Raja Darryl & Loh is regularly engaged by technology start-ups and established companies alike for its specialist expertise in financial technology and digital banking. The firm also has extensive experience advising on various corporate transactions, including aviation finance, mergers and acquisitions, joint ventures and equity capital markets work. With a well-regarded contentious practice, the firm’s dispute resolution team handles a range of complex commercial cases involving antitrust, construction, employment and tax litigation. Key contacts include Phye Keat Chew, an experienced competition lawyer; Choon Hon Leng, a construction disputes specialist; Raja Eileen Soraya and Ravindra Kumar Rengasamy, who regularly advise on employment and tax matters respectively; Vijey Mohana Krishnan, a leading technology lawyer; and Tong Lai Ling, an expert in dispute resolution. Under the leadership of managing partner Phye Keat Chew, the firm aims to deliver solutions tailored to clients’ commercial and strategic needs. The firm’s expertise across corporate transactions, technology, banking and contentious issues enables it to provide holistic and pragmatic advice to businesses operating in a rapidly evolving marketplace. Recent hires include Syed Adam Alhabshi, who joined firm as partner from Shook Lin & Bok in April 2022.
Client feedback
“The team that I am dealing with is flexible, comprehensive and detailed in collating and gathering information, and most importantly has the ability to provide advice and solutions from macro and micro points of view. The firm also has an expert in Islamic finance, which is a bonus point.” – Capital markets
“Despite the many technicalities in the transaction, the firm had a good understanding of the business scheme and was able to advise and alert us on the precautionary aspects.” – Competition/antitrust
“Raja Darryl & Loh is very detail-oriented and has an excellent grasp of legal issues and commercial issues. They are able work within tight deadlines without compromising work quality.” – Construction
“Strong commercial sense and agility in responding to client requests.” – Corporate and M&A
“Clear understanding of the issues from a business standpoint and able to render strategic legal approaches and solutions to the issues.” – Dispute resolution
“Practical and commercially minded advice.” – Labour and employment
“Always available to give advice as and when called upon. We are never left in the lurch.” – Privacy and data protection
“Raja Darryl & Loh has a deep understanding of our business and is always able to draft agreements that protect our interests while minimising risks. Their attention to detail and thoroughness in addressing potential issues has given us peace of mind when working with our customers.” – Private client
“Solution-minded, practical. They understand business operations and offer a personalised service.” – Technology and telecommunications
Syed Adam Alhabshi
“The partner advising me is highly professional, knowledgeable in the area of shariah financing and documentation.”
“Young, innovative, responsive and industrious.”
“He is an expert and has vast experience in Islamic finance. He is very detailed in his analysis and takes into account various angles (from macro and micro points of view) in providing advice and opinions.”
Phye Kiat Chew
“Hands on, knowledgeable, informative and experienced.”
Shirley Ho
“Understands the business and operation of the company well.”
Raja Eileen Soraya
“Responds promptly and the advice is very well informed.”
Yeong Tat (Jed) Tan
“Jed is an extremely capable attorney and is an excellent communicator. He is able to understand both legal and commercial issues and provide clear advice to non-legal personnel.”
“He has consistently provided excellent legal support, and I appreciate his patient and attention to detail and responsiveness to my needs.”
Yen Yen (Joyce) The
“Strong corporate knowledge and client focus.”
Li Vyen Tham
“Responsive with practical solutions.”
Lai Ling Tong
“Practical, commercially focused, customer service-oriented and a technology expert.”
Yvonne Wong
“Creative and commercially minded.”
Work highlights
Represented a manufacturer in an appeal to the Special Commissioners of Income Tax, challenging the right of the Inland Revenue Board (IRB) to depart from an advance ruling previously issued that confirmed a sum received as compensation for sale of intangible assets is not taxable. The IRB has agreed not to tax the sum received as compensation for sale of intangible assets with the result that the Notice of Additional Assessment raised is fully discharged, which resulted in the firm’s client not being burdened with the liability for the huge sum of RM145 million.
Work highlights
Successfully defended a company against an unfair dismissal claim filed by its employee. This case emphasises the importance of an employee providing a response to a show cause letter and attending domestic inquiry. Employers have a right to take appropriate action against employees who engage in serious misconduct, and employees are entitled to due process before any termination.
Defending a company in a claim for constructive dismissal arising from the decision to implement cost-cutting measures due to the Covid-19 pandemic. If the Industrial Court dismisses the claimant's claim, this will affirm that an employer’s obligation to pay employees is subject to exceptions in extenuating circumstances. Measures implemented in a non-selective way during unprecedented times – such as a pandemic – with the aim of remaining viable and keeping jobs amount to sufficient grounds for an employer to depart from the general principle of paying salaries.
Work highlights
Representing an IT solutions provider in suing another company for copyright infringement of the client’s computer programs. This case represents a successful enforcement of the copyright in computer programs. The client’s securing of a permanent injunction against infringement and a mandatory court order to remove the infringing web application were important in preserving the copyright and commercial value of their genuine computer programs.
