

First, huge growth will continue in the cross-border delivery of digital services, which means exponential growth in cross-border data ﬂows. Second, more APAC jurisdictions will adopt data protection and cybersecurity laws, and standard harmonisation will be a challenge as there will always be domestic agendas. Third, evolving geopolitics and the bifurcation between ‘Western’ and ‘Eastern’ models of governance has given rise to country data localisation and other national security requirements that impede cross-border data ﬂows, and this seems to be a continuing trend.

TMT companies operating across regions will thus face challenges in managing data ﬂows and navigating diverged data protection and cybersecurity regulations. It is imperative that counsels have a good grasp of the comparative differences in the regulations, have their ears on the ground to clearly detect nuances that are not apparent on the face of the regulations, and are able to offer practical advice that facilitates rather than impedes the business.

How do you anticipate legal challenges evolving and growing more complex as emerging technologies continue to reshape the TMT sector?

Over the last few years, we have witnessed the emergence of many technologies (from IoT to 5G, to block-chain / Web3, AR/VR, AI / ML, etc) that will doubt-less unleash new legal challenges (AI is often cited as the best example) and regulations will always be playing catch-up to identify and address harms. In my view, regulation should not impede but serve to promote the adoption of emerging technology. If regulation is necessary, it must be strictly proportionate to address any clearly deﬁned harm that may arise from the unbridled exploitation of technology.

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Yvonne Tang, the director of intellectual property practice at Drew & Napier, has been named one of ALB Asia's Top 15 Female Lawyers for 2023. These women are shaping Asia's legal landscape and paving the way for others.

Congratulations on being named one of Asia’s Top 15 Female Lawyers! What are some of the cases or accomplishments that you would like to highlight to our readers?

My most memorable case was one where we successfully acted for a statutory body in a copyright infringement suit. The matter concerned many interesting and unusual points of law. As a junior lawyer then, I was privileged to work on the case from the District Court, up to the High Court and eventually the Court of Appeal. It was an invaluable learning experience, and cemented my love for Intellectual Property law. The matter was named one of the “Landmark Cases of the Year” by a legal publication then.

The most rewarding case was a “David & Goliath” matter, where I acted for an individual in defending a trade mark opposition action brought by a giant fashion house. The odds were stacked against the client. Motivated, to delve even deeper into legal research and the evidence at hand for the client, a successful outcome was achieved. Today, the client’s products are freely available and sold in Singapore.

Considering your recognition accomplishments, how do you advocate for gender equality and empower other women in the legal field?

Although as a society we have come a long way in improving gender equality over the years, it remains a “work-in-progress” item. Recognition (such as an award like this, recognizing the efforts of female lawyers) is an important ﬁrst step in validating an individual’s efforts. In addition to recognition and validation, opportunities are equally, if not more, important to have. With these, women can be empowered and motivated to maximise their potential and achieve so much more in their respective legal ﬁelds.

As a role model for aspiring female lawyers, what advice would you give to those who are looking to excel in the legal profession and make a positive impact in their communities?

The legal profession can be a tough and gruelling one. However, never give up, or lose your passion, or let anyone tell you that, as a woman, you are less capable, or will not succeed. We all encounter positive inﬂuences throughout our lives. As a beneﬁciary myself, I know that a supportive ﬁrm culture and environment makes all the difference to one’s legal career. Whenever the opportunity arises, pay it forward. It always adds up!

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The breadth of legal talent available throughout Southeast Asia is impressive. All this talent is in full display in ALB Southeast Asia’s Top 15 Litigators 2023 ranking, which include entries from seven countries across the region.

Can you share some of your most notable practice highlights from the past year? What were some of the key cases or achievements that stood out for you as a litigator?

We recently secured a US$926 million judgment for a former Prime Minister of Georgia against Credit Suisse Trust for breach of trust leading to losses in an investment portfolio worth over US$1 billion. The case received extensive media coverage worldwide, including Bloomberg, Reuters, CNN and the Wall Street Journal.

