Kim Boreham

• Acting for senior executive in defending injunction application and successfully obtaining dismissal of application for enforcement of a 12 month non-compete covenant.
• Acting for and successfully defending four senior executives in a claim brought by their former employer, alleging breaches of contract and fiduciary duty and seeking enforcement of restrictive covenants: Cantor Fitzgerald Europe & Ors v Boyer & Ors (Unreported, HCA1160/2011, 29 February 2012).
• Acting for two inter-dealer brokers in defending proceedings brought by their former employer for payment in lieu of notice in excess of HK$30 million:  ICAP (Hong Kong) Limited v Elaine Chan and Kwok Chi Leung (Unreported, HCA 636 & 637/2007, 22 December 2010)
• Acting for a senior insurance broker and insurance brokerage firm in defending a claim brought by the broker’s former employer concerning allegations of breach of contract and common law duties.
• Advising a Hong Kong listed entity and its subsidiary in connection with claims against an employee for suspected breaches of fiduciary duty and diversion of business opportunities
• Acting for a Hong Kong company in proceedings commenced against a team of departing employees in which a springboard injunction was successfully obtained: Slik Hong Kong Ltd v Gerald Merlyn Rhoslyn Evans et al (Unreported, HCA 1424/2005, 2 November 2005).
• Acting for individual claimant in proceedings brought against his insurance broker and financial adviser and an insurance company relating to losses arising from investment in a geared investment-linked insurance policy;
• Acting for shareholders of a group of related companies in defending s168A petitions and related litigation commenced in relation to related property-holding and business-operating companies.

Tanner De Witt has acted in several of the leading reported cases in Hong Kong over the last 12 years and are regular speakers to employers, business groups and human resource professionals.

We act for many major employers as well as senior executives and high profile employees in a wide range of industry sectors including banking and finance, insurance, publishing, manufacturing and professional services.

Tanner De Witt has considerable experience advising on Hong Kong employment law and related issues. The types of matters on which we regularly advise include:

• Terminations and entitlements
• Redundancy, retrenchment and separation, including separation agreements
• Claims for constructive dismissal, unreasonable, wrongful or unlawful dismissal (including during pregnancy and in other prohibited circumstances)
• Remuneration and benefits, including incentive schemes and bonus arrangements
• Employment contracts, secondments and handbooks
• Restrictive covenants, enforcement and enforceability
• Injunctive relief (including springboard, anton piller and anti-suit injunctions)
• Labour Tribunal claims
• District and High Court actions involving employment and shareholder issues
• Confidentiality
• Personal data privacy
• Discrimination and harassment issues

Through our experience and knowledge we aim to provide quality, cost-effective and commercial legal advice. Further, through our experience we are also able to offer tactical and common sense guidance on best practice to ensure the best overall result for the client, including issues such as performance management, rewards and restriction structures, exit strategies and mediation.

Tanner De Witt is an established and recommended independent law firm in Hong Kong. Our firm and lawyers, many of whom have international law firm backgrounds, receive top ratings from industry publications such as Chambers and Partners and Legal 500.

Our primary focus is business law in Asia. We provide legal advice and representation in the following areas: Corporate and Commercial; Litigation and Dispute Resolution; Insolvency and Restructuring; Employment; Family and Matrimonial; Banking and Finance; Immigration; Wills and Trusts; Financial Services Regulatory; Hospitality including Liquor Licensing; White Collar Crime and Criminal.

Our clients include public and private companies, multinationals, partnerships and individuals involved in a wide range of activities, both within Hong Kong and internationally. As an established Hong Kong law firm, we operate in many industry sectors. These vary from Hospitality to Aviation; from Banking and Insurance to Fashion; and Real Estate to Private Equity.

Our relationships with law firms in other jurisdictions enable Tanner De Witt to provide legal support in many countries including China. We are a multilingual law firm with many international clients based in Hong Kong and overseas. While we primarily operate in English, our team members speak many Asian and European languages including Cantonese, Dutch, French, German, Hindi, Hokkien, Japanese, Mandarin, Nepalese, Punjabi, Shanghainese, Spanish, Tagalog and Urdu.