Susana Ng

Multi-jurisdictional Project

• A leading US technology company on its international guide related to supplier relationships (temporary workers, vendors and contractors), internships and changes to terms and conditions of employment (collectively, the “Guide”) to reflect new developments in the law and to provide updates on an annual basis. The extended project covers 72 jurisdictions. For Asia Pacific, the project is coordinated out of Hong Kong, with advice being provided by A&O Shearman’s team in Hong Kong, Mainland China, Indonesia, Japan, Singapore, Vietnam, Thailand and external “best friend” law firms.
• A major Chinese state-owned conglomerate on the preparation of a comprehensive multi-jurisdictional labour and employment guide to support its overseas expansion. The guide covered a range of European jurisdictions, including Germany, the Czech Republic and Spain, and was coordinated out of Hong Kong.
• A leading global short-form video platform on a multi-jurisdictional survey assessing the feasibility of different modes of labour usage across multiple jurisdictions, including Hong Kong.

Advisory

• A Chinese state-owned telecommunications operator on a wide variety of employment matters ranging from employment contract and internal HR policy review, advice on anti-bribery related matters, employee investigations, intragroup transfer of employment, harmonization of employment terms and conditions, immigration and tax compliance issues arising out of an international secondment arrangement, HR data privacy matters, employee disciplinary actions, etc. A&O Shearman regularly assists the client to coordinate local advice on issues which may impact on its global HR strategies. A&O Shearman also provides trainings to the Legal and Compliance teams in Hong Kong on topics involving summary dismissal, bribery and data privacy.
• Various private equity firms having operations in China and other jurisdictions in devising employee incentive schemes.
• A US-based general aviation aircraft manufacturer, majority-owned by a Chinese state-owned aviation conglomerate, on the preparation and implementation of an employee incentive plan for key US employees and assignees from China. The matter covered regulatory compliance, US tax and related implementation issues and required close coordination with the A&O Shearman New York team and external legal advisors and service providers.
• A global energy services company on a significant employee restructuring in China following a regulatory tax audit, involving the transition of personnel from a labour outsourcing model to direct employment. The matter required careful consideration of PRC employment law, regulatory compliance and practical implementation issues. A&O Shearman advises on the legal and procedural steps required to implement the restructuring, as well as preparing the core employment documentation needed for the new direct-hire model.
• A global investment management firm on a range of sensitive employment matters involving performance management, discrimination risk, sickness absence and discretionary remuneration decisions.
• A financial services company on a range of sensitive employment, employee relations and regulatory matters affecting its Hong Kong operations. A&O Shearman advised on workplace bullying allegations, potential race and disability discrimination issues, employee investigation strategy, risk management and the handling of contentious employee matters.
• A well-known Italian manufacturer of chocolate and other confectionery products, in relation to its substantial expansion of its operations in China pursuant to a 5-year business plan, following detailed business and employment analysis by A&O Shearman from the outset and the structuring of its workforce in China to streamline its operations. A&O Shearman has subsequently continued to advise the client in maintaining its operations and following international acquisitions of other businesses. Our work covered complex strategic considerations in balancing corporate and regulatory compliance (eg social insurance, tax structuring) issues and practical considerations in response to routine requests from senior executives and the local workforce. A&O Shearman also advises the client extensively on numerous employment issues relating to the factory newly set up by the client in Mainland China and its operations in Hong Kong. These include issues relating to employee investigations, trade unions, the use of outsourced workers, employment policies relating to blue-collar workers, the use of training bond arrangements, restrictive covenants, workplace injuries, etc. A&O Shearman also supported the client on numerous employment matters, including legal compliance checks, senior executive separations and sensitive employee investigations involving alleged invoice fraud, bullying and harassment complaints.
• An American multinational pharmaceutical company on summary dismissal, confidential employee investigations, involuntary separations and voluntary retirement arrangements. A&O Shearman also assisted with the review of contracts for key opinion leaders and brand ambassadors appearing on social media or at live promotional events, as well as arrangements for the engagement of speakers at international conferences. Our work involved employment, consultancy and compliance considerations relevant to the pharmaceutical sector, including appropriate structuring of engagement terms, scope of services, confidentiality, intellectual property, promotional activities and risk allocation in terms of product promotion which is subject to restrictions under the Undesirable Medical Advertisements Ordinance in Hong Kong.

Transactional Work

• A German biotechnology company on its acquisition of a clinical-stage biotechnology company (and its subsidiaries) dedicated to the discovery and development of novel antibodies to address unmet medical needs of patients with oncological or inflammatory diseases, advising on employment due diligence and the integration of the target’s workforce.
• A Danish integrated logistics company on its acquisition of all shares of a leading German logistics company from a German state-owned railway company. The target operates in over 70 jurisdictions with approximately 76,000 employees worldwide, including Mainland China, Hong Kong, the Czech Republic, France, Italy, Japan, the Netherlands, Singapore, the UK and the USA. A&O Shearman provided employment due diligence support and advised on potential post-closing restructuring.

Contentious

• One of the leading consumer finance companies in Hong Kong in relation to labour disputes which arose following the summary dismissal of senior executives involved in defrauding the company.
• A leading US cash-handling company having operations in China in defending claims from employees in Mainland China whose employment contracts were ended in light of the early liquidation of the employing entities. Working closely with local counsel, A&O Shearman successfully defended claims in various cities in China, including Shanghai, Qingdao, Guangzhou, etc.
• One of the leading US life sciences companies on numerous sensitive and highly confidential employment matters, including employee investigations and disciplinary proceedings against employees and the exit of senior executives. Working closely with local counsel, A&O Shearman successfully defended claims lodged by four employees who were summarily dismissed following discovery of misconduct.

Training

• A Dutch multinational banking and financial services company on employment law training.
• A well-known Italian manufacturer of chocolate and other confectionery products to deliver more than 10 sessions of diversity and inclusion training for management and employees across the client’s operations in multiple cities, including Shanghai, Hangzhou, Beijing, Qingdao, Guangzhou and Hong Kong.