I also succeeded in winning US$146 million in damages for Shanghai Electric, a Chinese government-linked energy group, in a SIAC dispute with India’s Reliance Infrastructure over outstanding payments for a coal-ﬁred power plant project. India’s Reliance Infrastructure has now applied to the Singapore International Commercial Court to set aside the SIAC award on the grounds of fraud, and Shanghai Electric has again put their trust in Drew and turned to me and my team to defend the award before the Court.

What guiding principles or strategies do you employ in the courtroom to effectively represent your clients and navigate the intricacies of the legal system?

The ﬁrst step is to understand one’s case fully. This includes both researching the law as well as establishing all the facts of the case. The latter involves digging deep into the documents and also interrogating one’s client to get total clarity on what happened. The process I follow is not simply to take client’s instructions but to actually challenge and test the facts that I am presented with. Having rigorously established the facts, the next step is to advise the client. If they have a strong case, then we can press on to Court. If not, other options like mediation have to be seriously pursued. Should the client’s case be worth pursuing in Court, then we are by then usually in a very good position to litigate since we have really examined all the facts and tested the evidence before commencing litigation. Thereafter, it is just a process of doing everything to get to the truth and display that for the Court to see.

What have been some of the evolving trends and developments in the litigation space in your jurisdiction? How do you stay ahead and ensure success for your clients?

More and more of the work before the Singapore Courts is international in nature. Commerce is never limited by geographical boundaries, and so our clients’ problems come with a distinctly multi-jurisdictional facet. So one has to understand different cultures and different legal systems to be able to be put one’s arms around a corporate or commercial dispute. A deep knowledge of Private International law is critical, and more and more elements of public international law are also important in cases before the Singapore Courts. These are other aspects of modern litigation which lead to an increasing complexity that litigators have to master. The only way to stay ahead in the midst of this ever-increasing complexity is to approach the job with a real desire to keep learning. This includes understanding new businesses (e.g. cryptocurrency exchanges), keeping abreast of changes in the law, and learning about new countries (I learned a lot about mining in Papua New Guinea this year!). Litigators can lead interesting lives if they welcome continuous learning.

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This annual ranking spotlights the top 15 IP lawyers across Asia, who have consistently delivered high-quality IP work and set high standards in the IP space, while earning accolades from their colleagues, superiors, and clients.

Can you talk about your notable IP work in the past year?

I am currently representing IIa Technologies Pte Ltd in a patent infringement and patent invalidation matter before the Singapore Court of Appeal. The matter is now pending the Singapore Court of Appeal’s decision. This matter has garnered a lot of interest as it concerns many aspects of Patent law and laboratory-grown diamond technology which requires an understanding of material sciences, physics, chemistry and mathematics. I am also representing Novartis AG in a patent infringement matter before the Singapore High Court involving medications for heart failure and high blood pressure. I also represented Tanaka Electronics Singapore (Pte) Ltd in a patent infringement matter involving the technology for bonding wires used in semiconductors. The matter involved several Japanese companies and their subsidiaries with cross-border court proceedings in Japan, China and Taiwan besides Singapore. The complex and interesting technologies involved in each of these matters which we have to juggle with the applicable IP laws, keep me and my team excited about the work we do every day. It differentiates IP litigation from other forms of litigation. Some people love it. Some hate it. It is obvious where I lean.

What are some recent IP trends/developments that clients should be mindful of?

There have been so many changes in the IP landscape in Singapore in the last year which have left IP lawyers in Singapore breathless. This is not new as technologies are constantly changing, so must the law to catch up with the changes. If the law does not catch up, it is the users of such technologies who will suffer because of the lacunae.

Together with changes to a number of IP statutes, a “Simpliﬁed Process” was also introduced in our Singapore court for simpler IP matters to be placed on a fast and cheaper track for more expeditious resolutions of such IP matters. The biggest change in 2021/2022 however, has to be to the Copyright Act 2021 which came into force on 21 November 2021. This is a total rewrite and not a “face-lift”. This is the ﬁrst such major amendment since the Copyright Act 1987. The changes in the Copyright Act 2021 are too many to set out but sufﬁce to say that it has fundamentally changed some aspects of copyright law in Singapore.