Representing a publicly listed pharmaceuticals company in the enforcement of its trademark rights in respect of a multivitamin product. If the parties are able to arrive at an amicable resolution, the client will be able to achieve the desired objective of preserving the integrity of its brand name and product get-up without having to resort to litigation.
Work highlights
Successfully acted for a bank and resisted an appeal at the Federal Court by a judgment debtor who had appealed on a point of law under the Bankruptcy Rules 1969. This case is significant, as it confirms that the consolidation of accounts by the bank was only an accounting exercise, which the bank was fully entitled to do. The consolidation does not create a charge or security over the debt owed by the judgment debtor in his capacity as a guarantor to other credit facilities.
Succeeded at the Court of Appeal in overturning a contempt of court order against the firm’s client, who is doctor and TV personality that published comments on social media in relation to the decision in a defamation civil suit in the High Court. The Court of Appeal unanimously allowed the firm’s appeal, ruling that the client’s social media remarks constituted legitimate fair comment based on honest belief, absent malice. Crucially, the court upheld the conventional right of the public to criticise the judiciary in good faith, provided comments are not scandalous nor risk undermining the administration of justice.
Key clients
Coutts & Co
Work highlights
Advising Singapore-based CapitaLand Group in the disposal of properties in Queensbay Mall for RM990.5 million ($213 million) to real estate investment trust (REIT) CapitaLand Malaysia Trust. Based on the deal value, this deal was one of the biggest real estate transactions in the Malaysian market in 2022. The purpose of the acquisition was for the REIT to expand its portfolio of shopping malls and enhance its presence in Penang.
Acted as Malaysian counsel to Intrepid E-Commerce in respect of the sale of its company for $250 million. Intrepid is a Singapore-based e-commerce company, with operations in several countries in south-east Asia, that was recently acquired by a UK company, Ascential. The acquisition of Intrepid by a global data and analytics firm such as Ascential has significant impact on the technology market. It is likely to strengthen Ascential’s presence in south-east Asia and serve as a gateway into the region for the firm’s clients.
Key clients
Adidas, Ikhasas Sawit, Railsbank Technology, The Channel Company
Work highlights
Advised a telecommunications company on its equity participation in Digital Nasional (DNB). This was one of the most significant deals in the Malaysian telecommunications sector last year, as it involved the roll-out of 5G networks. Though the arrangement was initiated by the government, the industry participants still needed to proceed with caution when collaborating, especially as they are competitors in the market, so as not to be seen as engaging in any cartel activities, which are strictly prohibited under competition law.
Work highlights
Acted as Malaysian counsel to HSBC Bank Canada in respect of the amendment of the Second Amended and Restated Credit Agreement relating to prior banking facilities of $120 million granted to a Canadian public corporation by HSBC Bank Canada. The Canadian public corporation secured the facilities to refinance certain existing debt and to fund other general corporate needs.
Advised Carlyle Aviation Management on the securitization of a portfolio of aircraft, which included a total of eight aircraft leased to two international airlines in Malaysia. The arranger for the securitization was Goldman Sachs, and the debt being issued was rated by Fitch and Kroll. The securitization was necessary in relation to the issuance of the debt instruments. The credit ratings were based in part on the firm’s advice from a local law perspective, assessing the validity and enforceability of the security documents underpinning the transaction.
Key clients
Bursa Malaysia
Work highlights
Advising Mass Rapid Transit Corporation (MRT Corp) on the construction of the new MRT 3 Circle Line. The new line is a proposed 13th rail transit line, the 4th subway line and the 5th fully automated and driverless rail system in the Klang Valley area of Malaysia. Once completed, this line will form the loop line of the Klang Valley Integrated Transit System. Proposed to serve some densely populated areas, this project has great significance for the residents.
Advising government-owned client Prasarana Malaysia on the upgrading of the Automatic Train Control (ATC) system of the Kelana Jaya Light Rail Transit line. The Kelana Jaya LRT line is one of Malaysia’s busiest rail routes. A fully functioning ATC system is essential to ensure the smooth daily operation of this line. Upon the completion of the ATC system upgrade, commuters will benefit from improved safety, reliability and efficiency of service.
Key clients
Dhaya Maju Infrastructure (Asia), HQC Engineering (Malaysia), RTS Operations, Turnpike Synergy
Work highlights
Advised a global telecommunications services and equipment supplier in respect of its strategic global arrangement with a giant telecommunications service provider group. The arrangement allows the companies’ subsidiaries to enter into agreements with each other. It sets out specific terms and controls for monitoring these subsidiary agreements. The arrangement is expected to foster a long-term global relationship between the companies.
Acted for an information and communications technology (ICT) service provider in an arbitration arising from a contract against the Malaysian Communications & Multimedia Commission. The arbitration was the first arbitration in Malaysia involving allegations by the Malaysian Communications & Multimedia Commission, a statutory body, of a nationwide data leak of personal information of millions of end-users of mobile communication devices.
