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In this series of podcasts, our Baker McKenzie speakers explore the challenges and risks encountered by businesses amidst the constantly changing legal and regulatory landscape. We share insights around the various legal and compliance issues which will be illustrated with a factual scenario. The series will include topics relating to fraud, insurance, data privacy and adapting appropriate processes.

Episode 5: Adapting data privacy considerations and compliance to prevent fraud

This episode looks at the potential data privacy considerations following a fraudulent transaction. Our speakers also discuss key privacy and data protection laws from common law and PRC perspectives as part of the complex and increasingly important area of compliance. The episode also explores the main exposures of involved parties and the critical steps organizations should take following the incident.

Speakers: Simon Hui, Toby Patten and Vivian Wu

 

Episode 4: Managing disciplinary actions

In this episode, our speakers discuss the internal issues arising from fraud as well as the key considerations when undertaking employee investigations. The speakers also touch on the corresponding disciplinary actions against involved parties.

Speakers: Celeste Ang, Jonathan Isaacs and Roberta Chan

 

Episode 3: Managing communications with authorities

This episode answers key questions around communications with authorities following a fraudulent transaction. Taking into account the civil and common law jurisdictions in Asia Pacific, the speakers talk about who has the legal obligation to report an incident and which regulatory authorities should be contacted.

Speakers: Yoshiaki Muto and Celeste Ang

 

Episode 2: Analyzing prospects for recovery through insurance or from fraudsters

In episode 2 of our Asia Pacific Risk and Crisis Management podcast series, our speakers discuss options and key steps to take once the money has been transferred from the receiving bank’s account. We discuss key elements required for a successful recovery from fraudsters, from a civil and common law perspective. We also take a look at how we can remedy the situation through insurance.

Speakers: Georgie Farrant and Simon Hui

 

Episode 1: Managing communications with the bank

In this episode, our speakers outline the critical steps affected parties need to take following a fraudulent transaction. In particular, we discuss ways of effectively communicating with banks to minimize and contain risk exposures upon discovery of fraud. We explore these topics from a civil law and common law perspective.

Speakers: Celeste Ang, Simon Hui and Stephanie Magnus

Author

Celeste Ang is a principal in Baker McKenzie's Singapore office. Celeste Ang’s practice encompasses corporate litigation and arbitration, both domestic and cross-border. She also has significant experience advising clients on compliance and regulatory issues in the context of investigations, and on a wide range of employment and employment-related issues. Celeste is ranked by Chambers Asia Pacific in the areas of litigation and employment and by Chambers Global in the area of litigation. She is described as "very smart, very innovative - a good example of someone who thinks outside the box" and "very technically competent, very thorough and very responsive" by clients.

Author

Georgie Farrant is a partner in Baker McKenzie's Dispute Resolution Practice Group in Sydney and head of the Firm's Compliance & Investigations team in Australia. She has over 20 years of experience in disputes and compliance matters, including working for a regulator and an in-house compliance team.

Author

Simon Hui is a partner and leads Baker McKenzie’s Dispute Resolution Group in Shanghai. Mr. Hui is ranked among the leading lawyers for dispute resolution/regulatory and compliance in China by Chambers Asia Pacific, Chambers Global and Legal 500 Asia Pacific. He has conducted complex internal investigations for a large number of multinational companies across a range of industries. He is also a skilled investigator and has experience in dealing with PRC government authorities and regulators such as PSB, SAMR, NSB and SPP. He has been interviewed by leading business media, such as the Financial Times, for his work on assisting the SOE in the establishment of compliance system as the country pushes for its SOEs to participate in the Belt & Road Initiatives.

Author

Yoshiaki Muto has more than 25 years' experience handling matters related to international disputes and corporate transactions. He is currently head of the Dispute Resolution Group at the Firm's Tokyo office and a member of the Firm's Asia Pacific Dispute Resolution Group Regional Steering Committee. Yoshiaki is also a member of the Registered Foreign Lawyers & International Legal Practice Committee, chair of the International Legal Service Promotion Centre and a member of the SME Outbound Legal Support Working Group of the Japan Federation of Bar Associations. Yoshiaki has been recommended as a dispute resolution practitioner in Japan by PLC Which Lawyer and Global Counsel 3000, and has been recognized as a leading individual in the dispute resolution and crisis management categories by Asia Pacific Legal 500 and Chambers Asia Pacific.

Author

Roberta Chan is a partner in Baker McKenzie's Hong Kong office and a member of our Dispute Resolution Group.

Author

Jonathan Isaacs heads Baker McKenzie's China Employment Practice. Mr. Isaacs is listed as a leading lawyer for China employment law in various legal publications and has shared insights on labor and employment issues with many publications and media outlets, including The Financial Times, The Wall Street Journal, Washington Post, LA Times, Reuters, The Economist Intelligence Unit, Voice of America, RTHK, LA Times and Fortune Magazine. He has also co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. He is admitted as a lawyer in the state of New York, USA.

Author

Toby Patten is a partner in Baker McKenzie's Technology and Healthcare teams in Melbourne. He joined the Firm in March 2005.