What attributes do today’s clients look for in their IP lawyers?

Today’s clients still look for the same qualities in their lawyers as they would when I ﬁrst started practice 30 years ago. They want their lawyers to explain their matters to them clearly and to respond to their questions expeditiously. They want their lawyers to ﬁnd solutions for them and to be frank with them when there is none. They want their lawyers to argue their matters fearlessly in court and yet know where the boundaries are. The signiﬁcant differences which today’s clients look for in their IP lawyers are the IP lawyers’ ability to keep up to date with and to understand the latest technologies as well as to understand the ever-changing IP landscape and IP laws and to apply these changes to the clients’ advantage.

The technology sector has become increasingly prominent in the past few years, partly because of the pandemic, and partly due to the emergence of new areas – from AI to fintech to decentralised finance and everything in between. To succeed in this dynamic environment, the best TMT lawyers have had to keep up with rapidly changing business and regulatory trends.

Can you tell us something notable about your work in the past 12 months?

I act for a number of regulators in ASEAN countries and their matters are always most interesting and notable. Unfortunately I am not at liberty to share them unless and until they make the front page news where it goes into the public domain. Even then, I have to be careful about what I can share as client identity as well as matter conﬁdentiality are of utmost importance. Often I could be working day and night holed-up in my study (during Covid-times) and when I ﬁnally re-appear, my family would ask me what I have been doing and all I can do is smile and shrug.

Regulatory work is highly challenging. You have to work under extremely demanding timelines, often imposed because you are assisting the client to grasp control of a situation happening in real-time that could have serious ramiﬁcations on the industry or public impact. Besides needing a sound foundation in the areas of law that would be relevant to the issues you are advising (this is where you need a pool of talented lawyers for research), you must also have a keen sense of logic in helping clients design regulatory solutions that can be implemented in practice to bring about the desired policy outcome.

Variety is the spice of life and I also enjoy very much the technology-related work for our private sector clients. The notable trend we are seeing for the past 12 months is the number of China-based technology companies that are moving in a significant way to Singapore as part of their strategy to internationalise.

Technology has evolved rapidly in the past years. How do you keep up?

First and foremost, working with clients has allowed me to keep up with emerging technologies. At Drew & Napier, we work with many US, EU and China clients who are at the cutting edge of the technology industry. Therefore, it is always exciting to be exposed to new ideas and witness ﬁrst-hand innovations that push the boundaries of current technology and advise these clients on legal and practical issues.

Second, I also work for enlightened regulators in ASEAN, who themselves have a practice of crystal-ball gazing into the future to ascertain the trends of growth and the issues that may arise. They are always trying to stay a step ahead of the curve, although it gets difﬁcult given the fast pace of technological development.

I am fortunate that representing both sides, the regulators and the technology companies, has enabled me to be swept along by them in keeping up with developments.

In addition, I have a very regimental daily practice of reading the news and subscribing to information feeds. I am always on the lookout for reports regarding breakthroughs in technology, current trends in the tech sphere, as well as any developments in legislation that may impact technology.

For younger lawyers looking to specialise in TMT, what would be your advice?

The tried-and-true advice that I have given for many years – doing internships at some of the leading technology companies while you are in law school can be very helpful so that you are exposed to working with dreamers, inventors, and engineers. Cultivate a mind that is curious, fascinated with technology, and dedicated towards ﬁnding out how technology works and how the law can enable technology to work in society.

If young lawyers can do the above, they should be able to connect with their clients successfully, and appreciate the importance of ﬁnding optimal solutions for clients based on their understanding of both the technology and the business case for the technology.

Lim Chong Kin
Managing Director, Corporate & Finance
Head, Telecommunications, Media & Technology
E: chongkin.lim@drewnapier.com

Drew & Napier
10 Collyer Quay, 10th Floor Ocean Financial Centre
Singapore 049315
W: www.drewnapier.com