Charles Mo

In the employment arena, Charles counsels on both contentious and non-contentious matters including termination, drafting employment and release agreements and employee handbooks, Mandatory Provident Fund Schemes Ordinance (MPFSO) issues, minimum wage, and other statutory considerations.

In the financial regulatory area, Charles regularly represents listed companies and individuals pursuant to investigations conducted by the Hong Kong Stock Exchange, the Securities and Futures Commission, the Independent Commission Against Corruption (ICAC), and the Customs and Excise Department.

Prior to joining Morgan Lewis, Charles was a partner at another global law firm, where he advised the Competition Commission as a panel solicitor.

Court Disputes

• Acting for a shareholder in an intra-family dispute concerning shareholding in a private international conglomerate with disputes in Hong Kong, Luxembourg, Spain, Israel, Russia, Ukraine, and others; successfully defending an attempt at winding up and advising client on options to take control of businesses valued at over US$200m.
• Acting for a Big Four accounting firm and trustee set up to manage the fortune of a prominent family in a trusts dispute with multiple legal proceedings in defending claims of up to HK$450m.
• Acting for liquidators of a distressed private company in a claim against former directors for misfeasance, unfair preference, and misappropriation of funds, and an investigation into misconduct.
• Acting for an investment bank in a dispute over the validity and unwinding of convertible bonds and alleged fraud.
• Acting for an insurance company against more than 100 insurance agents who were defecting to a rival insurer and successfully obtaining injunctions to protect the client’s confidential information.
• Advising a Korean chaebol TV panel manufacturer on a contracts dispute with a Singaporean parts manufacturer and on product recall and upstream indemnity claims assessed at US$16m.
• Advising a listing candidate on legal and equitable ownership of core subsidiary where bona vacantia applied.
• Acting for a listed manufacturer in a shareholders dispute with a minority shareholder of a subsidiary valued at HK$1b.
• Acting for a global online retailer in criminal proceedings for the sale of allegedly counterfeit goods.

Arbitration

• Acting in multiple disputes involving investments in cryptocurrency businesses.
• Acting for a Japanese investment funds company in relation to an investment dispute of CNY1.2 billion stemming from a failed listing on the Hong Kong Stock Exchange, administered by the HKIAC. We successfully argued for a stay of the High Court proceedings launched by the counterparty in favor of arbitration and struck out an injunction application. (Reported Court case: Lin Ming & Anor v Chen Shu Quan & Others, HCA 1900/2011).
• Acting for a UK based energy trader against a Chinese SOE in support of an ad hoc arbitration seated in Paris.
• Acting for a commodities broker in defending an arbitration claim from client for alleged theft and fraudulent trading, administered by the HKIAC.
• Acting for an American hotel developer against its PRC JV partner in an ICC arbitration seated in Hong Kong.
• Acting for an insurance company against indemnified party in dispute over payments in dispute concerning the construction of the Hong Kong International Airport, administered by the HKIAC.
• Acting for a Hong Kong supplier of fine gems against a European insurance company in an ad hoc arbitration seated in Geneva.
• Acting for a Taiwanese conglomerate on a contractual claim for outstanding commission payments of US$7.5 million due from an American energy company, seated in Texas.
• Acting for a global pharmaceutical company in launching arbitration proceedings in the HKIAC against a PRC manufacturer for breach of undertaking in a JV agreement.

Life Sciences

• Advising on antitrust implications of cross-selling and cross-marketing activities (vertical and horizontal).
• Advising on procedures and standards for clinical trials and the national codification of international standards on good clinical practice and the Helsinki Declaration.
• Advising on scope of permissible promotional activities, off-label claims, and advertising for medical and health products.

Financial Regulatory

• Acting for Independent Non-Executive Directors of a listed company in disciplinary proceedings brought by the Stock Exchange of Hong Kong for alleged late issue of profit warning.
• Acting for the controller of a regulated fund in an investigation commenced by the Securities and Futures Commission for alleged market making activities.
• Acting for a family office in an investigation commenced by the Securities and Futures Commission for alleged unlicensed activities.

Employment and Data Privacy

• Charles has advised and regularly advises large number of clients on employment and data privacy issues.