Shearn Delamore & Co

Malaysia

Analysis

Overview

Shearn Delamore & Co has built an enviable reputation for advising clients in the financial services, energy, real estate and technology sectors. The firm has renowned practice groups with capabilities across a spectrum of specialisms, including banking and finance, corporate advisory and M&A, construction, employment law, intellectual property, competition advisory and tax. Key individuals such as Anand Raj, an expert in competition and tax, Grace Yeoh, a seasoned corporate and M&A practitioner, Rabindra Nathan, a distinguished name in dispute resolution, Karen Abraham, a go-to counsel for contentious and non-contentious IP advice, Sivabalah Nadarajah, a noted figure in the field of employment law, and Ka Im Goh, a prominent figure in tax advisory, exemplify the depth of talent and expertise that Shearn Delamore has built over the years.

Client feedback

"Good knowledge of land acquisition law." – Dispute resolution

"All its employees are friendly, accessible, down-to-earth, and provide intelligible and appropriately contextualised advice. Shearn Delamore is great at keeping us updated and is very flexible in terms of arranging meetings and providing advice to fit with UK timings." – Dispute resolution

"Sound understanding of my company's business and fast turnaround time." – Dispute resolution

"Responsive, tactical, and practical. Reasonable and flexible in fees." – Intellectual property

"They have a team of lawyers that are able to provide a wholesome experience from a range of fields and practices." – Intellectual property

"Deep knowledge of Malaysian commercial courts and of IP law." – Intellectual property

"Approachable and commercial." – Privacy and data protection

"The firm is established and has lawyers who are knowledgeable, competent and experienced in the legal profession. Their quick response in providing the best solutions has helped our group to complete multiple major transactions successfully under their good guidance. We have engaged the firm for corporate and conveyancing work, and we are very satisfied with the services rendered." – Real estate

"Quick in response and has a deep understanding of the law." – Tax

Karen Abraham

"Karen knows the client's needs and has shown good strategy and practicality in her advice."

Anita Balakrishnan

"Datin Anita Balakrishnan of Shearn Delamore is our lawyer handling conveyancing matters. Knowledgeable, competent and experienced in the legal profession, her quick response in providing the best solutions has helped us to complete multiple major transactions successfully under her good guidance."

Wai Fong Lai

"Very friendly, very knowledgeable, understands the client, and provides targeted and intelligible advice. I trust what she says."

Alexius Lee

"He is very knowledgeable and meticulous, which helps the client during complex matters as he is able to pinpoint issues that are often missed by most."

Indran Shanmuganathan

"Excellent court advocate. Innovative thinker."

Timothy Siaw

"Monash University Malaysia has engaged Timothy Siaw to handle our patent applications for a few years now. Timothy is very well versed in all areas relating to IP, including IP laws and IP filing/drafting/examination requirements. He is always ready to provide a very thorough and clear explanation to the queries that we have. Recently, he has also provided commercialisation advice regarding licensing issues. I appreciate Timothy, who provides free consultation when we need professional opinion and advice in licensing of the IP for patents which were filed. The advice provided is detailed and considers the risks and concerns involved for the organisation."

SY (jimmy) Liew

"Excellent litigator."

Janet Toh

"Very approachable, commercial, and responds quickly."

Labour and employment

Work highlights

Successfully defended Malaysia Airlines against a claim by a former employee dismissed for insubordination after refusing to comply with the company's mandatory vaccination policy. The Industrial Court ruled in favour of Malaysia Airlines, emphasising that the policy aligned with the national Covid-19 immunisation programme aimed at public welfare. The court held that individual interests must yield to the greater national interest and concluded that the dismissal was justified. The claim was subsequently dismissed.

Successfully defended MISC against a claim by a former employee challenging his dismissal for poor performance, despite his 32 years of service. The Industrial Court upheld the termination, finding that the employee's frequent grammatical errors were sufficiently serious to warrant dismissal. The court's decision was subsequently challenged by the claimant.

Key clients

Asian International Arbitration Centre, Besi Apac, Measat Broadcast Network Systems

Restructuring and insolvency

Work highlights

Represented TMF Trustees Malaysia, the Sukuk trustee of a RM1.3 billion ($297 million) Sukuk Murabahah, in opposing the issuer's application for a judicial management order. This landmark case in Malaysian insolvency law addressed several unprecedented issues under the Companies Act 2016, including: the status of secured creditors' interests, the interplay between secured creditors' veto rights and public interest exceptions, and the applicability of public interest exceptions to privatised infrastructure projects. The case's outcome has significant implications for privately funded financing and credit provision in the Malaysian economy.

Representing Brunei Shell Petroleum Co in a proposed scheme of arrangement involving Sapura Energy and its 22 wholly owned subsidiaries. This case is significant as it examines the extra-territorial effect of the restraining order granted to the scheme companies. The determination of this issue is crucial, as it could allow parties to enforce their rights under contracts governed by non-Malaysian law if the restraining order is found to lack extra-territorial effect.

Energy

Work highlights

Served as Malaysian counsel for TotalEnergies Holdings, alongside White & Case, in its complex acquisition of SapuraOMV Upstream, a Malaysian natural gas producer. The transaction involved two simultaneous competitive bidding processes: acquiring a 50% controlling stake from OMV Exploration & Production and the remaining 50% from Sapura Upstream Assets, a Sapura Energy subsidiary. Both acquisitions presented challenges due to intricate operational agreements and interpretation issues, with the second further complicated by Sapura Energy's impending restructuring.

Representing Texas Instruments Malaysia in negotiating a pioneering corporate green power agreement with Setia Kawan Energy, a joint venture between Atlantic Blue and TNB Renewables. This agreement falls under the newly launched Corporate Green Power Programme, introduced by the Energy Commission in August 2023. As one of the programme's first virtual power purchase agreements in Malaysia, it presents unique conceptual, technical, and legal challenges compared to conventional power purchase agreements, with no local precedents to draw upon.

Key clients

TotalEnergies