Our Practice Area

Our Practice Area

Litigation and Dispute Resolution

Dispute Resolution is the process of settling disputes between parties involved. Litigation is method of dispute resolution which involves lawsuits. At Tiong & Woon, we consider this particular area as a major portion of our bread and butter. Our partners have vast experience in providing representation to high-end corporate and individual clients in cases such as:

- Dispute resolution forums (courts, mediation and arbitration);
- Providing pre-dispute advice;
- Strategic planning and negotiations;
- Business litigation in areas of contract, trade secrets, intellectual property, construction, securities, bankruptcy and business tort;
- Corporate applications such as schemes of arrangement under section 1 76 of Companies Act 1965;
- Capital reduction under section 64 of the Companies Act;
- Defamation suits against high-end personnel and politician;
- Committal proceedings;
- All other aspects of legal representation in contentious matters

The distinguishing characteristic of this division is its focus on contentious litigation, particularly in the areas of defamation, shareholder disputes and minority actions.

With our extensive experience among our principals, Tiong & Woon is constantly sought after to advise, strategise and negotiate in all matters revolving around corporate disputes and boardroom tussles and general business disputes. The firm’s approach involves a thorough analysis of the cases at their inception, in order to consider all the necessary relevant information in play and to highlight the client’s choices, risks and rewards of alternative legal action with a high level of accuracy and a higher probability of a positive outcome for our clients. We do not leave any stone unturned, and we ensure all that is necessary is being done for a case.

Tiong & Woon works closely with our clients to develop strong case plans and strategies that make sense to the clients. Understanding and responding to the business needs of our clients in an ever-changing business landscape locally and globally, we enjoy long-term mutually beneficial relationships with them.

Banking & Conveyancing: What we are good at?

Banking and Conveyancing deals with all aspects of banking and real estate services that is currently available in Malaysia. It mainly deals with all types of available loan, debenture and charge, sales and purchase transaction, mixed developments, leases and tenancies.

Property Law

Property Law is distinguished where it handles the relationships between and among members of society with a tangible item, such as land or property in this case. Property law is covers the principles, policies and rules by which property transactions can be structured.

We at Tiong & Woon have extensive experience coverage in this particular area, advising and dealing with financial institutions as well as high profile borrowers and we have an impressive list of clients that consist some of the top-tier financial institutions in the ASEAN region.

Our experience also encompasses practice area of real property law and its range of services which covers residential, commercial and industrial based properties. We have been involved in:
- Acquisition
- Sales through courts and land offices
- Development
- Leasing & financing of real estate

Most of our clientele consist of property developers, institutional lenders, commercial landlords, corporations, local and foreign individual clients.

Some of the project that are handled by us are as follows:
- Edusphere, Cyberjaya, 24-acre mixed development;
- Edusentral @ Setia Alam, 1 2-acre land encompass an international school and its supporting amenities, including commercial units and condominiums;
- Akasia Apartment;
- Lanai Residences @ Bukit Jalil;
- Tropicana Aman Phase 1 ,2 & 3;
- Tropicana Gardens;
- Tropicana Heights Phase 2 & 3;
- Tropicana Metropark

We have also provided a full range of services including negotiating, drafting of documents and advising in areas relating to:
- Commercial banking which includes banking facilities, home loans (both conventional and Islamic):
- Corporate loans and all types of financing transactions and associated banking facilities;
- Structuring real estate transaction advising clients on all aspects of properties transaction, financial restructuring and preparation of related documents;

Intellectual Property and Information Technology Legal Practice Area

A new area of law relative to order areas of law, established and expanded side by side with the development of technology and global communication. With more avenues to run a business as well as new forms of products and services that is now offered, it is always a challenge in managing cases under this area as the law is always expanded and improved in order to accommodate new developments in this particular field.

The firm has extensive experience in this division, comprising of all aspects of intellectual property (IP) and information technology (IT) rights protection.

This includes contentious and non-contentious matters in the areas of trademarks, copyrights, patents, industrial designs, utility model, domain names and other areas of IP and IT.

Our leading partner, Mr. Dato Angus Tiong has numerous experience of successfully assisting clients, ranging from local public listed companies to foreign multi-national corporations in obtaining criminal and civil sanction to combat infringement, counterfeiting and piracy, in order to protect their business interests.

This division consists of qualified trademark agents that are active in international and local organisations involved in the protection of IP and IT. The services provided by this division include the following:

- Providing advice on IP and IT protection and enforcement issues;
- Prosecution of patent, trademark, and copyright application
- Handling of opposition, expungement or cancellation proceedings;
- Recording of assignments;
- Prosecution of infringement suits in courts including obtaining injunctions, summary judgements and obtaining trade description orders from court;
- Enforcement of IP rights including filing complaints on infringing activities with the government authorities and participating in raid conducted by them;
- All aspects of the acquisition and exploitation of IP and IT rights including negotiating and drafting licensing agreements, franchise agreements, technology transfer agreements, IT consultancy agreements, software management and maintenance agreements and end user agreements;
- Conducting IP due diligence audits for mergers and acquisitions.
Corporate and Commercial Legal Service

This core area encompasses a wide range of commercial based activities. Commercial law is the law pertaining the law of buying and selling for both tangible and intangible goods and to ensure that the law is observed, and every agreed term are fulfilled by both parties. Any future dispute concerning commercial transactions are also observed under this area.

