Overview

Our TMT practice spans the spectrum of telecommunications and multimedia, information technology and e-commerce sectors along with competition law, data protection and cybersecurity matters through our strategic alliance with SK Chambers, a leading competition legal practice, representing a host of clients, from major telecommunications companies to infrastructure service providers as well as venture capital funds, private equity investors and corporations, both foreign and local, who are involved in the technology and e-commerce space.

In the technology space in particular, we have also equipped ourselves with a broad knowledge of laws, regulations, technology, business models and market standards required to advise on the legal, commercial and regulatory compliance implications of digital fintech services, digital insurance, information and communication technology (ICT), blockchain and nonfungible tokens (NFTs). Our work in this area is diverse and our team has advised on proposed initial coin offerings, the issuance of cryptographic tokens to Malaysian persons, the laws and regulations in relation to the provision of digital asset wallet/custodian services and advising various local and foreign financial service providers on data protection laws and regulations.

Strength & Depth

Our key understanding of the telecommunications and multimedia industry coupled with our technical prowess allows us to render valuable, timely and sharp advice. The track record of the team as well as the strength and depth of our telecommunications practice is robustly built through our involvement in this multi-faceted discipline including fixed and mobile solutions, telecommunications infrastructure services as well as various operational aspects crucial to the overall workings of the business, advising on dealings between network operators and virtual network operators, on spectrum, regulatory and licensing matters.

With respect to the technology and e-commerce matters, we have advised on many forms of technology centric transactions including procurement, development and commercialisation and deployment matters and its various related segments such as e-commerce platforms, mobile commerce, supply chain and inventory management systems and data collection systems. We have configured our practice approach to focus on the development and launch of new products and services, the use of technology, the management of risk, strategic partnering and outsourcing arrangements, critical third-party relationships such as financial institution partnership and compliance and governance with applicable laws.

As the TMT sectors are amongst the most fluid and relentlessly competitive, we have the right balance of expertise, experience and industry knowledge to support our clients in analysing and navigating each complex challenge as well as mould their opportunities to enable them to be constantly ahead of the curve.

Our Market Recognition:

We are privileged and grateful for our achievements to be acknowledged and recognised as follows:

• Winner, Technology, Media and Telecommunications Deal of the Year at the Asian Legal Business Malaysia Law Awards 2018;
• Most Innovative Malaysia Law Firm – IFLR Asia Pacific Law Awards 2020.

Our Deal Experience:

Our experience includes the following significant transactions:

Telecommunications & Multimedia

• Advising on a collaboration involving three major telecommunications operators in Malaysia on the sharing of network facilities including deployment and operationalisation of fibre infrastructure.
• Advising on the spectrum allocation, spectrum assignment and apparatus assignment regime in Malaysia, including allocation and transfer of spectrum bands.
• Advising a leading tele-communications network provider in Malaysia on high-speed broadband services with a multi-layer arrangement structure, a pioneering and ground-breaking first in terms of the services procured and provided.
• Advising on various aspects of the telecommunications sector, including on interconnect and access agreements with the other telecommunications operators in Malaysia.
• Advising a market-leading telecommunications operator on its 2G and 3G RAN share arrangements and with respect to arrangements related to the disengagement of 3G RAN share and other interim and transitional arrangements including documenting such arrangements.
• Advising a large telecommunications operator (in its capacity as mobile network operator) for its network sharing and collaboration with respect to the 2600MHz spectrum.
• Advising a major telecommunications operator on the provision of mobile telecommunications services traffic capacity on a wholesale basis (in its capacity as mobile virtual network operator).
• Advising on various aspects of the communications network system and the procurement and maintenance of network infrastructure including contractual framework in respect of 2G, 3G, 4G (LTE) and 5G procurement with equipment and network vendors and in the of the key area of vendor financing and other financing arrangements.
• Advising a Chinese company involved in the manufacture, distribution and provision of technical services of communication products in its collaboration with a local player as a service provider for the development of 5G telecommunications network and infrastructure in Malaysia.
• Advising a leading tele-communications network provider on the purchase of a cellular network previously operated by a leading fixed line telecommunications provider and all arrangements entered into to facilitate the purchase.
• Advising on a joint venture between a large energy industry player and financial investor for investment in businesses engaged in the provision of telecommunications infrastructure solutions.
• Advising on the agreement for the development and management of Esukan.gg (a National Esports Tournament platform).

Technology

• Advising an oil & gas company on its venture capital fund to make direct investments in technology startups in Industrial Revolution 4.0 in the renewable energy, advance materials, chemicals and alternative energy space.
• Advising a major convenience-store chain master franchisee in the entire suite of its operational expansion, including the establishment of its digital applications and e-commerce platform, arrangements with technological solutions providers for warehouse inventory and order-fulfilment hardware, middleware and software systems as well as with the back-end delivery fulfilment partners.
• Advising a multinational computer software corporation on the conduct of e-commerce in Malaysia, including in respect of the licensing and regulatory regime.
• Advising an international pharmaceutical and drug warehousing and fulfilment entities on the possibility of e-prescription under the Malaysian regulatory framework and also the ability for e-fulfilment of prescribed medication to patients.
• Advising cosmetic and beauty products entities on the conduct of e-commerce operations in Malaysia.
• Working alongside various renowned global private equity investors on their investments in digital solutions service providers in Malaysia.
• Advising a digital bank joint venture, and a consortium of Malaysian investors on their successful application of a full digital banking licence in Malaysia – the digital bank to be established by the Malaysia digital bank consortium is expected to enable local micro-SMEs and other financially underserved segments such as gig economy workers to access a wide range of digital financial services.
• Advising a licensed insurer on its commercial arrangement and collaboration with a healthcare provider for the offering of remote healthcare services on a digital platform.
• Acting for an e-payment service provider in relation to a contract involving the design, delivery, installation, commissioning and maintenance of backend e-payment system.
• Legally & strategically advised a corporate client regarding smart contracts and its successful registration as a Recognised Market Operator (RMO) to establish & operate a Digital Asset Exchange (DAX) as well as regarding Initial Exchange Offerings (IEO).
• Legally & strategically advised companies involved in e-wallets & other e-payment systems.
• Legally & strategically advised a robo-advisor in finance regarding setting up business in Malaysia.