Tanner De Witt
17th Floor Tower One, Lippo Centre
89 Queensway, Admiralty
Tel: +852 2573 5000
Fax: +852 2802 3553
Kim Boreham is a partner in the highly regarded employment law department of Tanner De Witt. Kim regularly advises employers and employees on both contentious and non-contentious employment matters including:
- drafting and negotiation of employment contracts and handbooks
- termination disputes and entitlements
- structuring and negotiation of exit packages
- enforcement of post-termination restrictions and confidentiality obligations
- entitlements under bonus and share option schemes
- personal data privacy issues; and
- discrimination claims.
She has represented both plaintiffs and defendants in High Court actions involving enforcement of restrictive covenants and claims for injunctive relief in Hong Kong, including an application for a springboard injunction, discharge of an Anton Piller order and an anti-suit injunction restraining discovery in the US in aid of Hong Kong proceedings.
Kim also has extensive experience advising clients on all aspects of commercial litigation, arbitration and dispute resolution. She advises on a broad range of contentious issues including claims for breach of contract, constructive trust, breach of fiduciary duty, financial mis-selling, professional negligence and shareholder disputes, insurance policy disputes and insolvency related issues.
- 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.
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
- 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.
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.
“Kim Boreham is a highly regarded litigator whose expertise spans claims for unpaid wages, severance payments and wrongful termination, assisting other firms with employment-related due diligence and contract review and policy documentation. One market commentator calls her a “solid, sensible lawyer.“