Michael Phillips has a corporate finance, mergers and acquisitions, hospitality and regulatory compliance practice. He has lived in Hong Kong for over 13 years.

Experience

Mr. Phillips’ experience includes acting for both issuers and investment banks on listings on the Hong Kong Stock Exchange, rights issues, bond issues and commercial paper programs. His practice also includes representing clients investing in or entering the China market, M&A transactions as well as representing clients within the hospitality industry. He also advises listed companies on commercial transactions involving compliance issues with the Hong Kong Listing Rules and is involved in defending both listed companies and directors against whom formal disciplinary proceedings have been initiated by regulatory authorities, including the Hong Kong Stock Exchange.

Mr. Phillips has been a speaker and presenter at a number of seminars on topics related to his areas of practice. He is listed as a “Leading Individual” in the area of Capital Markets in The Asia Pacific Legal 500 (2001/02; 2002/03; 2003/04, 2004/05 and 2005/06 editions).

Representative Engagements

• Represented Asia Television Limited (ATV) - one of Hong Kong's two domestic free television program service providers - and its controlling shareholder on the sale of a controlling stake in ATV to a consortium of purchases, including ABN Amro.
• Represented H&Q Asia Pacific Limited on the sale of its controlling interest in over 60 Starbucks outlets in Beijing and Tianjin, China.
• Representing Banco Delta Asia S.A.R.L. (currently under management control of the Government of the Macau SAR) in connection with its designation by the US Department of Treasury, as an institution of primary money laundering concern.
• Represented a US publicly traded buyout and mezzanine fund, American Capital Strategies Limited, reduce and restructure a US$35 million senior and mezzanine loan. This involved the appointment of receivers and managers over the assets of the borrower in Hong Kong and the BVI.
• Represented hotel operator in connection with the refinancing of hotel owner’s property portfolio in Indonesia.
• Representing international hotel operator on management of hotel project in Macao.
• Represented a Japanese pharmaceutical corporation on its investment in a Mainland Chinese pharmaceutical company.
• Represented, as Hong Kong counsel, ASAT Holdings Limited on its US$150 million bond issue.
• Represented a PRC government window company on various significant bond issues raising in excess of US$650 million.
• Represented a satellite television company on its initial public offering on the Hong Kong Stock Exchange.
• Represented a leading US fund manager on the restructuring and open-ending of two close-end Asian funds.

Publications

• How China's Courts Determine Damages in Patent Infringement Cases  PharmAsia News  05.03.2008
• Understanding How the FCPA Affects Pharma Interests in China  PharmAsia News  03.17.2008
• Lawyers New Gatekeepers of Dirty Money  Asian Legal Business  04.2006
• Anti-Laundering Laws Limitation  Financial Times  03.15.2006
• China Maximize Franchising  Hotels' Investment Outlook  12.2005
• Fast Food's Not so Level Playing Field  Financial Times  07.13.2005
• "The Death of the Def - Trick"  Hong Kong Lawyer  02.2004

Speaking Engagements

• “Anti- Money Laundering and Fraud Prevention Chinese Conference: The Extra-territorial Reach of The USA PATRIOT Act”, LexisNexis, Beijing, November 2006.
• “Doing Business in China - An Overview”, Wits Business School, Hong Kong, November 2006.
• "FCPA, Anti- Money Laundering, OECD Anti-Bribery Convention and Similar Regulations", Asian Legal Business - In-House Congress, Hong Kong, September 2006.
• "Anti-Money Laundering - Case Studies in Asia", Heller Ehrman Seminar, Beijing and Hong Kong, January 2006.
• "Amendments to The Companies Ordinance", Mind theme, Hong Kong, January 2005.
• "Directors' Liability", Hong Kong, September 2004.