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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

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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.

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The COVID-19 pandemic, which has severely disrupted the normal functioning of many economies, is arguably one of the primary drivers of digital adoption across Southeast Asia and propelled explosive growth in a number of digital sectors, in particular, e-Commerce and financial services (digital payments). Indonesia (as the largest digital economy market in Southeast Asia) and Singapore (as a regional hub for unicorns setting up their headquarters) are two jurisdictions that have seen the majority of investment inflows in H1 2020, according to the e-Conomy SEA 2020 report published by Google, Temasek and Bain.