Corporate law involves with the creation and maintenance of corporations and the corresponding corporate structures, which includes the buying and selling of shares and assets, as well as handling the tax element of the transactions involved.

Tiong & Woon has extensive experience in this area amongst the principals and has been part of local and international dealings throughout their career. Our upcoming lawyers in our firm are also actively in providing a fresh new perspective in dealing with cases in this particular area. They are able to use their culminated experience to help clients deal with all types of cases that falls under this category and help clients avoid unforeseen pitfalls when dealing with corporate and commercial laws.

Our diverse experience in this area of law mainly includes:

- Corporate advisory work; Legal due diligence review;
- Advising, drafting and negotiating of transaction documents for commercial transactions such as acquisitions or divestitures of shares or business and joint ventures. These transactions are usually in the form of documents such as:
o Memorandums of understanding
o Confidentiality and non-disclosure agreements
o Share subscription agreements
o Share sale agreements
o Put and call options
o Shareholders’ agreements
o Sale and purchase agreement for sale of business or assets
- Drafting and review of commercial agreements and ensuing documents. These documents are usually executed in the form of: o Agency agreements
o Distribution agreements
o Resellers agreements
o Debt assignment agreements
o Deeds of novation
o Settlement agreements
o Employment contracts employee handbooks
o Service contracts
o Supply agreements
- Escrow and stakeholders arrangements
Industrial Relations & Employment Legal service

One of Tiong & Woon’s core service area encompasses matters related to the Industrial Relations & Employment legal services. We believe that this area is a very delicate area of law that we cover, as it involves the intricacy of Malaysian Labour Law and the nature of every case which usually is unique on its own, and we have the privilege to service both parties, which in this particular area of the law most commonly involves employers and employees respectively where we represent our client’s best interests in mind. Our principals also have appeared regularly at the Industrial and Labour Court to represent our clients, aside from routine advisory work.

The Industrial Relations & Employment Law heavily revolves around 4 main Acts that is used in Malaysia which are:

- Trade Unions Act 1959
- Employment Act 1955
- Industrial Relations 1967
- Industrial Relations (Industrial Court Fees) Regulations 2016

Using these Acts as a guideline, Tiong & Woon is capable of representing clients in both local and foreign entities that have established a business entity in Malaysia, and with our available in-house experience we guarantee that we have our clients covered in all angles. We provide excellent consulting to companies that are newly established and require a comprehensive plan in drafting and executing the employment element of their business, in accordance to the law. Some of the cases that we have undertaken in this particular area are as follows:

• Industrial Court or Labour Court Representation
• Reviewing and drafting employment contract & employee benefits
• Dispute settlement between employers and employees
• Unfair termination, constructive dismissal, wrongful dismissal
• Drafting of contracts for Independent Freelances/Contractors
• Compiling employee handbook & establishing human resource policy
• Forming the basis of an effective performance plans
• Reevaluation of existing HR policies in order to ensure full compliance with local legislation (Malaysia or otherwise)
Family Matters and Probate Matters Legal service

We at Tiong & Woon provided wide range of services on family matters. When it comes to family matters, it should be handled with a delicate touch as all parties involved in this process will be affected greatly no matter the outcome. Our principals approach every case in this area with the highest professionalism and care, understanding that the whole process will be emotionally straining for our clients. With the intention of mitigating instead of litigating as our primary focus, we provide reasonable and practical solutions to our clients, in the best interest of the family especially when children are involved. We look to resolve family matters as smoothly as we can and prioritizing the family’s well being post case.

Tiong & Woon provides services such as:

- Divorce
- Judicial Separation
- Adoption
- Annulment Proceedings
- Maintenance for Spouse and Children
- Division of Matrimonial Property
- Custody Disputes
- Settlement Agreements

We understand the delicate nature of such proceedings and will strive to provide the best solution to all parties.

Probate Matters

Probate is the judicial process where a will made by deceased is enforced through an appointment of an agent, commonly referred to as executors or trustees, to follow instructions stated in the will. Problems will arise when there is a disagreement among the beneficiaries of the will or there are discrepancies in the will. We aim to provide services that is bound with the law that governs this particular area, and to ensure our client’s will is taken care of Some of the services that Tiong & Woon offer to our clients in this particular are:

- Drafting of wills
- Court applications to issue grants of probate
- Resealing of foreign grants of probate
- Administration of estates
- Distribution of assets
- Duties of a trustee/executor
- Handling disputes in relation to the will